The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-10
COMPLAINT DISMISSED
MAGIsTRA ATE ZELLER's IN
THE STEEL AND WIRE CASE.
Criminal Proceedings to BE Institut-
ed Against Chairman Gates-Wft-
ness Called Lawyer a Liar.

NEW 1Ohh, May 5.-At the nearing To-
day in the case of John w. Gates. chair
man of the board of directors of the Ameri-
can Steel and Wire Company, Robert r.
Armstrong, New York correspondent Of the
Chicago Record, was recalled to the stand.
He repeated his testimony OF Monday last
that Mr.. Gates. during his interview, spoke
of the steel and wire business in general,
and refused to talk of the affairs OF the
American Steel and Wire Company. The
complainant then offered in evidence the
interview with Mr.. Gates printed In the
Chicago Record April IL last. Magistrate
Heller would not admit the article as evil
dence. because the witness. Armstrong, had
not shown the article. as published, to Mr..
Gates.
President Lambert. of the American Steel
and Wire Company, was called. He was
asked If the report of the American Steel
and Wire Company which was put in EVIL
dence to-day was true. cit is true replied
Mr.. Lambert
Mr. Lamb then took the stand. He said
he was not in any way interested in the
American Steel and Wire Company. He
had had an interview with Washington
Seligman about making a complaint against
Mr.. Gates.
Who was your client when you applied
for a second summons for Mr.. Gates?"
asked Delaney Nicoll. counsel for Mr..
Gates.
whereupon Mr.. Nicoll said he wished to
the prosecution.
at want to say that you lie." shouted the
witness, who said he was pledged not to
divulge the name of his client. Mr.. Nicoll.
after recess, asked: us your complaint
based upon the report in the Herald or
Aprf IL" 49,.
mot on that alone said Mr.. Lamb, cit
was based also on other statements"
Magistrate Zeller tonight gave out his
decision, dismissing the complaint and dis
charging the defendant. He said: 1T APP
pears affirmatively that the witness, Arm
strong, a reporter of the Chicago Record,
interviewed the defendant on April 10 re-
garding the steel business in general. When
asked about the affairs of the American
Steel and Wire Company, the defendant de-
clined to discuss It. The statement was
never put In writing, never submitted TO
the defendant and could, therefore,, not be
concurred in by him, nor did 1t concern the
affairs of the defendants company. All the
reports in the various papers seemed TO
emanate from the interview of Armstrong
with the defenuant, ana MS testiInony ~
the only one upon which the complainant
relies. Whatever happened afterward is
not material. In my opinion there is no ev-
idence whatever to hold the defendant
After Magistrate Zeller's decision was
made known Mr.. Lamb had a conference
with the magistrate, and later made the
following statement: 81 will begin criminal
proceedings as soon as I have the COM
plaint out against Gates. The complaint
will be under Section 435 of the penal code,
which forbids the circulation of any story
which is calculated to injure a corporation
or depreciate its stock. This section does
not make 1T necessary for the defendant to
be a director in the corporation. This
is the same section under which prose-
cutions for manipulating the stock of the
Brooklyn Rapid Transit Company were
lately pushed"
Mr.. Lamb added that the complaint
would be ready tomorrow.
Chairman Gates and a number OF direc-
tors of the American Steel and Wire Com
pany met after the court proceedings.
There was a meeting of the executive COM
mittee. and various matters or routine
were discussed preliminary, as was gen.
orally believed, to Mr.. Gates's departure
for Europe.
Neither Chairman Gates nor Mr.. Pam,
general counsel for the company, nor any
other member of the board would speak or
the matters under discussion.