Evening star., 1934-02-11
SURRENDERST0R
DENIED BY HOGAN
Attorney Says He Did Not
Give Bond to Produce
Senate Defendant.

Frank ]. Hogan, counsel for Will
liam P. MacCracken, issued state
ment yesterday in which he contra
dicted a news story that said he had
given his personal bond for the ap-
pearance of MacCracken in the SEN
ate Friday and that the citation of
others along with MacCracken did not
release the attorney from his respons-
ibility to surrender his client on de-
mano.
Hogan pointed out that the news
stories said that Hogan as a bonds
man, even # II is a personal, cannot
claim privilege of lawyer toward his
client"
This story is completely inaccu-
rate" Hogan asserted. If he had
given bond, personal or otherwise, he
said, or had made any agreement to
produce MacCracken In the Senate
Friday, he would have done so.
The facts in the case, as explained
by Hogan, are that on Friday, Febru-
ary 2, MaoCracken was arrested by
Sergeant at Arms Jurney under the
first warrant issued in the case by
the Senate.
Letter Given by Hogan.
That warrant called for production
OF MacCracken at the bar of the Sen
ate to answer such questions as might
be asked him. As MacCracken's at
torney, Hogan gave Jurney a letter
which expressly referred to the war
rant which Jurney had just served
requiring MacCracken to appear be
fore the United States Senate Mon-
day, February S, 1894. at noon" Ho-
gan's letter said: II herewith under
take to produce the said william P.
MacCracken, jr., at the Senate of the
United States at the time above
stated"
Shortly before noon on Monday,
Hogan said, he and MacCracken ap-
peared in the Office of Jurney and
the sergeant at arms again took Mac
Cracken in custody. Jurney explained
then, however, that the Senate had
changed its plans and he was unable
at the time to take MacCracken on
the floor of the Senate. Instead,
Jurney had MacCracken remain in a
gallery until he was wanted on the
floor and told him he expected the
time to be about 2 o'clock. Hogan
asserted that n surrendering his
client to Jurney then he fulfilled his
obligation in full.
On Monday. while MacCracken was
waiting in the gallery, the Senate, on
motion of Senator Black, released
him from custody, and Jurney re-
leased Hogan from the bond he had
given.
Cita ton Is Issued.
On the next day the Senate issued
an entirely new document, called a
citation, which asked MacCracken to
appear voluntarily on the floor of the
Senate, not TO answer questions, but
to show why he should not be pun
lshed for contempt. 1t was the con-
stitutional right of the Senate to take
this action which MacCracken chal.
lenged
Il gave my bond February to
produce Mr.. MacCracken at the SEN
ate Monday, February 5. under what
considered an entirely valid Senate
warrant which called for MacCrac-
ken's appearance then and there to
answer questions pertinent to the
matter under inquiry" Hogan said.
Mr.. MacCracken appeared as I had
agreed he would. Senator Black in
moving that Mr.. MacCracken be re-
leased under that previous citation
said: Mr.. President. in view of the
fact that this entire matter is to be
taken up on the citation which has
just been issued with reference to
the individuals named. including Mr..
MacCracken, move that in so far as
the previous citation is concerned 1t
simply requires him to appear here
and give testimony and that he be
released from custody under Senate
resolution 169, adopted on Friday
last The motion was put and the
Vice President announced Without
objection, the motion is agreed to-
Il did not and would not have
given any bond for Mr.. MacCracken's
appearance under what I consider the
void citation which was not served on
him until last Tuesday. Nor would /
nor could I as his attorney agree
to his voluntarily appearing under the
warrant issued yesterday which, in
my judgment, is void"