Omaha daily bee., 1902-03-23
MORGAN COUNSEL is ANGRY
Objects to Means by Which the Magnate is
q s~ubpOenaed.
DENIES his ATTEMPT TO EVAOt LAW
Counsel for Power Admits ~Refponsi-
bIity for serving Papers on
Morgan Under P%retense
at his Residence.

NEW YORK, March 22.-Concerning thu
service Of a subpoena on J. Pierpont Nor
gan in the suit Of Peter Power against tho
Northern Pacific Railroad Company, Fran
els Lynde Stetson. counsel for Mr.. Morgan,
today made the following statement:
I'm several OF the newspapers OF this
morning have appeared items suggesting
that the counsel representing Mr.. Peter
Power in his suit against the Northern Pa
cihc Railway company had found or antici-
pated some difficulty in securing the at
tendance as a witness OF either Mr.. ]. p.
Morgan or some member OF his firm.
Amy such suggestion. whether or not
so intended, is defiance Of the facts and
without any justification whatever. Mr..
Perkins Of the firm has already appeared
and been examined. Mr.. Steele OF the nrm
was ready to appear yesterday at the time
appointed. but his examination was post
poned, not at his request, but at the re-
quest Of Judge Lancaster for the plalntin.
Yesterday afternoon Mr.. Morgan re-
turned to the city, from which he had been
absent during the tendency OF these pro
ceedlngs!s Of which he knew nothing until
on Thursday in Washington. Immediately
ON learning OF the desire for his examlna-
ton he instructed me to advise Mr.. Powers
counsel that he would attend at any time
without subpoena. AT once I so advised
the counsel, who answered that this would
be entirely satisfactory, and accordingly we
arranged for Mr.. Morgan's voluntary APP
pearance next week.
CauEht in Hts House.
Apparently because Of the inability of
the counsel ito reach his process servers,
for which miscarriage he has written to me
expressing regret, Mr.. Morgan was served
last evening will a subpoena by a mes
senger, who obtained admission ia, his house
upon the understanding of Mr.. Morgan that
the messenger had come from my office
q statement for which Mr.. Powefs' counsel
disclaims any responsibility and expresses
regret II any such statement was made.
1T may be a matter of news, but it
hardly can be a matter of general salts
faction, that admission to the private house
Of any gentleman should be obtained as
stated in this mornings papers, by ruse,
which Of course means by deception. In
any case such a proceeding would be one
for which reputable counsel naturally would
desire to- disclaim responsibility. In this
case any such proceeding was Unnecessary"
George Alfred Lamb, Of counsel for Peter
Power, made the following statement to-
night:
I accept full responsibility for the. service
made upon Mr.. Morgan and the manner In
which Il was made. l had full reason to
believe that Mr.. Morgan would not will
lingly accept service, and, in making service
in the manner in which he did the process
server employed by me merely fulfilled his
duty as a process server.
Tried TO Arrange with kellogg.
I had previously endeavored to arrange
with Mr.. Francis H. Kellogg, general coun-
sci for the Northern Pacific Railroad COM
pany, that witnesses in the case of Power
against the Northern Pacific Railroad COM
pany should be produced without service of
subpoena and at times that might be mu-
tually agreed upon. Although Mr., Kellogg
In the first instance agreed with Judge
Lancaster and myself at Minneapolis that
he would endeavor to arrange this, he sub
sequently announced his failure to do so
and notified me that | must obtain the tes-
timony of witnesses as best / could.
1t therefore became my duty to my client
service on witnesses whose testimony
desired. Until 4:30 y~esterdaytI had received
no notification that Mr.. Morgan would vol
unfairly testify, but / had been led to be-
lieve that he would not testify unless he
was duly subpoenaed. 1t is regrettable that
able to recall all my subpoena servers. but
1 do not agree with the conclusions reached
by Mr.. StetSon. There are no ethics about
the Service Of a process. When a lawyer
gives a process server a paper to serve II
becomes the duty Of the process server to
serve the paper with the least delay and
In any manner that presents itself. II Is
tusti1able for a process server to- make
service In any manners and by any means,
and / certainly will not repudiate the act
of a man who was employed by me who
sought to serve me zealously.