New-York tribune., 1902-07-26
POWER FAILS TO APPEAR.
HIS COUNSEL. AND MR.. STETSON HAVE
AN INTERESTING COLLOQUY IN
HIS ABSENCE

| HIS ABSENCE.
| AS had been generally expected Peter Power did
| not present himself yesterday for examination by
the attorneys for the defence in the long pending
/ suit OF Peter Power against the Northern Pacific
| Railway Company, but his legal adviser. George
| Alfred Lamb, came in his stead the Office OF
Francis Lynde Stetson. in which the examina ton
was to be held, and there ensued between him and
| Nj Stetson colloauy which for interest could
| hardly have been surpassed by Powers testimony
| If that young man had been sitting in the witness
chair in which the counsel for the railway company
have so long vainly desired lodge him for few
minutes. There was nothing approaching a scene
| as there was the other day when w. Bourke Cock
| ran shouted defiance at Mr.. Lamb when the latter
CARED him to answer certain questions regarding
J the Consolidated Gas Company litigation Mr. stet-
son. always suave and courteous in manner dis
/ played yesterday even than his usual urban
/ tty while haying Mr. Lamb with sarcastic compli-
| ment and biting criticism; while Mr. Lamb. whom
| nYectiye veiled or open cannot rufre unless he
chooses, was equally calm I'm manner although
obviously on the defensive and apparently discon-
certed at Mr. Stetson's final rejection Of his over
lures for postponement of the hearing beyond
| next Tuesday.
A subpoena had been served on Power on Thurs
day. citing him to appear and he examined next
Tuesday. Through verbal agreement with Mr.
Lamb and for his convenience the examination
was set for II o'clock yesterday al the office of
Mr.. stetson.
Twelve o'clock came but Mr.. Lamb and his client
did not appear. Mr.. Stetson and his associate in
the proceedings. William D. Guthrie were ON hand
with sydney c ormsby, a notary public before
whom, by permission OF the court the d.nosi,ton
| OF Peter Power be taken
Inc iaifure OF Power and his lawyer TO appear
was ou!y noted on the record. Mr Stetson and tbo
| notary had left the ROOM when Mr. Lamb br.sth
less and one-haif hour Jate rushed into the oface
| MI stetson, Mr. Guthrie and the notary retur,od
10 the library, In which the examination was TO
DE heid ana the notary, who is also stenoRra pher
took his seat at the long table in comnanv ,,,,,h
Mr.. I-amo and six or eight reporters: while Mr.
stetson and Mr.. Guthrie remained standing
Atter the record had been read to Mr. Lamb he
explained that he had teIephoned at five minutes
to L 10 advise Mr.. Stetson that he would no late
| IN arriving He asked that this be spread on the
| record Mr. Lamb also wanted IL noted thar NJ
rover mad not been properly served with the order
! " appeal ana that Mr. Lamb had no idea that tho
| hearing would be continued until after hts
return from Europe. whittier he intended TO sail
/ to-day. ~ ''
MI stetson replied that he had tried to do all in
! MS power TO suit the convenience of Mr. Lamb but
that he could not aequesce in his demand tbst ,ho
nearing De postponed until after the European trim
Air. Lamp explained that he wanted the suit SET
| tied at the September term of the court and ,ba+
any delay at the hearing would make that i'm
| possible. ' I'M
/ - want 70 argue this case myself In Minneapo-
! " eau mat IS my reason for wanting a
delay have not had a vacation in five voara
am iuch IN need OF one. and had looked forward
to this trip with great pleasure I can,ot e.. 49,.
~ can IN any way be 10 the detriment OF the de-
a'' ,S 10 nave this matter postponed 7 hope
you VIII not spoil my vacation. Mr. stetsor :.
MT Stetson remained obdurate He said no a,,
would be had with his consent ana ,ool -
casioh 10 remind Mr.. Lamb that he had spoiIed bs
CMr Stetsons) New Year holiday bv servIno, ht
T ~" papers IN these proceedings on New Years
Eve ana compelling him to go 10 Mnnsso,. -
| that time "esota at
give you fair notice. Mr.. Lamb" he said ...ra
| 49, %ts" any misunderstanding that If Won
| arnlto.t ppN.e your client on Tuesday I will mako
| dismissed" '"eSe proceedings
~, ",iiA II mas been entered on the roInutos =, -
| properly served" mas not been
- are you going to take that ground ?" asked NJ
| @ulhTle. who stood at Mr. Stetson.s a,ho., WI
| isS' sha Mr. Lamb who then descrihsd .L
| Ser"ce OF the papers on his client Mr. pouar
.tt @ uIe once IN my company yesterday, when
man stepped up TO him and asked Ts +h,. NJ,
Peterson" When Mr.. Power answarsa ' W. ~.
! negative the man handed him the papers WITH
some money, advised my client not to take the
papers which fell 70 the sidewalk
| How do you know then what tbare mo-. l., -,
| papers," asked Mr.. Guthrie " ~
On we have pretty good intelligence depsrt
ment In our office" retorted Mr. Lamb with .
smile. ~
Il had two witnesses who saw vour o,,o..
served" said Mr. stetson What Mr. Tsmh 81
is partly true. The papers fell TO the sidewalk ara
MI Lamb returned and picked them ND and the
money that went with them"
| 1 had a perfect right 10 do So I advised no,,
client that he need not consider that as service
| upon him of the order"
MI Lamb then renewed his request that the hear
| ing be postponed until after his return from En-
| rope, but Mr. Stetson declined consider it
| Well said Mr. Lamb II going to arpua
this case at Minneapolis If ! have to give nm
my trip to Europe"
Mr.. Lamb all this time turning over ,ba
pages of the printed book OF the testimony trvins,
| 10 find certain reference to Mr. Power Mr. stat
son assisted him in the search, and then read SOW
| Lamb, which tended 10 show that the latter had
| been inexcusably dilatory in producing Power He
started TO re8d letter from Mr.. Lambs associate
| counsel, bearing upon this point, when Mr. Lamb
| nterposed with remark implying that Mr. Stet
son had been guilty OF professional discourtesy in
| holding direct communication with Powers Mime
| sofa lawyers, instead Of communicating with them
| through Mr. Lamb himself.
| Mr.. Stetson with a show of warmth, proceeded IN
Justify position. explaining that the letter had
| been addressed by Mr.. Lambs associate to the
Northern Pacific attorneys in Minnesota and bv
them forwarded TO New-York.
| We'll. what do you say. Mr.. Lamb" asked Mr.
tuesday,
'I don't see why I should say anything" said
Mr.. Lamb. LAS said in my letter, Mr.. Stetson
law is war;
THAT is not my conception" responded Mr.. Stet-