Evening star., 1936-11-09
GARNETT FIGHTS
H0EPPELS' RELEASE
District Attorney Goes to
;Richmond to ThWart
Bond Move.

United States Attorney Leslie C..
Garnett and an assistant, Samuel F.
Beach, left today for Richmond to ap-
pear in Federal Court there this after
noon to contest habeas corpus pro-
ceedings instituted by Representative
John w. Hoeppel of California and
his, son, Charles j. Hoeppel, in an
effort to avoid jail sentence.
Advised by Jessie C. Duke, defense
counsel, that the Hoeppels disputed
the legality of their conviction on
charge of soliciting pay for West
Point appointment on the ground that
the jury included two members in
eligible to serve because of Govern
ment connections, Garnett said the
defendants had not challenged the
presence of these two at the trial,
and could not raise the question now.
The Hoeppels were arrested in
Richmond apartment Saturday by
special agents of the Federal Bureau
of Investigation. j. Edgar Hoover,
director Of the F. B. l.. expressed
"amazement" today over the reported
statement of Detective Capt. A. s..
Wright in Richmond that G-men
"had no part in the arrests"
Director Hoover said the Hoeppels
were arrested by F. B. I. agents I'M
assisted and unaccompanied by any
other officers. An Associated Press
dispatch in The Star Saturday quoted
Capt. Wright as saying the pair was
q hu oir hi de
man and deputy marshal and that
Richmond police aided in the arrests" I"
but Justice Department agents were
not involved.
1t was said at the F. B. I. that,
as matter Of fact, Richmond police
knew nothing of the arrests until the
Hoeppels were brought to the jail by
F. B. / agents. The F. B. I. had
launched a hunt for the pair after
they had failed to appear for commit
ment to Lorton Reformatory under
sentences of from four months to a
year.
1t was following announcement by
Hoover here of the arrests that Capt.
Wright was quoted as denying partici-
patton by the G-Men in the appre-
tensions. In the formal announce
ment Saturday Hoover said the ar
rests were made by F. B. I. agents.
Bond Is Denied.
The Hoeppels were denied bond in
o preliminary hearing Saturday be-
fore United States Commissioner Mel
vim Flegenheimer.
Duke, who asked bail "to save them
unnecessary embarrassment over the
week end" contended they were being
held illegally and asserted they would
fight extradition.
Flegenheimer said "in view Of what
lease in any amount of bond was i'm
possible.
Bench warrants were issued at
Washington after the two men, aged
Sc and "a, respectively, could not be
located for commianent to jail fol-
lowing refusal of the United States
Supreme Court to review their case.
An intensive hunt by Federal au-
thorities ended with their apprehen-
sion.
They face Jail sentences of from
four months to a year on conviction
of soliciting $1,000 from James w.
Ives, %. of Baltimore, for an appoint
ment to the Military Academy.
Government Connections.
In raising the jury issue, Duke said
that one member was the wife of
Government employe and another was
the son Of man employed for years
by the Government and now drawing
a pension. He pointed out that the
United States Supreme Court is to
pass on the right of Federal employees
or persons deriving their living from
Federal funds to serve on juries here.
The Court of Appeals has barred
them by holding the new District jury
law invalid.
Duke also said he had an order
from the Supreme Court extending
the time for filing petition for re-
hearing on writ of certiorari until
November IL, and that this gave the
Hoeppels until that time to start sery-
Ing their sentences.