The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-08
DID NOT "PUMP" COL. HAY
UNUSUAL PROCEEDINGS AT THE
STATE DEPARTMENT.
Effort of a Newspapers Counsel TO
Secure Information That Is
Regarded as Secret.

WASHINGTON, Dec. There was an
interesting and unusual proceeding to-day
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 a New York
newspaper by Carl Fischer Hansen, a Dan
ish banker resident OF New York. and in
ii is involved Captain Dirkfeldt Christmas
These persons were said TO be interested
as agents in the attempt to sell the DAN
ish West Indian islands to the United
States government and the publication
which forms the basis Of the libel suit
is said to have reflected upon their COM
potency.
Some days ago Secretary Hay noticed
that his testimony had been called for
by the defense before the New York State
Court and this morning Mr.. Clarence j.
Sheran, counsel for the newspaper in ques-
ton, appeared at the State Department
with United States Commissioner Black
istone, Of this city. and a stenographer.
Robertson Honey. of New York. appeared
as counsel for Hansen The parties were
received by Secretary Hay in the diplo-
matte room, the secretary being accom-
panied by Judge Penheld, solicitor of the
State Department, as his counsel
The examination did not last long. In
fact, there was no examination in sub
stance. The counsel for the newspaper
attempted TO PROFOUND some questions
touching the negotiati ations that had pro-
ceeded between the Danish agents in 1899
1900. The secretary fatty refused to an
swer these and through Judge Penfield an
nounced his reason for doing to be that
he had no personal knowledge of the mat
ters at issue. Whatever knowledge he
possessed had been acquired in the capac-
tty of secretary of state and not as an
individual. Moreover the information
munication 10 the government of the United
States. and TO make this public would
be highly prejudicial to the interests of
Having formally noted the secretary's
refusal 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 having the secretary of state brought
before that court on a charge of contempt.
Ii appears that the same parties have
examined sought to examine Senator
Lodge and Admiral Bradford chief Of the
Equipment Bureau of the Navy Depart-
ment. who had much TO do with the ne
gotiations looking to the acquisition of
cOaling stations by the United States gov
ernment. 1t is gathered that neither OF
these witnesses gave any testimony mater
lal to the suit, Senator Lodge, il is said.
never having heard of Hansen, and Admi-
raj Bradford being acquainted with none
of the facts sought to be developed by the
defense as bearing upon the alleged libel
Secretary Hay 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 Washing
ton, 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 1t in a controversy that arose between
President Jefferson and Chief Justice Mar
shall over a similar application for a man
damuS.