The San Francisco call., 1897-08-28
BOONE MAY
NOW TESTIFY
Inventor Bowers Withdraws
Objections to the Law
yer's Competency.
Opens the Door and Throws
Down the Gauntlet to His
Former Adviser.
Judge Morrow Grants Leave to Re-
open a Case and Let Boone
Tell All.

John II. Miller and Crittenden Thorn
ton, counsel Tor Alphonzo B. Bowers in
the proceedings brought by Bowers to
have John L. Boone disbarred for unpro-
| fessional conduct, filed document Thurs
day afternoon in the United States Cir
cult Court. which will expedite the ex-
pected developments in the case. 1t will
be remem bered that Boone in his answer
10 Bowers complaint averred that in 1882
Boone and Bowers were together one day
in tie rooms of the Master in Chancery,
and that while they were examining a
model of the Bowers dredger a piece OF
the model broke off and fell to the floor.
Bowers put the piece into his pocket and
said: "Taat's all ri ht, we won't say any
thing about it.
The answer proceeds to state further.
that after that episode Bowers testified
that the model was in the same condition
it was before the patent was applied for
There is another allegation as to a remark
made TO the effec. that if the circumstance
of the broken model ever tecame known
on the outside it would defeat the Bowers
patent. The document filed yesterday by
Bowers attorneys reads like challenge
and defiance, and is as follows:
In the Circuit Court of the United States in
and for the Ninth Circuit and Northern Dis
trict OF California, Alph onzo B. Bowers, com
plainant VS.. San Francisco Bridge Company.
respondent.
!, Alphonzo B. Bowers, complainant in the
above-entitled suit, do hereby stipuiate and
agree that the submission of this case. be set
aside aud the same be reopeued for further
testimony in the respect hereinafter indicated
and that John L. Boone. lately my solicitor
and counsel In this suit, may be called as q
witness for the Respondents herein, and may
testify all and concerning the matters set
TO tn in MS answer in the proceeding In this
court entitled In the matter of John L..
Boone, attorney aud counselor-at-law." hereby
waiving ali objection TO said Boone on ac-
count of lack OF CON .tency. Provided, now
ever, that counsel Tor respondent shall 1ndl-
cate their acceptance OF this stipulation and
permission within five days from the Gale
hereof and shall proceed TO take such testl-
mony within ten days thereafter.
\. BOWERS, Com plainant.
JOHN II. MILLER
solicitor for Complainant.
Dated August 70, 1897.
Yesterday morning ge Morrow made
an order vacating the submission of the
case OF Bowers VS.. the San Francisco
Bridge Company and giving leave 10
Bowers to examine Boone under oath be-
fore the Master in Chancery within fifteen
days, Bowers to have five days time
thereafter In which to produce evidence
in rebuttal.
The following is the preamble to the
order:
WHEREAS 1t has been made to appear to
the court that John l.. Boone Esq, an attor-
ney and solicitor of this court and formerly
soil icitor and counsel of the complainant in
this suit, has charged aud alleged in certain
paper writing file IN the records OF this
court, that Alphonzo B. Bowers, the complain
ant herein, did som metime i'll the year 1892 in
the room of the Master OF Chancery of this
court, in the presence OF the SAID John L..
Boone Esq, mutiIate and deface certain
model OF nm invention upon which this suit is
based, and has withheld all knowledge of
such act from this court until after the sub
m ission of this court for lis decision. and
whereas the said Alphonzo b. Bowers has
filed in this court stipulation agreeing to
set aside the submission OF this cause for de-
cision and waving the lack oil competency of
the said Boone to testify as a witness herein,
provided that the decision of this cause be
not unduly delayed thereby.