The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-02-13
MACCRACKEN
LOSES 4-DAY
ARREST FIGHT
Hoover Aid Ordered to Face
Contempt Charges in
Senate.
LEGAL GAME is ENDED
Accused in Air Mail Probe
Beaten in Several
Court Battles.
BIZ United Press

DU 1 NItbu EftSS
WASHINGTON, Feb. 13.-Backed
by court decision upholding its
authority, the senate prepared today
to press contempt charges against
William P. MacCracken Jr., whose
four day fight for freedom ended
dramatically last night with his
Imprisonment" by the senate SER
geant- at-arms, Chesley Jurney.
The former assistant secretary of
commerce spent the night in a hotel
room, closely guarded by Mr.. Jurney,
after Justice Daniel w. O'Donoghue
of District of Columbia supreme
court discharged second writ OF
habeas corpus by which Mr.. Mac
Cracker had hoped to escape SEN
ate custody.
Thus was ended legal game OF
hide-and- seek which Mr.. McCracken
and Mr.. Jurney played to the ma
tons amusement. All prizes were
awarded unanimously to the senate,
and that body was ready to move
forward in its trial of Mr.. Mac
Cracker on contempt charges in the
sensational airmail contract invest
cation.
Mr.. MacCracken was left groggy
last night after a hectic day in
which every decision was against
him. And if that were not enough,
he was forced to do without food
while Justice O'Donoghue and the
senate Shuffled his case back and
forth for nine hours. Rapid-f1re de-
velopments, in which Mr.. Mac
Cracker and his attorney, Frank j.
Hogan, were heavy losers, included:
Fined S1OO for Contempt
A visit to Justice O'Donoghue's
motions court at 10 a. M. at which
Attorney Hogan pleaded that his
clinet had been arrested legally
Saturday night at Jurneys apart
ment and that habeas corpus writ
granted by Justice ODonghue at
that time should remain in force.
After hearing Mr.. Jurneys con-
tention that the arrest never had
been made because the senate war
rant was lockd up in safe in the
capitol, the white-haired justice dis
charged the writ.
Then, to Mr.. MacCracken's
amazement, Justice ODonoghue
called upon him to show cause why
he should not be held in contempt OF
court on the grounds the original
writ was obtained by misrepresenta-
ton
After brief defense, in which he
declared he had acted in good
faith" Mr.. MacCracken was adj
Judged guilty of contempt and fined
500.
Arrested in Court
While Attorney Hogan paid the
fine with five $40 bills in the courts
marriage license bureau, the frock-
coated sergeant stepped
forward, adjusted his glasses, and
read the senate warrant to Mr.. Mac
Cracker. He hurried the former
government official to the Capitol.
Legislative business was inter-
rupted, and Mr.. MacCracken was
escorted into the senate chamber.
Chairman Hugo Black of the spe-
cial airmail investigating commit
tee opened the contempt proceed
ings. An hour later, however, Sem
ator Black agreed to Minority
Leader Charles L. McNary's Sugges-
ton for a postponement until to-
day.
Leaving the chamber with his
prisoner, Mr.. Jurney was served
with another writ which Attorney
Hogans law partners had obtained
from Justice O'Donoghue. The writ
called upon Mr.. Jurney to produce
"the body" of Mr.. MacCracken in
court Immediately, and the two re-
turned to Justice ODonoghue's
chambers.
The justice summoned a special
session, denied Attorney Hogan's
petition for a postponement, and
announced he would rule on the
question of legality or illegality OF
Mr.. MacCrackens arrest. He gave
counsel fifteen minutes to prepare
arguments and convened his court
at 4:30 p. m.
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