Evening star., 1934-02-12
Lawyer Taken
to Capitol
by Jurney.
HOCANDEFENDS
ACTS AS LEGAL
Ordered Punished
for Efforts to
Get Writ.
BULLETIN.

Justice Daniel ODonoghue at 2
o'clock this afternoon signed a
new writ of habeas corpus direct
ing Sergeant at Arms Jurney, or
ANY other person or persons who
may have him in custody" to
deliver William P. MaCCracken
to the District Supreme Court.
Deputy Marshal John Clarkson left
at once for the Capitol with the
writ. It was understood that if
refused entrance to the Senate
and, failing to locate Jurney, he
would serve the writ on the first
Senator who left the floor.
His game of legal hide and seek
over, William P. MacCracken, jr.,
former Assistant Secretary of Com
merce, entered the Capitol Building
shortly after l o'clock today under
arrest of the United States Senate.
Senate Sergeant at Arms Chesley
W. Jurney served the arrest warrant
on MacCracken in the clerks Office
at the District Supreme Court imme
diately after MacCracken had paid
a fine of 500 imposed upon him by
Justice Daniel w. ODonoghue for
contempt of court.
A large crowd jammed the little
clerks Office of the court as Mac
Cracken and Frank J. Hogan, his law
yer. sat at a long table where those
wishing marriage licenses fill out their
application forms.
Jurney Denies Arrest.
MacCracken had been fined by
Justice O'Donoghue because he had
stated In his application for a writ
that he was held in bodily restraint
by Jurney, although the latter tes-
titled he never made any attempt to
take MacCracken into custody.
Immediately after MaCCracken had
passed a wad of bills across the
counter. Hogan said. "All right,
Ches"
Jurney then read the arrest war
rant, signed by John M. Garner,
president of the Senate. Immediate
~ after reading it, MacCracken
picked up a fountain pen and started
to sign new petition for habeaS
corpus writ, which Hogan said would
not be filed until after MacCracken
had been to the Senate.
You had better put your hand on
him, Ches," said Hogan. Jurney
smiled and clasped his right hand
around MacCracken's left wrist, just
where MacCracken wears gold wrist
watch. There was general laughter
and then MacCracken signed his pc
tition, swearing before Clerk Henry
Hull that the facts therein contained
were true.
Returns to the Capitol.
Then Jurney, Hogan and McCrack-
en- pushed their way through the
dense throng and got into Jurney's
automobile, waiting outside. Accom-
panied by other cars containing news
paper men and photographers, Jurney
made a quick trip to the Capitol and
escorted MacCracken and Hogan in
side.
After Jurney had departed for the
Capitol with his prisoner, E. l..
Jones, one of Hogan's assistants, ap-
piled to Justice O'Donoghue for an
other writ of habeas corpus. The
Judge was eating lunch at the time
and told Jones he would have to wait
until he could see him in his cham
bers.
A few minutes later Justice O'Don-
oghue called Jones and reporters to
his chambers. Jones recited the fact
of MacCracken's arrest and asked for
the writ. Justice O'Donoghue said
he would not take action until he
had read the petition. I think I
had better go over the petition more
carefully this time" he said.
If the writ is issued, Deputy Mar
shal John J. Clarkson will take it to
the Capitol. He is under instructions
to serve it on the floor of the Senate
unless an effort is made to stop him.
Clarkson was told specifically not to
use any force in securing service.
United States Attorney Leslie c.
Garnett, who appeared in Jurneys
behalf, stated to the court it was his
duty "to consider the presentation to
the grand jury of perjury charges
against MacCracken."
Senator Robinson. the Democratic
leader, informed of the courts action,
said:
Some of us have been thinking
that the effort of Mr.. MacCracken and
his attorney to make sport of this pro-
ceeding might not prove so funny as
they anticipated.
The contempt decision was an
nounced after both MacCracken and
Continued on page f. column ID,