The sun. [volume] (New York [N.Y.]) 1833-1916, 1901-10-04
SUBPOENA FOR n. h. ROGERS.
YOuNG LAWYER stTS NJ SERVED
1T AND .CHtRGEs CONTEMPT.
served u an n Sachtsmsn Who boarded
the kanawha and wouidn't Take u
Bart. Though Advised To Serve the
Highi Person Court Calls for Rogers.

Judge Iacombe 81 The United States
Circuit Coutt yesterday signed nm order
directing Henry n Rogers 81 tho Standard
oil Company and the United States Steel
Corporation 10 appear lafore him next
Tuesday and show cause why he should
not h. punished for contempt In rcfusin q
Ia otey n Hibp,rna A mhss 81 afidn Wits
was presented 20 induce the Judge TO sign
the order. The whole proceedings hang
on the question whether or not n Young
lawyer served OF did not scr We q subppna
on Mr. Rogers.
The attempt 10 Get Mr. Rogers 10 court
aruse out 81 an alleged desire To get testi-
mony from him In q suit now pending
IN the United States Circuit Court In MasSa
chu~etta IN which J Edward Addicks ~
Delaware and tire Bay State Gas Company
j. complainant. and the Boston las Com
pany and the Massachusetts, Pipe Line
Gas Company are co-defendants
. Judge Francis lowell 81 tho United
States Court in Massachusetts,. in NAV
hast appointed Benjamin Barker 81 this
city To take tho testimony % Mr. Rogers
and William Rockefeller. Addicks insisting
that their testimony was necessary to help
him establish his case. and on May 10 Judge
lacombo issued n subpoena for Messrs
Rogers and Rockefeller. rcturnablo on
MAY p. and three other subpnnas were
issued later. hut were not served james
II. Warner, Addick'- counsel. alleges that
he hired detectives. but they couldn't
mako the eervico on Mr.. Rogers No
attempt was made Ia serve Mr. Rookie
Teller Finally, on Aug ~. Judge la
connie for the fifth time ordered subppnas
issued and they were made returnAble on
sept 20 Oscar Wagner. n young lawyer
In Mr.. Warmers once, took tho subpoena
directed 90 Mr. Rogers this time and with a
little Photograph of Mr.. Rogers TO help
him started on the trail
This IN Wagucr's story as related In his
afidavi'- On tho afternoon OF Aug ~
hc spicd Mr. Rogers's yacht kanawha pro-
cooling down East River toward the Bat
terry with "A hlu" absent pennant fying
lie lad found out previously that Mr.
HIgprS was accustomed 20 embark on
the yacht from the New York Yacht Clubs
landing at the Battery almost every after
noon lie hurried Ia the landing and
rtw a laupch from the Kanawha come
ashore After a moments wait two men
preceded by a servant with n satchel
stepped on Co the landing and started toward
the launch. Wagner waited until they
had passed hin and then. called oh, Mr..
Rogers lie says that tho elder 81 the
two men turned and waited for him.
Il have - mething here for you Wagner
alleges hH said, and handed over Ga. sub-
pnsrna slip and the regulation fee Of 81 50
You want to serve the right person.
replied the mar he addrcssed and handed
the paper aud money hack. Then he took
his sat ~ the launch.
Wagner asserts that he remarked: 'You
can hand this hack. Mr. Rogers, hut you
hro snrved " and that h" dropped the sub
pl,fA into the hunch at the feet 81 "a"
man he had served. Wagner alleges that
as -pon rs the pasaengers had boarded
the Yacht. the absent pennant was
hauled down. He alleges that on Sept
? be- saw tho man he had served board
the Yacht and again he saw the hlu"
I~rnnant hauled down, He spent much
lime In hanging ahout tho Standard Oil
Building In Broadway and one day rode
up In the elevator with a mar like the yachts
maj be had seen
who was tha,'- he SAYS he enquired Of
the elevator man and the reply was. Mr..
Rogers
On Sep, 20. the day -, for the return Of
the subpoena. their appeared for Mr. Rogers
Lawyer Charles II Knox. h said he
didn't represent MIR Rogers. but APP
IL the method 81 the service Of the subppna
and also the right 81 tho oomplainant's
counsel, to insist on Mr.. Rogcrs's presence,
exhibiting letters from Addicks instructing
MIR Warner not TO proved with the exam
nation 81 Mr. Rogers and excusing HIM
from tcstifying Examiner Barker adj
iourned the hearing and then everybody
concerned Joined In making the afidavits
presented 20 Judge lacombc