Evening star., 1944-02-17
Turnage 10 Resume
Hearing Of Bratcher
In Draft Evasion Case

Everett M. (Washie) Bratcher's
hearing on a draft evasion charge
will continue today before United
States Commissioner Needham c..
Turnage, with the blond band leader
facing the possibility of either going
to jail or posting bond for his ap-
pearance in United States Court at
Alexandria, Va, next June 5.
Seated beside his mother, Mrs.
Mary c. Martin, in packed hearing
room, Bratcher yesterday heard Mr..
Turnage deny two motions offered
by Defense Attorney T. Edward
OConnell to dismiss the complaint
on the ground that it had not been
proved that Bratcher told a false
hood to evade the draft.
The dispute precipitating the con-
tinuation arose when Mr.. OConnell
raised the question of releasing Mr.
Bratcher on his current bail. pend
ing hearing in United States Dis
trict Court here. Mr.. Turnage said
he was without authority to do that,
but would have to order Mr. Bratcher
committed to jail, from which his
release could be obtained on a writ
of habeas corpus.
Coercion" Is Charged.
Mr. O'Connell argued that the
commissioner, in effect. was telling
Mr. Bratcher he either would have
to post bond for his appearance in
Alexandria or 60 to jail. Such
coercion" the attorney argued,
violated the defendants constitu-
tional rights.
The session of more than two
hours was marked by heated ex-
changes between Mr.. O'Connell and
Assistant United States Attorney
John c. Conlif1e, jr. The defense
attorney also took issue with the
commissioner frequently and the
hearing ended with Mr.. Turnage
pounding his open palm on the desk
and silencing Mr.. O'Connell with
the remark, That's the end of It,"
At one stage of the hearing the
commissioner halted the proceed
ings and asked Mr.. O'Connell to
be seated
Maj. Malcolm D. Harrison, chief
medical officer at Fort Myer induc-
ton center, testified Mr.. Bratcher
told him he had taken some cold
shots" when the officer inquired
whether he had taken any medica-
tion before his examination.
Says Tests Showed Drug.
Robert H. Chambers, Federal Bu-
reau of Investigation chemist, testi-
fed that urinalysis showed a con-
tent of two-tenths of milligram of
the drug Mr.. Bratcher
is accused of taking to induce high
blood pressure and disqualify him.
self for military service. The chem
ist, questioned by Mr.. O'Connell.
admitted that some formulae for
the treatment of colds contained the
drug and that If taken by inhalation
evidence of 1t might show up in
urinalysS.
Special Agent John D. Clark of
the FBI told the Commissioner Mr..
Bratcher admitted to him taking
three benzedrine tablets the night
before he was scheduled to report
at Fort Myer. The band leader, he
said, told him Of taking two more
benzedrine tablets the morning he
reported at Fort Myer and two more
tablets the afternoon he was hos
pitalized at the post for further
examination.
Mr.. O'Connell refused to call u
witnesses summoned in Mr.. Bratch-
er's defense. after drawing from
Commissioner Turnage an admis-
sion that the Government had pro-
duced sufficient evidence to war
rant the band leaders removal to
Alexandria. Mr.. Turnage later said
he would hear any witnesses the
attorney wanted to call, but the
latter refused.
At least half dozen servicemen,
a naval lieutenant COM
mander, were present at the hear
ing, presumably to testify in Mr..
Bratcher's behalf.