Marietta daily leader. (Marietta, Ohio) 1895-1906, 1899-02-23
MONNE ETTlN A PINCH
Ills Attempts to Force Matters in
Standard Oil Suit Was a Failure.

Columbus, o., Feb. 21.--Virgil r.
Kline and Lawrence T. Neal, attorneys
for the Standard Oil Company, forced
the hand of Attorney General Monnett
today and succeeded in bringing to a
direct issue before the Supreme Court
the question of the Attorney Generals
power to ignore. as he has determined
to do, the duly appointed Master Com
missioner in the contempt proceedings
case, Mr.. Allen T. Brlnsmade, OF Cleve-
land.
The Attorney General says he is
convinced he can not secure evidence
of value so long as dispositions are
taken under Brlnsmaie's auspices,
and he determined to complete the taxi
ing OF such depositions as he wants
before Notaries, substituting local
Notary for the Master Commissioner.
This he tried to do today. The
Standards lawyers set out to block
this game, which is tantamount to an
admission that they prefer Brlns-
made to the general run of Notaries
Public. In order to bring things to a
head it was necessary to have some
witness get himself Jailed for contempt
which would bring to an issue the
question of the right of Notaries to
punish contempt in this case, and il
Notaries can't punish, and Brinsmade
won't, the Attorney General will be
blocked.
The witness chosen to bear the brunt
of this issue Of contumacy was the on
ly one examined today. Mr.. Malcomb
jennings, of the Jennings Bureau and
Advertising Agency.
Mr.. Jennings duly declined to ans
wer a certain question and was order
ed by the Notary, w. l.. Merwine, to
JAIL pending contumacy, and on pre-
sentation of a petition for writ of ha-
beas corpus the Supreme Court declar.
ed the witness must consider himself
technically in custody, but in really or
parole until next Thursday, when the
whole matter is to be passed upon. Ii
the hearing today the Attorney Gen
eral and M. E. B. Klnkead, for the
state, summoned Mr.. Jennings before
the Notary, w. l.. Merwine, to make
his deposition, which was to be useC
both in the Standard contempt pro
ceedings and the custer suit afainst tn,
Buckeye Pipe Line Company. The at
sorneys for both sides argued for ant
against the right of the Notary 20 tax,
testimony in the case.
Mr.. Kline objected to taking of an!
testimony affecting the Standard Oi
Campany before the Notary and claim
ed that the order of the Suprem,
\ Court in appointing Allen T. Brins
made, of Cleveland,as Master Commits
sioner, prevented the Attorney Genera
from taxing any testimony before any
one except the Commissioner. Mr.
Monnett retorted that the order of the
Supreme Court could not change the
| law III IlS east. Tie Sdlu pudl MI
Kline had named the Master Commits
sioner and referred to Mr.. BrinsmadI
rs your Commissioner" Mr.. Kline
denied the imputation.
Mr.. Jennings testified that he was
interested in an agency known as thu
Jennings Bureau and Advertising
Agency; that he had an agreement t.
supply certain papers of the State will
matter regarding the Standard Oh
,es; that this agreement was with Mr.
Henry Apthrop, of L-eveland, and tha
Mr.. Apthorp paid the bills. He denied
chat he had caused to be printed Of
written articles rejecting upon the At
Corney General, the supreme Cour. OF
in any way intended ito influence thu
conduct of the Court in relation to the
pending case.
Witness identified a copy of a con
tract drawn from the Xenia Herald
lie refused, however, to furnish the
names of all the papers with which ht
mad contracts. He based his refusal
so far as the Buckeye Pipe Line cast
was concerned, on the irrevelancy Of
the testimony, and its being an injury
ito his business to furnish it; and, 81
far as the Standard case was concerned
On the claim that he could not be com
pelled to testify before a notary.
This passage-at-arms was:
Have you contract, a duplicate o.
The one you have identified, so far al
printed matter is concerned, with any
one of the Cleveland papers, or othel
papers circulating in the State of Ohio
and if so, give the names of those pa
pers."
II have contracts made upon blanks
similar to the one presented by the At
torney General, with number of pap
5rs in Ohio, but, for the reason hereto
fore stated, l decline to give theil
names"
Thereupon, Notary Merwine ordered
Jennings jailed for contempt, and is
sued the order of commitment to Con
stable A. E. Thomas. By arrange
ment, which the witness did not op
| pose he was nOt taken To iaiI I'm