The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-10-23
]. B. ADDLCKS
ON TRIAL,
Fer Alleged Contempt Of the United
States Court

In the Upited States Court yesterday
afternoon Rogers Foster. attorney OF new
York, motioned that j. Edward Addicks,
p. c. Chandler and Charles N. k1ttlnger
show cause why they should not be DEEM
ed guilty Of contempt by refusing TO opey
tho orders OF the court.
Mr.. H. II. Wnrd who represented Ad-
dicks and Chandler, said that the court
had no jurisdiction to punish contempt
for any publication even should same be
true in the present case and which he de-
MED.
So far as the resistance of the process
of the order of this court is concerned
Mr.. Chandler Is not connected with the
| defendant company. There could be no
legal service al the Hoffman House, New
York, as it was out OF tho district OF this
court.
Mr.. Foster said the missile was prepared
In New York city to be fired in this
district. He claimed that because notice
had been served at the residence OF Mr..
Addicks. He dwclt upon the newspaper
article which appeared in the New YORK
papers and also in the papers here and re.
published in part yesterday IN the kEpub-
LlCAN.
The court said 1t could not see Its way to
punish for contempt for acts committed
outside Of the district.
Mr. Chandler may it please the court l
am not counsel for Mr. Addcks, nor tho
Bay State Gas Company of Delaware.
The court ruled that 1t could not deal
with cases committed outside OF the dis
trct as being contcmIt Of court.
Mr.. Foster then moved for Il rule re-
turnahle ut once charging Mr. Addicls
with contempt by refusing to give up the
books Of the company.
The court-Your affidavit does not set
forth whether the orders were issued hero
or in New York. II the Marshal of this
court went to New York, and Mr. Ad.
dicks evadcd snrvicn was that contempt?
Mr., Foster--Yos, and If Mr.. Addicks
gets away he will never produce the books
until some other judge puts him III
Jail.
Marshal Lannan was called and served
tho rulo upon Mr.. Addicks.
Mr. Ward stated that the papers were
served yesterday morning on Mr.. Addlcks
Since then he has been present i'll court
and he never know where contempt could
be committed during the due process OF
the court.
Mr. Foster claimed that no honest man
would refuse to give up tho books. Can 1t
be true that the reason for not giving up
the books was that he was busy. What
right has he to conceal these books? Have
they been destroyed?
Mr.. Foster continued bis argument and
stated that you cannot purge yourself OF
contempt if you do not show your willing.
ness to comply with the order Of the
court.
The court stated that 1t was in doubt as
regards the decision in tho case and con
sidered that 1t would be arbitrary to
compel Mr.. Addicks to state where tho
books were located
Mr.. Foster-Suppose Mr. Addicks leaves
the state.
The Court have no material interest
Ia the case, and believe no does not in
tend to be an exile, he will stay here for
the next few days.
Mr. Adllicks was called before the court
and stated that he acted under inatruc-
tions from his attorney and did not know.
where the books we're and Us president of
the company had not control of the books,
that they are in the possession of tho Sec
rotary and treasurer.
Mr. Fostet wanted to know il Mr. Miller,
secretary and treasurer, did not take the
books to New York at his direction.
Mr. Addcks-He did not.
MIR. Foster-Where are tho books now?
The Court-Oh, no, Mr.. Foster! that
question has been answered by Mr. Adj
dicks. and we think the case Is ended.
Mr.. Foster announced his intention of
dropping the case against Charles II.
Kittinger, who was represented by w. IL.
Hilles