The Minneapolis journal., 1902-07-29
?. POWER Ill
He Puts in a Claim of Ner-
vous Heart Irrita-
bility. 4
Special to The Journal.

special TO Inc journal. 4a
New York, July 29.-Peter Power once
more failed to appear on time for exam
ination by Francis Lynde Stetson, before
Richard A. Mabie, special examiner ap-
pointed by the court, in Mr.. Stetson's Of
flee, this morning. Mr.. Stetson, his as
sociate, William D. Guthrie, and Frank B.
Kellogg appeared at II o'clock, but
George Alfred Lamb, Powers counsel, did
not produce his client, on whom subpoena
had bene served the day before.
Lamb arrived this morning a few mo-
ment after .Stetson and the proceedings
were quite exciting. stetson placed on
record the proof of service of subjoenas
on plaintiff July %, rs and 2S. r.~ .r.
Lamb complained that two men from
stetsons Office had terrorized his wife and
child. s1..... - ~ .-
Mr.. Stetseat said he thought the men
! knew how to 4ssrye a subpoena. He
thought it untortnHate that an attempt
had ben made to makeisapital out of this
| case. = 49,. -, ~. n
The examiner called Poaer'n name and
| there was no answer.
rtb. 4
| made" said Mr.. Lamb. II wish to say that
We do not consider the service of sub
poenas regular. The first service vas of
a subpoena issued by the circuit court
! and was, in my opinion, bad, and yet Stet-
IT, son and Guthries have called it good. On
the appearance of the second and third
service, however, I was puzzled and began
that the first service was surely not good
and on the discovery that detectives were
| following Power for a third service l con-
| cluded my opponent was doubtn of the
validity Of all the services. l wish to say
| that any time we are convinced that
| proper service has been made, my client
will be only too glad to appear. My point
is that no subpoena can be issued here un-
| less the special examiner applies for 1t
from the Minnesota court, where the pre-
vious examination was held. Now Power
was served, or there was an attempt tc
serve on him, on the street imperatiyely
demanding his presence to-day. Why was
| there no consultation with me as to my
convenience. I was about to sail for Eu-
rope when I was held back for this event
| I don't think it usual for lawyers to meet
in the summer. W ould like to ask Mr.
Stetson whether he has any explanation
Of this irregularity."
| None" said Mr.. Stetson.
| "I wish to speak of the scandalous and
outrageous service of subpoena on my
Client" said Mr.. Lamb land say that
when come here to this office, it Is hard
| ly pleasant to- have detectives after me
when / go from here"
! II did that" said Guthrie, "and con-
slider it quite proper after your unusual
actions in this Office last week. You were
| about to make motion =. 9.az
| II am getting at IT, said Mr.. Lamb,
E''f nmy own way. can speak In my own
way, I presume?"- .-.... 4-... x
Unfortunately" replied Guthrie, 1--WE
can't muzzle you" - >,y-,... .--
"There is no contempt In this case of
my clients" said Mr.. Lamb, for my
client is i'll. The doctor says he Is suf-
fering from nervous irritability Of the
heart and, considering that he has been
dogged for weeks and not been able to
buy cigar without being followed by
detectives, I cannot marvel at his con-
dftion "
MT. Lamb presented a copy of a ply
sician's certificate to the effect that
Power was Ill. ..'-
eve move,' said Mr.. Guthrie, "for a
certif1cation of service of subpoena and
default to be issued to the United States
circuit court" =. .&
"And I move" said Mr.. Lamb, that Dr
| Richard NJ. Burke be subpoenaed to es-
tablish the present illness Of the plain
tiff" .@ ~
Mr.. Guthrie moved that the case be
continued in &, the United States district
circuit court to Friday at i, 1o'clock "Bs
the practince of the circuit court" sait
Mr.. Guthrie, "a doctors certificate does
not excuse the witness from appearing or
a subpoena. We shall therefore call fol
| production of Power