The San Francisco call., 1898-02-03

"our business" and otherwise referring to the firm as a plurality.
 You say you are s. E. Slade & Co. yourself; what do you mean by we and 'our?'" asked Judge Cope.
 The witness thought 1t sounded bet ter. For the same euphonious reason he had adopted the title of s. E. Shade & Co.
 Counsel for the Paraffine Company then called Shade off the stand to at tend an examination of the books. The latter were almost under the hand Of G. F. Wright, Shades attorney, who rose to his feet at the corner of the. jury box nearest the witness. When MT. Sullivan started to turn the leaves of the first book he took up Slade, acting under the advice of MT. Wright, stopped him. The following legal cross- fire resulted:
 book you won't let me look at on this page? was looking at a page and he covered 1t up.
 George T. Wright-If your Honor please, 1t might be appropriate to sug- gest at this stage of the examination of the witness that l appear here to repre- sent MT. Slade. The witness is summoned here and, of course, he occupies dual capacity. First, there Is the duty he owes to the court to tell such facts IS may be pertinent and material to this
 
 is due and owing to him to preserve his business secrets from the prying eyes of a business rival. So that MT. Shades po sition in this matter may not be misunder- stood in any direction, l will say that MT. Slade is here and Is perfectly willing that your Honor shall look over every page of the books which he has produced here in evidence. Not only that, but he Is willing to submit to you any scrap of paper or any document which he has in his office, whether 1t Is correspondence of a business nature or of a private or fam fly nature. But he certainly insists upon his right here in the production of his books, to his claim to consider inviolate his transactions with other people than the Board of State Harbor Commission CTS. He is perfectly willing to exhibit to counsel any scrap of those books which throws any light on the dealings with the Board of State Harbor Commission CTS, but he insists that counsel here have not the right of an inquisitorial nature, under the mask of a subpoena duceS te- cum, to go into his private accounts and reveal his private business transactions. If your Honor will indulge a few refer enceS-
 The court-There is no doubt about that It is not necessary to cite any authorities. But this is not production of books for examination by business rival; this Is a production of books for the counsel on one side of the case. to examine with re- spect to matters under inquiry. This in- quiry is not intended to be and cannot be, in fact, an exposure of the business secrets of MT. Slade to business rivals Mir. Slade has submitted to the court his books; he Is here in obedience to a subpoena, and the books under his charge are being examined by counsel, and not by business rival. There Is no risk of exposure of business secrets. The counsel will not be permitted to inquire or examine into business se- crets that are not relevant to the inquiry here, but merely as touching the facts that do relate to this inquiry. If it is necessary to make any exclusion from the courtroom, you can have that exclusion, If you are afraid that the secrets of his books will be exposed to ears that are hostile But there is no intention so far revealed on the part of counsel for the plaintiff to examine further than the issues of this case may fairly warrant and certainly none will be granted
 MT. Wright-If your Honor please, I have case here that seems to throw some light upon the question. I must confess that found considerable embarrassment in finding so little in the law on the rights of witness under a subpoena duces tecum
 Mir. Sullivan-Before counsel proceeds to any argument, l suggest that 1t is a very unusual proceeding for a witness subpenaed in case, to appear in court with an attorney to represent the witness. That is certainly an anomalous proceed ing. Witnesses are not entitled to appear in court and state their objections through counsel. The only counsel in this case authorized to speak under the law are the counsel for the plaintiff and the counsel for the defendants. If during the course of the examination of the witness improper questions are asked 1t is the duty of counsel representing the defend ants to make the proper objections Those objections may be made by counsel rep other. It is our duty then to answer those objections. If your Honor would allow one witness to appear in court ac- companied by an attorney every witness in case can come in here with an attor- ney.
 The Court-I think the statement of Mir. Wright Is sufficient. I am entirely satisfied that it was made in the proper