The Providence news. (Providence [R.I.]) 1891-1906, 1900-05-10
rsIIs Delaney Nca|I, Counsel for the
Respondent, That He Lies.
MAGISTRATE zElLsES DECISION.
Slatsm,nl Complal,si Of Was Nerer Pul IN wdl-
Ing ard Submftei 10 Gass tould No.
Therefore, Have Hesn (oncunsd in.

New York, May 10.-The complaint
against John w. Gates for alleged
violation OF section GIL of the Penal
Code was dismissed last evening by
Magistrate Zcller. 1t was claimed that
Mr.. Gates had concurred in a false
statement regarding the American Steel
and Wire company, disturbing the
stock.
Mr.. Lamb, complainant in the case,
said that he had not been able TO
reach the chief witnesses that he want
ed. Robert r. Armstrong. New York
correspondent of the Chicago Record.
was called to the stand. he repeated
his testimony OF Monday last that Mr..
Gates during mis- interview spoke OF
the steel ana wire business IN general
and refused to talk OF the affairs OF
the American Steel and Wire company.
The complainant then offered IN evi-
dence the interview with Mr.. Gates
printed in the Chicago Record on April
IL last Magistrate Zeller would not ad-
init the article as evidence, because
the witness had not shown the article
as published To MIR. Gates.
President Lambert of the American
He was asked If the report of the
American Steel and Wire company.
which was put i'm evidence was true.
''It is true" replied Mr. Lambert.
Between the 3lst of December, 1899.
and the 18th of April, 1900. what change
was there in the financial condition of
your company" was asked, but the
magistrate excluded the question:.
Mr.. Lamb then took the stand. He
said he was not in any way interested
in the American Steel and Wire COM
pany. He said he had had an inter-
view with Washington Seligman about
making complaint against Mr.. Gates.
who was your client when you ap-
piled for second summons for Mr.
Gates?'' asked Delaney Nicoll. counsel
for Mr. Gates.
objection was made 10 the question.
Mr. Nicoll said he wished TO prove
that there was a conspiracy behind the
prosecution.
II want TO say that you lie," shouted
the witness who said he was pledged
not to divulge the name Of his client.
Henry Seligman. brother of Washing
ton Seligman, asked that his brothers s
name be kept out of rhe hearing. Sdr.
Nicoll agreed to this request.
Mr.. Nicoll asked: lis your complaint
based upon the report in the Herald Of
April l7?"
mot ON that alone" said Mr.. Lamb.
sit was based also upon other state
ments."
Mr.. Lamb was excused and attorney
Hyams. for the plaintiff. moved for a
continuance Of the hearing until Mon
day.
Mr.. Hyams said that the complainant
expected to show that the articles In
the Herald and Chicago Record were
concurred in subsequently 10 publica-
ton, as well as the publication.
Mr. Nicoll objected TO delay.
Magistrate Zeller agreed TO read the
Testimony at once. and to give a deci-
sion in the case as soon as possible.
Last night Magistrate Zeller gave out
a decision in which he said:
1.-The alleged statement was never
placed i'm writing. never submitted to
the defendant. and could, therefore
NOT be concurred in by him, nor did II
concern the defendants company.
I'm my opinion there is no evidence
whatever TO hold the defendant under
section GIL of the Penal Code.
"The complaint. Is therefore, dis
missed and the defendant discharged
Mr.. Lamb announced that he would
serve Mr.. Gates with another complain
FOR violation OF section 435 of the Pena
Code which forbids the circulation o
any story calculated to injure a cor
poration or dcpreciate its stock. HI
said the service would be made in time
10 prevent MIR. Gates from sailing 70
Europe yesterday as he had planned.