The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-07-15
ETTTTssroy VIM Eor AysWnn
Ordered to Testify In his Chicago Gas suit,
Hs Refuses, By CounsaVa Advtcs.

Hs Refuses, By Counsara Advtcs.
James Duane Livingston. who has instituted
an action IN Chicago to set asida tho amalRa-
mariun Of the Peoples Gas Light and Coke
Company, the Equitable Gaa Lirhs and FlaI
Company anu the Chicago Gus Light and Coke
Company Of Chicago. was examined before a
commissioned yesterday ut ~ Wall street.
Since the suit vas instituted Livingston has
fought 10 avoid such an examination. but the
courts here ruled against MIN.
Livingston ID a young man, who &C present
owns dye bonds. valued at $1,000 each. Of saah
ons Ofthe three Chicago gas companies. The
lawyers for thu gas companies openly declared
IN court several dnys lgo chat the antion sAvorsd
very much of e sandbagging." and in their an
swar to the bill Of complaint which has lust
been died. they alleEs that Livingston IN the
tool ut ' malicious and designing PERSONA
James 3. Mangher ot Chicago and William q.
Sheehan Ut this city appeared for the Gas Gom-
panies yesterday. and L. L. Deiaield for Liv-
tngston. Livingston said he lived at Whita-
stone. L. l.. and had been in the employ Of the
North American. Trust Company sincs April I
Inst. He refused 10 say where he was employed
previous TO that. and on the advice Of his doun-
sci declined 20 tell how long ne had owned the
nfteen bonds, how long he expected 70 own
them, and whether he had ever collected any
interest on his holdings.
Did you own these bonds prior 30 the cnm-
mgnSement Of snis ACTION ~
"pidyo collect tho interest duo IN TuryL
lRst p
Did y0u purchase tho oondl OF Tho three
companies all ar the same time p
retlBe TO answer"
How much lid you pay for the bonds
II rnf1se 70 answer. by advice Of counsel"
Mr.. Delateld oblautsd to the witness being
asked from whom he boughc his bonds on the
ground that e was no ones business. He was
overrtled AMI then advised ths witness not TO
Wei. where did you buy them ~ asked M
BY advice Of counsel I decline TO answsr."
Did you pay for them with your own
Same answer
".ptd you borrow che. money 70 pay for tnsmF'
Il refuse 20 answer"
Where ara tha bonds nowP"
still own them. but decline 20 say vhsro
Did you make any arrangements With some
body else before bringing this suit2'
Az LAWYER pela1eluS order LIylngsSon re-
whether ne had an arrangement with soma-
body else 70 protect him IN 1ase OF loHB or COSTS
his counsel in ChIcago are. but admitted thnt
when he went co Chicago TO bring the suit he
Asked whether the bill Of aompInint was
drawn before he got 70 Chicago, ne
"rhaEs queer" said NJ. MeaGher. You
we're there only tvanty-t9ur hours and this
COMPLAINT Is made NJ ?fl3t typewr;tteH pages.
suon. did You 60 90 the lawyers representing
you IN Chicago On che advice OF some enc in
New York ?"
"On the advice Of lounsei 7 refuse to answer. -
Livingston made shlH response 20 AL tho
other questions put 70 him. and when Lawyer
MeaGher vas through he turned TO the Com
missioner and aaid
This Witness has declined 70 answar everT
pertinent question put 60 him. ask you to
order hun 70 answer"
II order YOU 20 answer these questions. said
the Commissioner.
= tire9T YOU not to answer any Of them.
said Mr. palaleid.
Mr., Mengher and Mr. sheehan demanded
chat Livingston 20 cpmm Itred for ooptempt 70
The Ludlow street Jail. Mr.. DeladelG read
opinions 20 show t1ar the Commissioned had
no right 60 commit a man 70 Jail and threat
ened 10 huld the commissioner personally re-
spOIsibie II he took such action. The Commits
SiOner. who was 1 court 5tencBrnpner. adj
IOurned the case unit 10 O'Clock thts morning.
so AZ 70 look up MS powers IN the matter.
Just before ADJOURNMENT Mr.. MeaXner put
two more questions 20 the witness He asked
him whether he owned che bonds Of tho Eas
companies prior 20 April l last. when 40 en-
tered The employ II the North American Trust
Company. and whether he had ever collected
any interest on them. Although directad 70
answer by the Commissioned, Livingston de-
Cltueu On advice OF MS counsel.