Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-10-21
BAY STATE GAS co.
II. n. Wards statement Concerning TIE
Hearing IN Philadelphia.

Hearing IN Philadelphia.
Friday morning reporter Of Tie
Gazette called on II. II. Ward one II
the counsel for the Bay State Gas Co.,
with reference to the publication in
the Morning News and other papers,
in regard to proceedings before Judge
Dallas Thursday, in Philadelphia, in
the matter of the motion to racate or
raIorm the subpoena duces teculn. which
demanded the production of all the
books of the company before the OK
aminer on Wednesday last, in Whining
ton. 1t Ia not true, AS stated in the
publication referred to, that Judge
Dallas denied tho motion of the de-
PENDANTS counsel. On tho contrary,
after hearing Senator Gray on the
motion, he suggested to counsel on
bnth sides course which, in sub.
stance, was precisely what the motion
submitted by tho defendants counsel
aimed at. The suggestion was that in
stead Of a hearing beforb tho examiner,
and production of all the books OF
the company, to be submitted 10 cuun.
sci for complainants, without restric
tion, Judge Dallas himself would hear
the testimony aud supervise the pro
duction of tho books. giving the de.
PENDANT the protection that they
sought, and all that they sought, in
much more efficient manner than
would have been done il the subpoena
had been reformed, as asked for by
defendants motion. 1t was never con-
tended for moment by defendant's
counsel, that tine books should not be
produced in court. But, on the pro-
auction of them, defendants asked the
protection of the Judge, and this the
Judge granted.
The motion before Judge Dallas did
not refer in anywise, directly or in
directly, to the Bubpmnas against a lee
and Ball, as stated in the publication,
and therefore the Judge did not and
could not have made any announcement
in regard to them.
Mr.. Ward says that he thought then.
and thinks now, that defendant OBJ.
tanned from Judge Dallas more than it
aimed for and everything That it de.
sired.
Eleven o'clock on Friday was the
time fixed for the examination of wit
nessaR in the case of Godfrey Morse of
Boston, Mass, and others against the
Bay State Gas Go. of Delaware. The
that time in the United States court
roum here before United States Com
missioner Smith, but shortly after that
hour the attorneys on both sides held
conference and reaehen an agreement
whereby no witnesses are to be ex-
amined BY Mr.. smith until after the
hooks Of the company have been pro-
duced before Judge Dallas in Philadel-
phia at date to be liked by Judge
Dallas. The arrangement: was agree
able to Commissioner Smith and the
case was postponed in the manner de-
Hcrihed. Tbs attorneys for the bay
State Co. agreed to produce the books
of the corporation before Judge Dallas
when he shall demand them. II il ex-
pected that the Judge will fix date
in few days
When the time arrived for the be-
ginning of the examination j. Frank
a lice of Dover, Newell Ball Of Bridge
vile and James g. Shaw of New Castle
we're present as witnesses. and inside
the railing were Senator George Gray
and II. Ii. Ward OF this city, repre-.
senting the Bay State Gas Co. George
l.. Crawford of Philadelphia, represent
ing the witnesses; ex Senator Higgins
and j. II. lIolTecker, DR., Of this city,
Samuel G. Dixon of Philadelphia and
Charles W. Bartlett and u. Il. Tower
of Boston, representing the complain,
ants. j.. Edward Addicks was not
present, neither was Secretary William
II. Miller of the Bay State Co., hut liz
is understood that they had been in-
formed what disposition was to be
made of the case and their attendance
at this time was unnecessary.
After the agreement had been reached
by the attorneys the witnesses were dis
charged until such time as they may
be wanted.