Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1900-05-10


NEW YORK, May 9.-The hearing in
the case of John w. Gates, chairman
OF the board of directors of the Amer
team Steel & Wire Company, was
continued to-day to get more witnesses
for the prosecution.
Rooert 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 his interview spoke of
the steel and wire business in general
and refused to talk of the affirs of the
American Steel and Wire Company.
President Lambert, of the American
Steel & Wire Company, was called. He
was asked If the report of the American
Steel & Wire Company which was put in
evidence to-day was true.
1T is true" replied Mr. Lambert.
Mr.. Lamb then took the stand. He said
he was not in any way interested in the
American Steel & Wire Company. He said
he had an interview with Washington Sell
lyman about making a complaint against
Mr.. Gates.
WHO was your client when you applied
for second summons for Mr. Gates p"
asked De Lancey Nicoll. counsel for Mr.
Gates.
Objection was made to the question
whereupon Mr.. Nicoll said he wished to
prove that there was a conspiracy behind
the prosecution.
Il 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:
rs your complaint based upon the re-
port in the Herald of April 1T?"
Not on that alone, said Mr. Lamb, at
was based also upon other statements"
Magistrate Zeller tonight gave out his
decision dismissing the complaint and dis
charging the defendant
He said:
1T appears affirmatively that the wit
ness, Armstrong, was a reporter for the
Chicago Record, interviewed the defend
ant on April Is regarding the steel busi-
ness in general. When asked about the
affairs of the American Steel & Wire
Company he declined to discuss It, The
statement was never put in writing never
submitted to the defendant and could not
therefore be concurred in by him, nor did
it concern the affairs of the defendant S
company. All the reports in the various
papers seem to emanate from the inter-
view of Armstrong with the defendant
and his testimony is the only one upon
which the complainant relies. Whatever
happened afterward is not material, for
the defendant could not be held for a re-
port which is not in accordance with the
| witnesses testimony regarding the inter-
view.
"In my opinion there is no evidence
whatever to hold the defendant"
After Magistrate Zellers decision was
made known Mr. Lamb had a conference
with the magistrate and later made the
following statement:
Il will begin criminal proceedings as
soon as l can have the complaint made
out against Gates. The complaint will be
under section 1875 of the penal code which
forbids the circulation of any story which
is calculated to injure corporation or
depreciate it's stock. This section does
not make it necessary for the defendant
to be a director in the corporation. This
is the same section under which the pros
ecutions for manipulating the stock of the
Brooklyn Rapid Transit company were
recently pushed"
Mr.. Lamb was asked when he would
have the complaint ready.
1T will be ready tomorrow he said.