New-York tribune., 1902-07-25
PETER POWER ONCE MORE
HIS COUNSEL AND THAT FOR IHh
NORTHERN PACIFIC EXCHANGE
COMPLIMENTS.

On many occasions since the bringing of the suit
of Peter Power against the Northern Paclnc Sali-
way Company to prevent the retirement or the pre-
ferred stock the attorneys for the defence have
expressed their desire to examine the plantin; put
for several months the plaintiff was apparently as
elusive materially was Mrs. Camps frlehd Mrs-
Harris learned several weeks ago. now
ever, that Peter Power existed in the flesh and
that his home was in the upper part Of this city,
and yesterday move was made by the Northern
Pacifics legal representatives which may result IN
his appearance this morning to submit TO the long
deferred examination. According to the ralroao
LAWYERS Power was subpPnaed yesterday to appear
on Tuesday but in order to accommodate his at
torney, George Alfred Lamb, he will be examined
to-day According to Mr.. Lamb, however. no ser
vice was made. The process server. he says, ap-
preached Mr.. Power in the street and asked: Are
you Mr.. Peters?' Powers answered. NO, and
walked on, the process server throwing the suo-
pCena at him and Power paying no attention 10 H.
Mr. Lamb says that for the last six months Power
been law student in his office. and could nave
been subprnaed there at any time during that
period. Power there yesterday afternoon.
He IS a young man-twenty-three years old ana
possessed of 100000 and much intelligence. MI
Lamb says-and is inclined TO taciturnity. Asked
II he would present himself to-day for examination
by the attorneys of the other side. he answered
that he would do what Mr.. Lamb decided would he
best. Mr.. Lamb said that he and Mr. Power would
not be hand, he desired to start on Saturday
for Europe on a vacation trip; but little later he
thought that he might under some circumstances
reconsider his decision and produce Mr.. Power at
Mr.. Stetsons office this morning for examination
following pointed letters passed yesterday be-
tween Mr.. Stetson and Mr.. Lamb:
George Alfred Lamb esq. No. 1875 Broadway City:
Dear Sir: Your letter of this inst has just reached
hour after the service of subpoena upon
/ am always desrous to accommodate counsel. but
In this particular matter 1t Is impossible Tor me 10
You will remember that ever since March
have several times requested the production OF MT
Power and have rad your promise 10 produce nlIil
Early in June received the promise OF your honor
able Minnesota associates that Mr. Power would be
produced for examination in accordance with your
June . you had answered that Mr.. Power had re-
Gently been married, that he was on his wedding
and that his testimony could then be taken Judge
Lancaster then advised us that he had written YOU
mony OF Power would be taken his return from
the for Po5hTy BY wesks psd
by you, and then upon the 18th OF July, wrote you
July &c. at which it would be convenient for you
70 produce Mr.. Power for examination Instead
of the sixteen days thus open to YOU; you post
poned for eight days any reply 10 my letter. and
upon tho I'D wrote ne that the matter would have
Immcdiatsiy upon the receipt Of that letter an
swered you that this would not be satisfactory. and
ing You 'i5'' to answer immediately
Not hearing from you yesterday, ! took proceed
order for the examination OF Mr., Power and the
Say Sf b "a & tor ms a uPTn
We are 10 proceed before the examiner
Power is not ke.y 10 be Of great @ngtb am M viii
ing 10 take the examination any hour upon to-
morrow friday before notary. thus enabling you
70 depart on Saturday.
The fact that this matter is to be taken up
until the eve OF your departure IS certainly not due
70 me but is due wholly and exclusively 10 your
continued failure to comply with my repeated re-
am always happy to reciproeats the courtesy OF
counsel. but with the most effort to DO
any extension OF such courtesies from you. Indeed.
The Incidents connected with the service OF Mr.
Morgan last spring haIdiV such as a all
me i9F special consideration. though l trust that
memory Of that circumstance.
IL Is our intention and expectation to bring this
assigned for your return from Europe. and it is
the testimony Of your Client Who as am informed.
has been at your office and in your company during
FRANCIS LYNDE sTETsoN
,,, New-York. July "a. 1902.
Francis typde I. stetson. ESQ., No Broad-st
Dear Sir: have just received your letter of even
matters ma which have to attend 70 prior to my sail
Pac6c att min nor % me TO aHe up Ine N9rtneTn
therefore, to hold this matter until then. As /
New-York by September Is and there is no possible
Of the delay in taking 70 r 9K
until then. am very much surprised that you
my sailing and am quite ute 81 Sure | that s upon 2
sideration OF this matter you will be willing to
Mr.. Power has been connected with this office
have served him with subpoena any time
without taking any occasion TO do so upon the
of my departure.
! note your references to the service made upon
Mr. Morgan. This service made in the regu-
lar and usual form. because | understood Mr.. Nor
gan to be fnancier OF the usual type. Had
| then been aware of the high and noble character
which he possesses should not have permitted an
| ordinary process server to him in the usual
manner. Being unaware Of this. merely gave in
struCtionS process service
upon him in any that appealed to them as eX-
pedient. and this having been done | could not as
a matter OF plain honesty, repudiate the suCC asSfl
action in serving Mr.. Morgan in his own home
The last paragraph of your letter your in
tention and expectation to bring this case on for
| hearing before my return to this country. / can
permit this, and must ask you hold the ca
until my return. Very truly yours.
!