New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-23
NO DODGING BY MORGAN.
HE HAD PROMISED TO APPEAR IN
NORTHERN SECURITIES SUIT.

Concerning the circumstances of the service Of
subpoena on J. Pierpont Morgan in the suit OF
Peter Power against the Northern Pacific Rail
road Company, Francis Lynde Stetson. counsel
for Mr. Morgan, yesterday made the following
statement:
In several Of the newspapers Of this morning have
appeared items suggesting that the counsel repre-
sentng Peter Power in his suit against the
anticipated some dithcuty IN securing the auehd-
ance as witness of either J. ?. Morgan or some
member Of his firm.
Any such suggestion, whether or not so intended,
is in defiance of the facts and without any justin
ready appeared and been examined. Mr.. Steele. 81
at the time appointed. but his examination was
postponed, not at his request but at the request OF
Yesterday afternoon Mr.. Morgan returned TO the
G from Which e he had been al bc dunF ne
nothing until on Thursday. at Washington. lnme-
ton, he instructed me to advise Mr. Powers coun-
sci that he would attend at any time without sub
swsred that this would be entirely sattfSifactory,
voluntary appearance next week.
Apparently because of the inability OF the counsel
he has written to me expressing his regret; Mr.,
Morgan was served last evening with subpoena ma
by a messenger VINO obtained admission 10 ms
house upon the understanding of Mr.. Morgan that
men for Witch Mr. Powers Vt Counsel disciams any
responsibility and expresses regret If any such
1t may he matter Of news. but IT hardly can be
the private house OF any gentleman should be OBJ
taired. stated in this mornings papers. by
ruse which. OF course, means by deception. In any
case such proceeding would be one for which
reputable counsel naturally would desire TO dis
claim responsibility. In this case. any such pro-
ceeding was unnecessary.
George Alfred Lamb of counsel for Peter
Power, made the following statement:
/ accept full responsibility for the service made
upon Mr.. Morgan. and the manner in which II
made. / had full reason to believe that Mr. Nor
gan would not willingly accept service. and in
process server employed by merely fulfilled his
duty as a process
had previously endeavored to arrange with Mr..
Francis H. Kellogg, general counsel for the North
the case OF Power against the Northern Pacific
Railroad Company should be produced without
vice or subpoena, and at times hat might he mutu
ally agreed upon Although Mr.. Kellogg in the
self at Minneapolis that he would endeavOU 10
range this, he subsequently announced his failure
10 do and notified me that l must obtain the
testimony OF witnesses as best ] could.
II, therefore, became my duty to my client to
use every method OF vigilance to obtain service
uTOn the witnesses whose testimony desired. I'm
til 4.30 yesterday afternoon had received nOti
hCatIon that Mr.. Morgan would voluntarily testify.
hut 7 had been led 10 believe that he would not
testify unless he duly SubpPnaed. 1t s
~ ettable that upon receipt OF this notification
unable to recall all my subpoena servers. but
do not agree with the conclusions reached by Mr..
StetSou. There ethics about the service OF
n process. When lawyer gives a process server
server the paper intrusted to him with the
delay. and I'm any manner that presents itself
II is perfectly justihahle tor process server 10
make service I'm any manner and by any means.
who employed by me and who sought to serve
zealOusly.