The Savannah morning news., 1902-03-23
CAUGHT Mr.. MORGAN
KING OF FINANCE sUBPOENAED AT
HIS HOME.
PROCESS SERVER WAS Willy.
GAINED ADMISSION To MORGAN
HOME BY A FABLE.

According to His Counsel Mr.. Nor
gan Was Badly Treated-Had Al
ready Agreed to Attend in the
Northern Pacific Hearing without
SuIamons-rhe Opposing COunseT
Says Mr.. Morgan Was Treated ms
Any other Citizen-Mr. Morgan
VIII Appear as n Witness This
Week.
New York, March 22.-Concerning
the service of a subpoena on ]. Pier
pont Morgan in the suit of Peter Pow
er against the Northern Pacific Rail-
road Company, Francis L. Stetson,
counsel for Mr.. Morgan to-day made
the following statement:
I'm several of the newspapers of this
morning have appeared items sug-
costing that the counsel representing
Mr.. Peter Power in his suit against
the Northern Pacific Railway Com
pany had found or anticipated some
difficulty in securing the attendance as
a witness of either Mr.. j. P. Morgan
or some member of his firm.
Amy such suggestion, whether or
not so intended, is in defiance of facts
and without any justification what
ever. Mr.. Perkins of the firm has al
ready appeared and been examined.
Mr.. Steele of the firm was ready to
appear yesterday afternoon at the
time appointed, but his examination
was postponed not at his request, but
at the request of Judge Lancaster for
the plaintiff
Yesterday afternoon Mr. Morgan re-
turned to the city, from which he had
been absent during the tendency of
these proceedings, of which he knew
nothing until on Thursday at Washing
ton. Immediately upon learning of the
desire for his examination he instruct
ed me to advise Mr.. Powers counsel
that he would attend at any time with
out subpoena. At once / so advised
the counsel who answered that this
would be entirely satisfactory, and ac-
cordingly we arranged for Mr.. Nor
gan's voluntary presence next week
Apparently because of the inability
of the counsel to reach his process. serv-
ers, for which miscarriage he has writ
ten to me expressing his regret, Mr..
Morgan was served last evening with
subpoena by a messenger, who obtained
admission to.his house upon the UNDER
standing of Mr.. Morgan that the mes
senger had come from any office-a
statement for which Mr.. Powers coun-
sci disclaims any responsibility and ex-
presses regret If any such statement
was made.
1T may be a matter of news, but it
hardly can be a matter of general sat
isfaction, that admission to the private
house of any gentleman should be OBJ
tanned, as stated in this mornings
papers, by ruse, which of course means
by deception. In any case such pro-
ceeding would be one for which reputa-
BILE counsel would naturally desire to
disclafm responsibility. In this case,
any such proceeding was Unnecessary"
Did Not Trust MIR. Morgan.
George A. Lamb, for Peter Power,
made the following statement tonight:
Il accept full responsibility for the
service made upon Mr.. Morgan, and
the manner in which it was made.
had full reason to believe that Mr..
Morgan would not willingly accept SER
vice. and in making service in the man
ner in which he did, the process server
employed by me merely fulfilled his
duty as a process server.
Until 4:36 o'clock yesterday after
noon l had received no notification
that Mr.. Morgan would voluntarily tes-
tify, but / had been led to believe that
he would not testify unless he was duly
subpoenaed. 1t is regrettable that
upon receipt OF this notification 1 was
unable to recall ali my subpoena serv-
ers, but do not agree with the con-
illusions reached by Mr.. Stetson. There
are no ethics about the service of a
process. When a lawyer gives a pro-
cess server paper to serve, it becomes
the duty of the process server to serve
the paper entrusted to him with the
least delay, and in any manner that
presents itself. It is perfectly justi-
fable for a process server to make
service in any manner and by any
means, and certainly will not repudi-
ate the act of a man who was en-
ployed by me and who sought to serve
me zealously."