Evening star., 1934-02-13
HanShue, Brittin and GiVvin
Also Appear for
Trial.
c. w. A. BILL DEFERRED
TO RESUME PROCEDURE
Hogan Still Denies Senators Have
Jurisdiction-Prisoner Guarded
in Hotel Suite.
BULLETIN.

AoAAh AAO6oAAs N1dNS1dGhCl
sci, told the Senate today in his
final argument in the airmail con-
tempt trial that his client had
no knowledge of the removal or
destruction of the Northwest Air
ways files and had purged himself
OF contempt by return Of the 9TH
ers. He asked acquittal The
Senate Immediately went into ex-
ecutive session to reach a decision.
BY the Associated Press.
The Senate today resumed the trial
of William P. MacCracken and three
aviation company officials on charges
of contempt.
To do so, it laid aside the $780,
100000 c. w. A. appropriation bill
without reaching a decision in the
dispute with the House over amend
ments.
AS long-Waiting crowds looked
down, MacCracken, former Assistant
Secretary Of Commerce; L. H. Brit
tin. vice president of Northwest Air
ways; Harris M Hanshue, president
of Western Air Express, and Gilbert
L. Givvin, Washington representative
of the latter company. the four de-
PENDANTS, were brought into the cham
Der and took their customary seats
to the left of the Vice Presidents
dais on the floor
Chairman Black of the Investieat-
ing Committee opened the proceedings
by announcing he would not insist
on continuance CT the reading of the
long committee report, begun yester-
day, unless counsel for MacCracken
objected.
Frank j. Hogan, MacCracken's at
torney, replied the decision of the
District Supreme Court Yesterday in
remanding MacCrscken to the Gus
tody of the Senate had put them in a
different position" and he would
waive further reading. but would
continue to hold to their contention
that the Senate had no constitutional
right to try the defendant and punish
him.
No More Evidence.
Asked by Black if he had any evi-
dence to produce, Hogan said he con-
Sidered the evidence all in as far as
he was concerned.
41C1C was OIlG the legal
storm clouds lowering over Mac
Cracken. however. and that developed
this morning when United States At
torney Leslie C. Garnett indicated
he would not press perjury charges
against MacCracken.
Garnett had stated in court yester-
day that he considered it his duty
to study the advisability of seeking
an indictment against MacCracken
on perjury charges for stating under
oath that he had been arrested Sat-
urday night by Chesley w. Jurney,
Senate sergeant at arms. Garnett ex-
planned today that in view of subse-
quent developments he probably would
not ask the grand jury for the in
dictment.
MacCracken was summoned to ap-
pear before the Senate bar at pm.
to show cause why he should not be
punished for contempt for allegedly
permitting documents wanted by the
Senate in its airmail investigation to
be removed from his files
Postponed Two Hours.
The trial, originally set for noon,
was postponed two hours to await the
arrival of Senators Austin of Vermont
and White of Maine, both Repub-
licanS.
Another factor in delaying the trial
was the desire of administration lead
ers to permit emergency legislative
business to be transacted. Majority
Leader Robinson, who obtained the
suspension, hopes to dispose of the
$3.50, 100000 civil works-relief ap-
preparation bill.
A large crowd was in the galleries
awaiting resumption of the trial.
Hogan indicated this morning that
his client may stand mute when ar
raigned before the Senate. Asked
whether MacCracken would endeavor
to defend the charges against him or
remain silent on the theory that the
Senate has no right to try him, Hogan
replied: Il can't answer that at this
time" Previously it had been indi-
Gated MacCracken would refuse to
participate in a Senate trial, even
though physically present.
MacCracken'S strenuous efforts 10
contest the Senate's right to try him
met final defeat late yesterday in
OAobiACI oupL CLlC OOuTL WueIl JUSTICE
Daniel W. O'Donoghue dismissed a
second writ of habeas corpus designed
to deliver him from the authority of
the Senate, and ordered him remand
ed into the custody of Sergeant at
Arms Jurney.
Three Room "Pris0n."
After Justice O'Donoghue had re-
fused to release MacCracken on bond,
Jurney took his prisoner to the Will
lard Hotel Jurney called for three
rooms with southern exposure" to
use as MacCracken's cell
A cosmopolitan crowd, including
smartly clad women and couple of
Indians, was strolling in the lobby
when Jurney and his prisoner entered
the hotel to engage quarters. Neither
brought baggage, and MacCracken's
first action after being taken to his
room was to telephone mis- home.
In engaging the layout, Jurney
stipulated that he wanted a room
with a shower bath, remarking, II
haven't taken tub bath In years, and
I don't want to begin now"
The sergeant at arms said all meals
would be served in the rooms. He
announced a 24-hour guard would be