Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-07-19
WOURALL CASESTRlRES SNAC
Taking Of Testimony in State Court Bnds
by Action Of Defendants
PLAINTIFF WILL RESIST THIS NOW
VIII Try TO Have suit Returned q
state JurisdictiOn and Fought
out without Any
Delay,

The taking Of dispositions before Notary
Charles W. Pearsan I'm the Tom worrall
grain suit came to an abrupt end Tuesday
morning with the announcement that At
torney Brogan had secured an order of
removal from the state district to the fed
eral court. This procedure was not in the
least relished by MIR. worrall and his at
torneys and they Immediately took steps
to check the move II Is understood they
will go into the federal court at once and
try to have the case remanded back to the
state courts. and Attorneys Jefferis and
Howell began preparation for this course
Immediately. Said Mr.. Howell:
II am frapk to say we don't like this
order a little bit. We had hoped to get
all the testimony taken this summer. II
the case goes into federal court, however.
II means there will be little, II anything,
doing for a long time. This is what the
members of the Nebraska Grain Dealers
association want-delay."
More I'm His sleeve.
Those fellows are smooth" remarked
Tom worrall, as he hurried to his law
yers offices with big bunch OF papers in
his hands, but we have a good deal up
our sleeves and we are not telling what
| II is"
Charles T. Peavey, worralrs partner and
bookkeepcr for the firm, was to have be-
gun his deposition Tuesday, but the story
| in The Bee from Blair regarding the order
| of removal caused a hasty conference OF
| Attorneys Jefferis and Howell. They finally
had Mr.. Peavey file a signed statement in
| which he refused to make his deposition on
| the grounds that II would be merely an
exploring expedition on the part Of de-
PENDANTS" and the, evidence cannot be used
1
submit TO the processes of the federal court,
but as he lives at Council Bluffs, within 100
miles of Omaha. his deposition would be of
no value before that tribunal. He said he
was convinced and satisfied that the order
for removal was applied for by the de-
| PENDANTS and obtained so as to prevent the
| taking OF testimony of E. P. Beck, e. s.
westbrooke, f. s. Cowgirl. II. G. Miller. N.
| 3. Updike and Floyd J. Campbell, for
whom subpoenas have been issued by the
plaintiffs. These subpoenas also required
the bringing in of books and records
F. A. Brogan attorney for the Omaha
Elevator company who procured the order
of removal, said 1t was asked for on the
broad grounds that Worralls case was
properly under the laws OF the United
States, inasmuch as interstate traffic was
affected. The Omaha Elevator company
claims 10 DE incorporated IN west virginia
The plaintiff as we'll as defendants buy
grain in Nebraska and ship 1t out OF the
state and worralrs single elevator is In
Iowa, at Council Bluffs. although his office
is in this city.
1t is thought that the case, insomuch as
It concerns the railroads and their connec
ti0ns with members of the Grain Dealers
association, may get before the Interstate
Commerce commission.
Notary Pearsall refused TO compel Mr.
Peavey to answer questions propoundet
and the taking of dispositions is over fol
the present.