The Washington times., 1902-08-26
KEIDBNFELD LIKELY
TO TAKE STAND AGAIN
Witnesses in Peter Power
Suit Feel Anxious.
Several Gentlemen Who Appeared Be-
fore Examiner Mabey in an
Undesirable Position.

NEW YORK, Aug. 25.-The alacrity
with which Camille Weidenfeld, the
broker, went upon the stand in the
Peter Power Northern Pacific Railway
suit to correct his testimony Is TO be
duplicated by E. r. Thomas, who will,
in all probability, be recalled to morrow
at the resumption of the examination.
When he takes the stand he will be
represented by Wheeler H. Peckham,
whom he has retained as counsel W.
Bourke Cochran and Treadwell Cleve-
land were to have acted in this advisory
capacity 1t is expected that Mr. Peck
ham will have returned from Chicago by
tomorrow morning.
An Undesirable Position.
The position in which several wit
nesses before United States Examiner
Mabey have placed themselves is de-
clared by lawyers to be decidedly unde-
sirable. %d ir this connection the re.
cent announcement that the Northern
Pacific matter would not be dropped
with the dismissal of the suit, is signifi-
cant. II is unlikely that any legal ac-
ION against the witnesses will be taken
until after the disposition OF the Powe,
suit; action now might be construed as
an attempt to Influence that disposition.
Particular interest attaches to the tes-
timony of Mr.. Weidenfeld and Capt.
Henry Stern, who emphatically denied
having had dealings with George Alfred
Lamb in the suit. Lamb has Implicated
them Gprypnly ga,yipsr haf oY,,
Stern took the 1OO-share certificate OF
Northern Pacific stock TO Chicago for
the sole purpose OF convincing the West
ern attorneys, Buckley g. Moore and
Judge Lancaster. that Power owned
stock. and was therefore entitled to
bring action to defeat the merger.
Mr.. Weidenfeld's poor memory-he had
been i'll just before taking the stand
concerned his purchase of Great North
ern stock for Mrs. Sophia Chapman. He
eventually remembered having pur-
chased such stock, but he did not re-
member any intercourse with Mr.. Lamb
in The Northern Pacific matter.
The persons whose names have been
stirred to the top of the Northern Pa
cific kettle of fish are remembered as
having appeared in other noteworthy lit
igations. In the suit against the Amer
ican Tobacco Company W. Bourke Cock
ran. Wcidenfeld. and H. Content & Co.
were in evidence; so they were in the
Metropolitan Street Railway-Interurban
Railway case; also in the Consolidated
Gas case.
Dummies" Not Illegal.
Speaking today of dummy" plaintiffs,
Mr.. Lamb said:
There is amusing misconception
about the so-called dummy plaintiff.
Peter Power has been mathematical for
1t. and so have |. but that's because
people do not know what IL means. The
Court of Appeals of this State has coun-
tenanced the use of dummy plaintiff,
and Just let me say that If every lawyer
who used a dummy were to be dis
barred there is not one large law firm ia
this city which would not be broken up.
II is not a criminal offence to act as
dummy
Gases are heard every day in which
the plaintiff acknowledges that he is
acting for some one else, even that all
the proceeds of the litigation are to be
turned over to the principal. Many men
have not time to attend TO such duties
so some clerk In the Office OF counsel is
created plaintiff"