New-York tribune., 1900-05-30
MORSE'S COUNTER MOVE.
SEEKS ORDER TO HAVE PROCEEDINGS
VACATED
REFEREE NUssBAUrs HEARING AD-
JOURNED TO FRIDAY. THOUGH TRUST
ASKED LONGER DELAY

JoURNED TO FRIDAY. THOUGH TRUST
ASKED LONGER DELAY
e-sr ru-suing The shifty and evasive tactics
- vh5rh they are seeking to delay the inev-
t+.nle moment when they VIII be compelled by
--,,ess Of law TO allow public light TO penetrate
.-asr 5oings and scheming. officials Of the Amer
s, Ice Company once more succeeded yester-
s.,- in stsvtug of investigation into their meth
,5s Ex-Stste Senator Myer Nussbaum of Al
bany. who OF Monday was appointed referee TO
rske testimony in the proceedings which have
been brought 20 auuul the company's certificate
n do business IN this State. held q hearing yes
terday afternoon in the Mutual Life Building.
Earlier IN the day Charles W. Morse president
~ the Ice Trust had been served with sub
rana requiring him to produce all the books
and papers that bear upon the Issue Of the al
eyed unlawful agreement in the restraint of
trade Efforts were also made to subpoena Rob
ert A Scott, secretary OF the company. and
William 4 Gelshenen. president Of the Garfield
National Bank Mr. Scott could not attend be-
cause Of sickness, and Mr.. Gelshenen's where
ahouts could not be discovered.
Immediately after Mr.. Morse had been served
with subpoena application was made bv his
attorneys 70 Justice Andrews for an order n
show cause why the proceedings should NOT he
vacated The order was signed and made re-
t1rnabIe on June :. Armed with this order the
lawyers for the trust officials appeared before
NJ Nussbaum In the afternoon and asked for
an adjournment until June 6. Ultimately the
referee granted an adjournment so far as Mr.
Morse was concerned, until Friday.
Judge Edward P Coyne appeared ror A++or-
ney-GeneraI Davies. The Acknowledgement was
also present, however as was Benjamin f. Elm
stein the attorney for William r Hearst, upon
whose petition action against the Ice Trust was
Instituted By the State. At 230 o'clock. the
hour set for the hearing. Mr- Morse was not
present, but William H. Rand. tr.. a member of
the law firm Of DAILY. Eoyt & Mason. applied on
behalf Of M. Morse 10 have the proceedings ad-
5oUrned- He urged that it would be only proper
for Mr- Morse's examination TO be postponed
until after The order granted by Justice Andrews
had been returned
Judge COyne objected 10 so long deIav
Vhereupon Mr.. Rand observed that the subpoena
had not been served upon Nj Morse until II
G. II, and cOntended that such short notice was
much in the nature OF rajlroading The fact
that the adjournment was opposed he added
showed the attitude OF the Acknowledgements
Office
Thereupon Judge Coyne said he would not
discuss the question OF adjournment until Mr.
Morse appeared AIr- Rand replied that the Ice
Trust president cH his way to the hearing
but al 3 o'clock he vas still absent After soma
time longer Judge Coyne asked the referee TO
can Nj Morse's name and 70 have his default
noted on the sten Ographer's minutes. Mr. Rand
begged that MI Morse be allowed to have ''rea-
Eonable time 10 arrive at the hearing bur Al
torney-GeneraI Davies who had grown iuDa-
uent az the delay, supported Judge Coyne's ap-
pication, explaining that he did not propose TO
wait al day 70 suit Mr.. Morse's convenience
The name Of Nj Morse had been called and
his nOn-attendance noted. when he entered the
room, seounPanied by David Wilcox his coun-
sci The Halter also asked for an adjournment
until June 8.
Judge coyne, IN pointing cut that there was
no reason why the proceedings should be de-
lsyed-- declared that all that required OF
Mr- Morse was the production OF the books and
papers Of The American Ice Company Il ask
you whether you have produced those books and
papers" ne said turning TO Mr Morse.
II was evident that unless Mr.. Morse had the
books and papers" q the Ice Trust slowed
away SOuleW here in MS coat pockets he had not
brought them with him. A whispered conference
ensued between the trust president and his
counsel and at the end Of about ten minutes
Mr.. Wilcox rose and said
Mr.. Morse has not got the papers with him
at this moment. but il il is determined that he
papers named IN this order do not exist
Then what papers viii you produce" Judge
Coyne asked.
You viii find out when you examine the wit
ness" was Mr.. Wncox's answer.
While suggesting that adjournment should
not be beyond Friday, Judge Coyne remarked:
These people are selling ice in such a way
10 extorC money from the poor people Of this
city. ard II is necessary that relief should come
as quickly as possible"
Finally the examination was adjourned until
Friday al Il O'Clock
A hearing for the examination OF Messrs. Scott
and GeIshenen viii be held at II o'clock to-mor
Ex-Presi6ent Cleveland. who returned yester-
day from a cruise in Southern waters on E G.
Reuedict's yacht. the Oneida. declared that he
was glad they were after the Ice Trust