Omaha daily bee., 1902-08-22
INVOLVES BOURGE COCHRAN
Testimony in Merger Suit Investigation
Puts Him on Defensive.
LAMB AND POWER USE HIS NAME FREELY
He RetaIiates by FIatIy Denying All
They say and InauirinE why
The say It-Other
Testimony.

Lamb, attorney for Peter Power, went on
the stand today and told all he knew about
the Northern Pacific merger suit. He
named the men who, with Power as plain
tif, and Captain Henry Stern as go-be-
tween, he said, had hoped to conceal their
connection with the litigation and keep
their Identity hidden. Those he named were:
W. Bourke Cochran, Camille weidenfeld, H.
Content a Co. and Edwin r. Thomas, Of the
firm of Thomas & Post, Wall street bankers
and brokers.
The story Of Powers wandering came out,
and a plan to send him to Europe was re-
vealed, as was his quasi connection with
the suit at issue. Lamb said that he was
practically forced by the people back OF
him to send Power away and that he paid
the expenses Of his trip to West Hurley
and to Montreal. Weidenfeld. Cochran and
other sponsors OF the Power suit, Mr.. Lamb
declared. feared that Power would be
broken down as a witness and would give
away the people behind it," Cochran was
~telephoned to for advice in his presence.
Lamb declared he was one Of the persons
for whom Lamb was given to believe he
was acting in pushing the SUIT and he was
one of those who advised Power to stay
out Of the courts Jurisdiction and was
ready to supply him with funds to enable
him to do so. Mr.. LIANT told the story
readily, released, as he said he considered
himself, by the action OF his clients in re-
pudiatlng him as their counsel.
Powers Explanation.
Peter Power himself was on the stand at
the afternoon session. He said to the best
Of his belief he had received the 100 shares
Of stock in payment for the use of his name.
That was his sole interest in the suit. He
had been instructed that the subpoena SER
vice was bad and had left New York City
with that understanding. In a manner his
testimony was corroborative Of that given
by Lawyer Lamb regarding the connection
Of Messrs. Cochran and Weidenfeld with the
suit.
W. Bourke Cochran in an interview to-
night characterized all the testimony rela-
tive to him as false in every detail.
Mr.. Lamb said he made a rough draft of
the complaint in the Power suit on a rail-
way train. He promised to produce a
copy OF the draft later.
You told us Mr.. Cochran would make an
important Witness" said Mr.. Guthrie.
II am quite certain that Mr.. Cochran
knew all about these matters and was fnan-
cially interested. He was present at the
conferences in Mr.. Weldenfeld's once, and
I know Mr.. Weldenfeld would take no steps
without III. Co5kFsR's knowledge and ap-
prevail"
Did Mr.. weidenfeld's partner. Thomas
w. Lawson, have any interest in this liti-
gation?" asked counsel.
81 think not. I am sure not"
Mr.. Lamb also said David Lamar had had
no interest in the suits. Tell us about the
$3.50 you received from Mr.. Weidenfeld,"
Mr.. Guthrie continued.
Captain Stern had insisted that. Peter
Power be sent away That was when the
first attempt was made to serve Power. He
was afraid Power would break down and
give away secrets. Mr.. Chandler suggested
that Power be sent to Europe. On July 81
Captain Stern came to my apartments and
insisted that Power be shipped to Mon
treal at once. ] hesitated. / did not know
how l would stand with Power out OF my
control, and again / told Captain Stern
| did not believe we had money enough to
send him to Canada, and Captain Stern
telephoned to his housekeepers, but they
had none.
Had Consulted Cleveland.
AFTER Power was served Mr.. Chandler
came to my ONCE and told me the service
was bad and that we could successfully de-
fend him from the charge OF contempt. I
was the more easily convinced that he was
right because I knew he had consulted with
Mr.. Cleveland and Mr.. Cochran. Mr..
Chandler told me Mr.. Cochran said Power
need not appear in court in person. Then
he said hat Mr.. Cochran, a keen Judge OF
human nature and public opinion, had said,
III they push that boy too hard they will
create a revulsion of public opinion"
Mr.. Lamb said Power agreed to go to
West Hurley. He wanted to get married
anyway and Lamb told Mr.. Chandler money
would be needed. Chandler said he had a
check for $500. and when Lamb said at
least $3.50 would be necessary Mr.. Chandler
told him weidenfeld would give another
check In the morning. OF the $3.50 about
$3.50 had gone to Power.
"Who was to pay Powers expenses and
support him II he went to EuropeT"
"Mr. Chandler said OF course they would
pay the expenses. In understood they
meant MT. Weidenfeld. Bourke Cochran and
Mr.. Thomas"
Asked about his financial dealings with
weidenfeld, Mr.. Lamb said Weidenfeld ad-
vanced him $4,000 on account Of fees held
!: UP in the Consolidated Gas matter and held
his demand note for that amount. He said
|, he holds a letter from Mr.. weidenfeid,
however. that shows the nature Of the
transaction.
Counsel had further questions to ask and
a recess was taken with the understanding
B that Power would be called during the aft
d ernoOn.
Power on the stand.
D Power began his testimony by saying that
he was "a years Of age; that he trst met
. Mr.. Lamb in 1900. and that he began the
. study OF law in Lambs ONCE In April Of
: that year. He was to receive $50 a weeh
v salary.
u did you ever own any stock In the
q Northern Pacific Railroad company" asked
e Mr.. kellogg. who conducted the examlna-
tion.
d NJ Lamb told me Mr.. Weidenfeld would
carry 100 shares Of the stock for anyone
e who would bring suit. The stock was as,
d signed to me-"
Power said he never saw Mr.. Weidenfeld
All he knew OF him was that Mr.. LamI
told him the stock was his. That was II
: May Of last year. He understood he wal
TO pose as plaintiff. but he did not know
a until six months later what was the object
OF the suit. He understood Mr.. Weldon
field was 70 bring the suit and pay the ex
Denses. All the information he had wa
from Mr.. Lamb.
To a direct question Power said he ha,
called Bourke Cochran on the telephonu