Evening star., 1934-02-11

ooh AoAlucu Alu JIG WIlt AAlu CA
planned what 1t was. Jurney asked
him to read 1t.
After he had done so. Jurney. with
a wave Of his hand, summoned re-
porters and photographers standing
at the doorway.
II want you all as witnesses to this
he said. II have not ar
rested Mr.. MacCracken. He came here
Of his own accord and = am not de-
tanning him"
MacCracken then emerged from an
inner room. He shook hands with
Clarkson and examined the writ
Then. while the photographers made
pictures. he chatted with his host and
Clarkson and re-entered the apart
ment.
Will Seek Senat0rs' Advice.
Jurney. meanwhile, explained to
reporters that he had not arrested
MacCracken and that the latter was
at liberty to leave If he saw
mt. 1t was obvious, however, that
had no such intention,
for he seated himself in an easy chair
and relaxed with q sigh of content
ment.
Asked as to his plans for accommo-
dating MacCracken over the week
end, Jurney indicated he would seek
advice from members of the Senate.
We insisted that he could not arrest
no matter how willing
the latter might be, because the war
rant, locked in his office, directed him
to bring MacCracken Immediately be-
fore the bar Of the Senate.
Jurney then went to the telephone
and called Senator Hugo L. Black,
chairman Of the committee conduct
ing the investigation.
Tells Story to Black.
Senator Black" he said, this Is
Jurney, the high sheriff, speaking.
About 20 minutes ago my maid an
swered the door. 1t was Col. Mac
Cracken, and he said he came to
give himself up. I then explained to
him that couldn't arrest him since
the Senate had adjourned and I had
no warrant with me with which to
make the arrest What am I going
to do with him?
We'll. might get an airplane or
an army cot and put him in the
kitchen.
Yes, he is here now with some of
Mr.. Hogan's partners. Senator, the
door Is wide open and he can leave
if he wishes to 60
mo, / am not asking for legal
advice; I can take care of that all
right, but just wanted you to know
how things stand.
Yes. there are some reporters and
photographers here. Did they make
any pictures? Sure, dozens of them.
All right. Senator. Goodbye"
As the evening wore on, Jurney and
his guest" chatted agreeably and
posed for photographers seated on the
comfortable sofa in the Jurney liv-
ing room which overlooks the new
Supreme Court Building on Capitol
Hill They talked Of the weather, the
view and the latest developments in
the startling situation. The host"
offered to provide MacCracken with
q cot and bedding If he cared to spend
the night.
Considers Self Arrested.
MacCracken said at looked as II he
would take him up on the offer"
MacCracken said he considered
himself under arrest inasmuch as
there was q warrant out for him and
he had seen the papers. Jurney af-
fably replied that MacCracken need
not consider himself under arrest,
since he had not served the papers.
Furthermore, he announced that he
would not arrest his guest until the
Senate meets tomorrow. provided, of
course. that MacCracken does not
wear out his welcome before then.
Hogan, at his home on Sheridan
Circle. maintained that MacCracken
had been arrested by Jurney
Il take it, he said. that If q court
gives the marshal a warrant and in
structs him to arrest Mr.. x, the
marshal, simply because he does not
have the warrant with him, cannot
refuse to arrest Mr.. x II he appears
and says he is ready to submit to 1t.
The Senate contends it is sitting as
a court in this case and I see no
reason for taking a different view of
the present circumstances"
Arrest Refused Earlier.
The first report that MacCracken
would submit to arrest developed
Friday afternoon. The arrangements
then, however. were for him to sur
render at District Supreme Court,
with writ of habeas corpus in the
offing. Jurney refused to make the
arrest under these circumstances.
Yesterday morning the reports that
MacCracken would submit to arrest
were revived, the only difference being
that the arrest was to be made
uptown" The day wore on, how
ever, and MacCracken did not appear.
Early last night. however, reporters
standing watch at Hogan's ONCE saw
him leave. They followed him to his
home and less than an hour later to
Justice ODonoghue's residence. Then
1t was learned that MacCracken, at
the time, had sought out Jurney to
announce he was ready to be arrested.
Waivers Were Asked.
Hogan, in his statement to Justice
ODonoghue, pointed out that after
the subpoena for his records had been
issued, MacCracken appeared before
the Senate on January 81 and Febru-
ary 2. He admitted then, according
to Hogan, that he represented the
companies under investigation and
that he had certain files in his
custody.
Subsequently, he related, Mac
Cracken, with the approval of Senator
Black. sent kilograms to his clients
asking II they wished to waive the
immunity existing between attorney
(MacCracken) and client and submit
the records to Senate perusal. As
to make some general observations on
this score when Senator Tom Con-