New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-07-30
THIS TIME POWER rs ILL.
FAILS TO APPEAR AGAIN AND LAW
YERS HAVE A HOT wRANGLE.

The habit of lodging examination seemed
yesterday to have become confirmed in the case
of Peter Power. the mysterious PLAINTIFF in the
suit against the directors of the Northern Pa
cifc Railway Company to prevent the merger
with the Northern Securities Company On ac-
count of three subpenas served by Pinkerton
detectives upon Mr.. Power, the attorneys for
the Northern Pacific directors thought yesterday
morning that his attendance for an examina-
ton set for IL a. m. in the office of Francis
Lynde Stetson at No. IL Broad-st had been
assured. Mr. Power failed to appear however.
and George Alfred Lamb. his attorney, had a
stormy time with opposing lawyers before the
examination adjourned again
Mr.. Lamb appeared with large assortment of
objections. and with a certificate signed by DIR.
Richard F. Burke. a physician of Lexington
ave. stating that Mr.. Power was i'll with
nervous irritability of the heart and intermit-
tent fever" Richard A Mabie, the special ex-
aminer, was present TO preside at the examina-
ton, and Mr.. Stetson supported by William
D. Guthrie and F. B. Kellogg. The proceedings
began with a call for Mr.. Power Then Mr.
Lamb astonished Mr. Stetson by saying he
understood Mr.. Stetson had offered apologies
for something he had said last Friday, after the
failure of Mr.. Power to appear.
Apologies gasped Mr.. Stetson. 81 made no
apologies to you
Mr.. Lamb, not in the least disconnected. de-
clared he wanted another apology, because three
''ruffians' from Mr.. Stetson's office had
saulted his wife and daughter. After watching
the effect of this announcement he proceeded;
On Friday last I went to luncheon with Mrs.
Lamb. who with my daughter. was passing
asked him after luncheon to take Mrs. Lamb TO
me- 6e pushed M ef LAMBS & on 6
street and persisted In pinnng notices to Mr. POW
was terrified by the action Of these men. and my
wife badly frightened. I must ask. Mr. stetson.
and Withdraw your remarks about the method of
service upon Mr. Morgan.
Mr.. Stetson said the men who served the sub
penas were Pinkerton men. AS to the ser
vice of subpoena upon Mr.. Morgan recently.
he said he had understood that his name was
used by Mr.. Lamb in securing admission to Mr.
Morgan's house
Il make no apologies and Withdrawals"
said Mr.. Stetson. and he again called for the
production of Mr.. Power.
Before we produce him. said Mr.. Lamb,
''let US see If he has been legally served And
here let me say that Mr.. Power is entirely will
ing TO come here"
Then Mr.. Lamb went into long criticism OF
the three subpoenas and of their force. He
declared that If one had been binding there was
no necessity for three. He said his convenience
had not been consulted in fixing time and place
for the examination, and he read from the
courts order for the examination in an attempt
to show that The convenience of a witness and
his attorney should be consulted
Il ask you. Mr.. Stetson. why the terms of the
order have not been complied WITH" he said.
''I have no answer" said Mr.. Stetson.
I'VE have no answer" said Mr.. Guthrie. save
that you have played fast and loose with Mr.
Stetson in regard to the production of Peter
Power. You agreed TO produce him on a certain
day last week, but you failed TO keep your
promise"
That is as you understand it." said Mr..
Lamb. soothingly.
That is the fact" snapped Mr.. Guthrie.
Mr.. Lamb then said he had been informed that
Mr. Stetson had received a communication from
Western counsel employed by Mr.. Power, and
he wanted 10 know about it,
Mr.. Stetson said Mr.. kellogg had received a
letter from one OF the attorneys OF record
In the case.
Mr. Lamb said he wanted information, be-
he might discharge the attorney who
sent the communication.
They attorneys equally with you." said
Mr.. Stetson. Their names appear on the origi-
nal statement"
Whose name appears frst?' asked Mr..
Lamb. with a look OF triumph;
oh said Mr.. Stetson. with a sheer at Mr..
Lamb "'Abou Ben Adhem's name led all the
rest"
Who's that?" asked Mr.. Lamb
Another Arab" said Mr.. Stetson. and for
the first time in the wrangle there was ripple
of laughter in the room.
Mr.. Lamb said he objected to the examina-
ton Of Mr.. Power in the Office of Mr.. Stetson.
Il object he said. Ito the way in which
was pointed out 10 detectives here last Friday in
order that they might shadow me when left
here
II ordered that" said Mr. Guthrie. because
thought your client was evading service. Have
you finiShed?"
Il am entitled to finish in my own time"
of course; we can't muzzle you"
u-iGh yOttfd f-xr-- 10 but hofo
/ get through may say some unpleasant things"
The wrangle went on some time. Mr.. Lamb
again referring to the alleged irregularity of
service upon Mr.. Power Then he produced the
certificate of DIR. Burke Mr.. Stetson and Mr..
Guthrie said the simple certificate was not suf-
fcient to excuse Mr.. Power. Mr.. Lamb said they
might call DIR. Burke a witness. After more
discussion Mr.. Mabie ordered adjournment
10 Friday at IL. a. m In the clerks room OF the
United States District Court in the Federal
Building.