The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1901-12-12
CARDWELL WITHDRAWS SUIT.


Albert NJ. OFT Of Independence. Mo-. before
whom depositions In the libel suit were
being taken. has been in st. Louis several
days. and was placed in the hands OF
Deputy Constable Neagle yesterday morn.
ing by James W. Walsh. brother OF At
torney Frank Walsh. Neasle and Walsh
called at the Excise Commissioners ONCE
shortly before noon, but Mr.. Seibert was
not in. and they went In search OF him.
They found him. In company with Joseph
Rice, a member OF the State Railroad and
Warehouse Commission, in 4 cafe opposite
the Planters Hotel.
Neagle told Mr.. Seibert he had an at
tachment for him. and Mr.. Seibert said:
every we'll: 1 am in your custody con.
structively. and will meet you at any houl
YOU appoint"
II will have to take you to Independence
tonight" said the Constable.
II won't go to Independence" said Sci
bert.
MIR. sEIBERr cOxsULTs
ATTORNEY MARTIN L. CLARDY.
II shall be compelled to take you there
said Neagle. Il don't want to cause you any
trouble. but must obey the instructions
in the WRIT
Mr.. Seibert suggested that he be allowed
to consult his attorney. Martin L Clardy.
attorney for the Missouri Pacific, before
giving his final decision. and Neasle con-
sented. The party repaired to Mr.. Clardy's
office, in the Equitable building and Mr..
Seibert and Mr.. Clardy had a private con-
ference. lasting an hour.
Mr.. Clardy advised Mr.. Seibert not to pay
any attention to the writ, and Immediately
prepared a petition for q writ of habeas
corpus. which he intended presenting to one
Of the Judges Of the st. Louis Court Of APP
peals. Mr.. Seibert then left the building. ac-
companied by the Constable and Mr.. Walsh.
While Mr.. Clardy was arranging to meet
one Of the Judges in chambers he was
called to the telephone by some one. whose
voice he did not recognise. who advised
him to proceed no further with the habeas
corpus case. He paid no attention to this
advice. but hastened over to the Court OF
Appeals with the petition. A few moments
after he reached there Attorney James ".
Walsh arrived and handed him a telegram.
brother. Frank. few minutes before at
ASAAS
". o. Cardwell, and read:
Have settled and dismissed suit. Act &C.
cordingly.-
HABEAS CORPUS SUIT
RENDERED UNNECESSARY.
Mr.. Walsh informed Mr.. Clardy that Mr..
Seibert had been released from custody by
was assured Of this he refrained from pre-
%
corpus.
The petition which Mr.. Clazdy intended to
present recites. among other reasons why
Mr.. Eeibert was wronsfully detained under
the writ OF attachment, that said writ Of
attachment or warrant was Illegally and
improperly issued. In this: That the cause
in which 1t is proposed to take petitioners
deposition II pending in the Circuit Court
OF Jackson County. Missouri; that the said
James n seibert Is a resident Of the city
OF st. Louis: that the said Albert NJ OFT
WaA At the time the writ was issued and
now II, q Notary Public within and for said
County Of Jackson. more than two hundred
and fifey CzsO miles distant from the said
city OF 81. Louis, and that Independence.
where It 10 proposed to compel petitioner to
appear for the purpose Of taking his depo-
sition. Il more than two hundred and fifty
(zO miles from the city Of st. Louis. the
place Of said J. n. Seibert's residence: that
the said Albert II. OFT. Notary Public. has
only jurisdiction to enforce the attendance
OF witnesses in the said County Of Jack
son. or in an adjoining county. within TWEEN
ty miles OF the place where it Is proposed to
take dep0sitions. and. therefore. said Al
bert II. OFT, Notary Public, had no author
fty in law to issue said writ or warrant.
and such writ or warrant is void"
DOUBT ABOUT REASON
KnR 0ERVrHWHS RvR1VRMRWWN
Mr.. Clardy. discussing the incident Of tbs
service OF the writ Of attachment on Mr..
6eibert, said:
Il don't clearly understand the end to be
gained by serving the writ on Mr.. seibert at
this time. unless It was for the purpose Of
humiliating him, or to convey the impres-
sion that the dismissal Of the suit. an
nounced twenty minutes after his arrest,
was In some measure the outcome Of his ar
rest. It appears improbable that Card
wells legal representative was not cog
INFANT Of the fact that the plaintiff intended
to dismiss the suit.
Mr. Seibert has been acting under my
advice since the notary threatened to issue
the writ Of attachment I advised him not
to 90 to Independence to give his deposition
The purpose OF having notaries take deposit
tions. n understand II, is to accommodate
witnesses living at a distance from the seat
travel great distances without apparent rea-
son. I question the authority Of the notary
at Independence to compel Mr.. Seibert's an
pearance before him"
ATTORNEY WALSH OFFERS
HIS EXPLANATIONS.
Frank p. Walsh. attorney for W. o. Card
well In the libel suit against Tho Republic.
was seen by reporter At tbs Union sta
ton as he was about to take tie train for
Kansas City. Being asked about the dis
missal OF the libel suit. he said that when
he left Kansas City. Tuesday, matters stood
~ they had from the beginning. He had
come here to look after the attachment
against J. n. 8eibert Yesterday he re-
cefved telegram from Mr.. Cardvell SAYING
that he had been offered n settlement Of the
case q sum ~ great a. tho amount which
Mr.. Walsh had advised him he would be
likely to get in Q verdict and that he was
inclined to settle.
Mr.. Walsh stated that he wired hack fn
hold things until he Walsh) could return to
Kansas City: that the attachment had been
Mr. 6efbert would b required to attend at
Later he received another
Dispatch from Mr.. CardWell. saying:
Il have settled and dismissed suit. Act
Thereupon Mr.. Walsh abandoned the at
proceedinga.
Mr.. Walsh stated that he had. a he re-
membered. advised Mr.. Cardwell that he
vas likely to get $4,000 In q verdict from the
Jury: He said he did not know what sum
had been In fact received by Mr.. Cardwell.
nor did he know who had paid It. He said
he had no Information with respect to the
sof the suit. except the telesra:ns
referred to. and that he had advised Mr.,
cardwen that he should In no event dismiss