Evening star., 1934-02-14

IN another round of private Senate
cratory-rare in the annals-today
rested decision upon what punishment,
P. MacCracken ard three Of his air
mail clients.
The third day of trial for the for
mer little cabinet" member in two
administrations opened with him
again comfortably ensconced-a well
dined and breakfasted hotel-room
prisoner of the Senate.
Three other defendants-L. H. Brit
tin, Harris M. Hanshue and Gilbert
Givvin-roamed free until "court-sit-
ting time" but paid for their own
meals and lodging
AS Senators ended without decision
yesterday a prolonged secret debate
heard only by their own colleagues as
to what course would be followed, it
appeared the session had failed to de-
eide it. They resumed their delibera-
tions at noon today.
Parhamentarians contened the Sem
ate could vote guilty or not" and
then fix fine or jail sentence to run
as long as Ine current senate session
lasts. or both. Or the men could be
cited to the local courts.
Claims Defendant Purged.
Frank Hogan. counsel for Mac
Cracken. loosed public oratory on the
Senate floor before the doors were
locked. He argued that although
guilty of contempt when he allowed
removal OF certain Western Air Elk
press flles while under subpoena, Mac
Cracken had been purged when they
were returned.
He challenged the Senate's power to
punish for contempt after a witness
produced the evidence from which the
contempt action arose.
MacCracken, held in an ante-room
during the private session, chatted
with his Senate sergeant at arms
Jailer-Chesley Jurney-as they pre-
pared to spend their third night In
the same rooms.
They were acquaintance before all
the trouble arose. First Jurney had
chased MacCracken and then vice
versa. First MacCracken spent a
night unlimited at Jurney's house,
trying to get arrested. Then he spent
two as compulsory guest"
When Hogan. suffering from q
severe cold, arose to address the Sem
ate shortly after pm. yesterday,
virtually every seat in the chamber
was occupied. The galleries we're
packed and hundreds waited in line
outside for a chance to witness the
proceedings
Senator Black, chairman of the In
vestigating Committee. slouched in
his chair at the prosecutors table.
but followed intently every sentence
of the defense attorneys argument.
Senator Borah, an authority on the
Constitution, came into the Senate
armed with law books, which he con-
suited frequently during Hogan's As
minute address. Huey Long, dressed
in a gray suit of distinctive pattern,
followed the argument for a while
and then strolled from the chamber,
but returned before it was over.
Advised by Hogan.
Hogan began his argument by
stating candidly MacCracken, in re-
sisting the efforts of the Senate to
try him, had acted under the advice
OF his counsel He said that he, as
a lawyer, believed it was proper for a
defendant to test the jurisdiction of
tribunal to try him before, and not
after trial.
After reviewing in chronological
order the facts in the case, Hogan
came down to the actual renewal of
documents from MacCracken's files,
upon which the Senate's contempt
proceedings are based He separated
these into the "Brittin incident" and
the "Givvin incident"
He argued that, after the subpoena
had been served, Brittin came to Mac
Crackens Office during his absence
and, without his knowledge or consent.
removed certain documents which sub
Sequently were destroyed. He said
the undisputed evidence showed that
MacCracken had nothing to do with
these acts. On such showing, he
argued, there was no way in which
he could be held in contempt.
In the other case, he admitted Mac
Cracken had turned over papers to
Givvin, some of which were found to
be related to the airmal inquiry and
covered by the subpoena. Admitting
that this was an act of contempt, he
pointed out that MacCracken imme-
diately thereafter got the papers back
from Givvtn and turned them over to
the Senate. IF that be not purging
ones self Of contempt" he said. then
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