Evening star., 1934-02-11
"Cuest" Sleeps
OnCOt Waiting
Next Move.
RELEASE WRIT
GIVEN BY JUDGE
Officer of Senate
Holds Service
Ineffective.
BY JOHN II. CLINE.

William P. MacCracken, widely
sought for the past two days for trial
by the Senate on contempt charges in
connection with its probe of airmail
contracts, outdid himself last night
in an effort to be arrested, but sue
ceeded only in making himself a
somewhat unwelcome overnight guest
Of Chesley W. Jurney, Senate Ser
geant at arms, who had been in
structed to take him into custody.
When this edition OF The Star went
TO press this morning, MacCracken
was sleeping on cot set up in Jur-
ney's apartment, wearing pajamaS
thoughtfully sent by messenger from
his attorney, Frank J. Hogan. Mac
Cracken said he intended to remain
In Mr.. Jurney's apartment until ar
rested.
Jurney, who in theory at least, has
been seeking to arrest MacCrackeD
for the past two days under orders
from the Senate, was eating dinner in
his apartment in the Methodist Build
ing shortly after 7 o'clock last night.
when the door bell rang. A maid
went to the door,
Warrant Is Locked Up.
There stood MacCracken, who served
as Assistant Secretary of Commerce
under President Hoover. Walking past
the maid, MacCracken entered the
dining room where Jurney was seated
at the table.
II understand you have a warrant
for me-" MacCracken said. "and I
have come to submit to arrest" The
astonished sergeant at arms stared at
his visitor for a moment. gulped a
mouthful Of food, and then replied:
why, I can't arrest you, Mr.. Mac
Cracken, the warrant is locked up in
my Office"
MacCracken, however, had made UP
his mind, on advice of counsel, to be
arrested in any event, so he took off
his coat and hat and sat down.
Meanwhile, Mr. Hogan had sent an
assistant to the District Supreme
Court to file a petition for writ of
habeas corpus to secure his clients
release. The assistant enlisted the aid
OF Deputy Clerk A. A. Horner, who
opened the clerks Office and accepted
the petition for filing.
Visit Is Explained.
Hogan then went to the home of
District Supreme Court Justice Daniel
w. O'Donoghue to make a formal ap-
plication for the writ.
Receiving Hogan and his assistant,
William H. Donovan, in his living
room. Justice O'Donoghue sat down
on a davenport and Mr.. Hogan began
an explanation of his visit.
He told Justice O"Donoghue that
MacCracken had been arrested by
Jurney and that he had filed his
petition for a writ Of habeas corpus
with the clerk of the District Supreme
Court. Hogan also related the history
OF the case to Justice ODonoghue
and stated that MacCracken had been
arrested by the sergeant at arms of
the Senate, alleging that the Senate
had authority to order the arrest and
that his client was being unlawfully
detained
A few minutes later Deputy United
States Marshal John J. Clarkson en-
tered the room. He was followed by
Horner and Attorney Edmund l..
Jones, another member of Hogan's
firm.
Serves Jurney With Writ.
After reviewing the petition Justice
O'Donoghue said he would sign the
writ. He refused however, to author
lie bond for MacCracken and said ne
was to remain in Jurneys custody
until tomorrow morning at 10 o'clock.
when the write was made returnable.
After the writ had been signed by
the Judge, Clarkson went to Jurney's
apartment to serve him with it.
He rang the bell and, after brief
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