Evening star., 1954-10-30
Court Frees Powell
On Bond Pending
Contempt Appeal
BY Howard |. Dutkin

Clyde il. Powell, former as
sistant administrator Of the Fed
eral Housing Administration, to-
day was free under $4,000 bond.
following his sentencing yester-
day to one years imprisonment
for criminal contempt of court.
The u. 8. Court Of Appeals
for the District of Columbia set
bond freeing Powell. pending
outcome Of an appeal from his
conviction and sentence. Chief
Judge Harold M. Stephens and
Judges e. Barrett Prettyman and
George T. Washington heard the
case.
In its action yesterday the
appellate court reversed a ruiz
ing made earlier in the day
by Judge F. Dickinson Let's of
the U. S. District Court for the
District of Columbia denying
bond for Powell.
Judge Let's had found Powell
guilty of "willfully, deliberately
and contumaciously" refusing to
answer questions asked before a
grand jury. although ordered to
do SO by the judge.
Diaries Involved.
The grand jury is investiga-
ting alleged bribery and other
misconduct in the Federal Hous-
ing Administration. The ques-
tions related to Powell's diaries
and desk calendars and whether
he had removed them from his
Office when he was ousted as
assistant FHA administrator
earlier this year.
In refusing to answer certain
of the questions. Powell invoked
his constitutional guarantee
against self determination.
After Judge Let's denied bail
and ordered Powell committed to
the custory of the United States
marshal, Defense Attorney DAN
iel B. Maher filed a petition for
bond with the appellate court.
In granting the bond. the court
said there were substantial
questions of law raised by Mr..
Maher.
Mr.. Maher had argued that,
if the desk calendars and diaries
were actually Federal property,
Powell might have been fearful
of prosecution for taking such
property had he admitted their
removal. Thus, he argued, the
fifth amendment against self
incrimination properly was in
voked
Charges Questions Altered.
In addition Mr.. Maher charged
that the questions Judge Let's
had directed Powell to answer
were changed somewhat by par
aphrasing when Powell was
quizzed again by Max H. Gold
schein. special assistant to the
Attorney General. Mr.. Gold
schein is in charge of the grand
jury investigation.
A third point raised by Mr..
Maher was that Powell attempted
to answer the questions by stat
ing he had removed nothing
from his Office except personal
belongings" He quoted the rec
ord as showing Powell told the
panel he nexer kept an official
diary but had an appointment
calendar on his desk.
Powell was also quoted as tell
ing the grand jury he did not
take the calendar and that any
official property was left in the
FILA Office.
Answer Cited. ....
whats evasive about this?"
interjected Judge E. Barrett
Prettyman with glance at Mr..
Goldschein." He tPowelD says
he didn't take anything away
except personal effects :"
It was brought out that Powell
had replied, Il have answered
your question:" when asked
whether he had taken Of
fetal diaries or desk calendars
specifically for the years 1916
through 1854. On, other occa-
sions, he had invoked the fifth
amendment.
Mr.. Maher told the court
Powell had not been involved in
any law violations, other than
minor traffic charges. in his 18
years of residence here.
Earlier Troubles Related.
When Powell was a teen-ager.
Mr. Maher said, he was accused
of forging his fathers name to
two checks. Later restitution
was made. Mr.. Maher said. The
lawyer declared Powell had de-
MED charges of being involved
in two other check cases.
Mr.. Maher said Powell also
had been involved in the theft
of pin while working as a
bellboy about 40 years ago. He
also said Powell had gone AWOL
from the Army in Paris in 1918
or 1919.
Powell was kept confined in
the cellblock in the United
States Courthouse while the ar
guments were in progress. Later
bond was posted by bondsn1an
Howard Hughes. Powell then
left the building with his at
! torney.