New-York tribune., 1902-08-07
lamb TOLD TO EXPLAIN
ORDER ISSUED TO COMMIT PETER
POWER TO MARSHAL
r.svvFR MUST SHOW WHY HE SHOULD NOT
RE SUSPENDED OR ADMoNIsHED FOR
ALLEGED UNPRoFEssIoNAL
CONDUCT


CONDUCT
The elusive Peter Power. the mysterious
.n,aiutiT in the suit 10 prevent the merging VI
the Northern Pacific and other rallfoad colii-
nan,es into the Northern Securities Company
was adiudged TO be in contempt yesterday py
lIudge Iscoube in the United States Circuit
f-ourt An order TO commit him TO the custody
o7 the United States Marshal for thirty days
was issued but he had disappeared George
Alfred Lamb. his attorney, was ordered TO make
q personaI explanation to Judge Lacombe early
in October. The lawyer is to show cause WHY
he should not be suspended or admonlshed lot
alleged unprofessional conduct IN helping MI
Power to go away protracted honeymoon
when ne was wanted witness III MS own
suit.
Before the hearing in the contempt proceed
ings began Yesterday it known that MI
Power had fed from the summer resort at west
Hurley N y driving away in buggy Win
his bride of week over lonely mountain road
and eluding the pursuit of several detectives III
the pay of the railroad company. w u Huln-
,rie one OF the railroad company's attorneys
said AIr. Power had disappeared after con-
ference with -AIr. Lamb on Monday night MI
Lamb raised his eyes skyward and declared
when saw Mr. Power at West Hurley he
r,rouojsed TO come to New-YoTk. don't know
where he is now. I possess no physical controi
of him. 1 think he has been kidnapped ana
spirited away by the detectives and attorney >
of the Northern Pacific Railway Company Il
he really has escaped he must have turned
mighty clever trick on the detectives They haa
six of them up there. who were hidden IN the
bushes surrounding the hotel. watching II oay
and night. They must have slept hard
Mr.. Guthrie began the argument before Judge
Iacornbe at 80 p. m He told of the various
subpenas that had been served on Peter rover
10 bring him before the examiner. and OF the
repeated failures of Mr. Power TO appear he
described a scene at the time OF the service %
the first subpoena. when Mr.. Power let the
papers fall on the ground and MI Lamp au-
vised him to not heed them, Mr.. Lamb after
ward nickinp I'D the papers and the SIS which
scoomnan{ed them Mr. Guthrie read passages
from testimony taken at hearings when MI
Power failed to appear and Mr. Lamb was
present. tending to show. he said. that MI
Power was staying away by Mr.. Lambs ad-
vice.
Then af7dayits by Pinkerton detectives were
introduced to show that Mr- Power hao peei
served with subp0nas in the contempt pro-
ceedings The afidavits told of Mr. Power
Sudden departure from West Hurley with hls
bride Of the wild ride over the mountain road
at night and OF the disappearance OF MI ana
Mrs Power Mr.. Guthrie moved to have MI,
Power committed for contempt OF court
Mr.. Lamb arose and said that Mr.. Power had
not been in contempt at any time because ne
always had appeared-through counsel his
physician. too. had appeared. and had sworn 10
his mental exhaustion which prevented ms aP-
pearance in person
Judge Lacombe-Would it require so much
mental strength 10 come down to the examiners
Office in obedience TO the subpoena!
Mr.. Lamb-Yes, your honor, 1t Wouid nave
Judge Lacombe-That is not the question II
he had obeyed the subpoena and had not been
mentally equal TO the test OF an
he could have demanded some courtesy from the
other side, which undoubtedly would have been
gained
Mr. Lamb then asked for delay, saying he
wanted time 10 get from his client affidavit
in reply 10 the a1davits of the detectives. Judge
Laoombe said the afidavits were valuable only
as they related to the service Of the subpRnas
Mr.. Lamb said the service of the subpPnas was
irregular, inasmuch as no fee accompanied the
papers except that So accompanied the first
subpoena which Mr.. Power did not receive.
Judge Lacombe said it was plain Mr.. Power
was in contempt. inasmuch he had not
obeved the subpoena citing him to appear at the
contempt proceedings Mr.. Lamb again said he
wanted few days in which 10 submit afidavits
Judge Lacombe-Ths is the time and place.
Mr.. Lamb was not aware it was necessary
for my client 10 be in court long he
represented by counsel
Judge Lacombe-Tie was so ordered.
Mr.. Lam5-Had I known that, I should GER
tainly have insisted upon his being here.
(LaughterD
Judge Laconbe then said that Peter Power
had been properly served with sUbpenas, and
that these had been properly issued. He said
st was plain that Power had tried TO evade
service and that he therefore was in con-
tempt Of court He ordered Mr. Power COM
1ntted 10 thirty days Imprisonment in the
custody Of the United States marshal
If as is likely" continued Judge Lacombe.
drvly Peter Powers mental condition should
improve under the benefcent care Of the United
States marshal so as enable him to testify,
YOU Mr.. Guthrie, VIII have TO be prepared 10
examine him on forty-eighT hours notice"
AS tlunderbolt TO the astonished Mr. Lamb
came the closing decree Of Judge Lacombe, IN
which he ordered The lawyer to appear before
him the Tuesday after the third Monday OF
October and show why he should not be
suspended or admonished for unprofesslonal
conduct
Mr. Lamb said last evening az the Calumet
Club:
suspended yet Many things may happen be
fore Mr. Power is in Jail and am suspended"
Farlv in the afternoon Mr.. Lamb and one Of
The opposing counsel agreed to adjournment
Of the examination of Peter Power, which had
been set by Examiner Ma hey Tor j p m, TO II
g. N. to-day. M Power doubtless will not
appear al that time. MI Lamb may ask for
another adjournment while the United states
marshal is hunting for Mr.. Power
EIoyERAYES WIFE on FORGERY CHARGE