Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-06-21
PIERCE NOT THERE
The OH Magnate Again Failed 70
Appear TO Testify as He
Promised.
ADJOURNED TO SEPTEMBER.
Judge Anthony Refused to Issue .
writ Of Attachment for the Mueh
Desired withess-AIl want
ed Vacations.

1
st. Louis, June 1e-H. Clay Pierce
chairman Of the board Of directors OF
the Waters-Pierce OIL company, was
not In st. Louis at 10 o'clock Friday
morning, the hour set for the resump-
ton Of the hearing in the custer pro-
ceedings begun by Attorney General
Hadley against the oil combine. ME-
Hadley was so sure that the elusive
star witness would not be present that
he remained in Jefferson City, sending
his assistant, Rush @. Lake, to st
Louis to represent him.
Alfred B. Eddy, general western
counsel of the Standard Oil company
and James B. Hagerman, Of Kansas
City, counsel of the Republic OIL com.
pany, were at the Southern early. Mr..
Eddy said that he had received a letter
from Commissioner Anthony, who said
that in view of the fact that Mr. Pierce
would not appear, the hour for the
hearing had been postponed until 2
o'clock.
At the opening Of the session Friday
afternoon Attorney johnson stated
that H. Clay Pierce had not arrived
from New York and Attorney Priest,
fellow counsel, who has been Ill, had
departed for French Lick Springs to
recuperate for ten days or more. At
torney johnson read telegram Just
received from Mr.. Pierce as follows:
II feel that am fairly entitled to
the presence of both yourself and H
s. Priest when my testimony is given
in Missouri case, but | do not want
to ask for an unreasonable delay and
you can say to Attorney General Had
ley and the court that II they are
willing to fix the hearing for July 2,
or any subsequent date, I will be in St.
Louis on that date and really testify
whether H. s. Priest is well enough to
be there or not"
Attorney Johnson then requested
that the hearing be postponed until
July 2 or a later date.
Assistant Attorney General Lake OBJ
iected to a continuance to suit the
convenience of Mr.. Pierce and asked
that the court issue an attachment
for him.
Judge Anthony, however, ruled that
inasmuch as a subpoena had never been
issued for Mr.. Pierce to appear here
and that his appearance was promised
upon an agreement between counsel
concerned the court did not feel that
the commissioner is authorized legally
to issue a writ Of attachment.
Assistant Attorney General Lake
then filed with the court an appli-
cation petitioning the court to issue
an order under section 1888 Of the re-
viewed statutes Of 1899, compelling
the appearance Of Mr.. Pierce under
penalty Of annuIment Of the answer
Of the Waters-Pierce OIL company's
answer to the custer suit.
Attorney johnson raised question
concerning the legality Of such a pro-
ceedlng and said he desired to con-
suit with Attorney Priest and possibly
file objections to the application.
The court ruled that Attorney john
son would be granted until August 10
TO file objections and the hearing was
adjourned until September 10.
Explanation was made that the rea-
son for the continuance Of the hearing
until September 10 was to enable the
attorneys and other legal members con-
| cerned suficient time to enjoy summer
vacations.
Attorney General Hadley will depart
for the west next week to spend a
couple Of months in recuperating from
his recent illness.