Evening star., 1901-12-07
Attempt to Compel Attendance of
Secretary Hay.
REGARDING DANISH NEGOTIATIONS
Flatly Refused to Answer the
Questions.
A NOVEL EEDING

There was an interesting and unusual
| proceeding today in the State Department,
when attorneys representing parties to a
| new YORK law suit sought to compel the
| testimony of Secretary Hay. The case was
an action for libel brought against the New
| York Journal under the name of the Star
| Publishing Company, by Carl Fisher Han
sen, Danish banker, resident in New York,
and in Ii is involved Capt. Dirkfeldt Christ
mas. These persons were interested, as
agents, in the attempt to sell the Danish
West Indian Islands to the United States
government. and the publication which
| forms the basis OF libel suit is said TO
have reflected upon their competency.
| Some days ago Secretary Hay had notice
that his testimony had been called for by
the defense before the New York state
court, and this morning Mr.. Clarence ].
Shearn, counsel for the Star Publishing
Company, appeared at the State Depart
ment with United States Commissioner
Frank Blackstone OF this city and a ste
nographer Robertson Honey of New York
appeared as counsel for Hansen. The par
ties were received by Secretary HAY in the
diplomatic room, the Secretary being ac-
companied by Judge Penfield, solicitor CT
the state Department, as his counsel
The Secretary Refused to Answer.
The examination did not last long: In
fact, there was no examination in SUBJ
| stance. Counsel for the Star Company at
tempted to PROFOUND some questions touch
ing the negotiations that had occurred be-
tween Secretary Hay and the Danish
agents in 1S99-1g0O.
The Secretary fatty refused to answer
these, and through Judge Penfield an
ncunced his reasons for so doing to be
that he had no personal knowledge of the
matters at issue. Whatever knowledge he
had had been acquired in his capacity of
Secretary of State and not an indi-
vidual Moreover. the information sought
to be elected was a privileged communica-
tion to the government of the United States
and to make this public would be highly
prejudicial to the interests of the country.
Purpose to Compel Appearance.
Having formally noted the Secretary's re-
fusal and the character of his answer the
commissioner and counsel withdrew. II
is their purpose to state the facts to the
New York state court with a view to hav-
ing the Secretary of State brought before
that court on a charge of contempt.
1t appears that the same parties have ex-
amined, sought to examine. Senator
Lodge and Admiral Bradford. chief of the
equipment bureau of the Navy Depart
ment, who has had much to do with the
negotiations looking to the acquisition of
coaling stations by the United States gov
ernment. 1t is gathered that neither OF
these witnesses gave any testimony ma
terial to the suit, Senator Lodge never hav-
ing heard of Hansen, and Admiral Brad
ford being acquainted with none of the facts
sought to be developed by the defense as
bearing upon the alleged libel
Secretary Hays Connection with the
Case.
Secretary Hay himself has had very little
to do with the parties in this case. He saw
Captain Christmas for about five minutes
on the occasion of the officers visit to
Washington, in the winter of 1900, but Mr.
Hansen he does not know.
The officials of the State Department feel
secure in their position of resistance to the
courts order, finding strong precedent for
it in a controversy that arose between
President Jefferson and Chief Justice Mar
shall over a similar application for a man
damuS many years ago.