The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-06-12
Attorney-General Hadley Talks
From the Shoulder When
Delay Is Asked.
CHIEF WITNESS PIERCE
FAILS TO ATTEND COURT
Counsel for Defendants Make
Unsuccessful Effort for Two
Weeks Delay.

ST LOUIS. juno 1.-THE hearing Of
evidence in the Missouri custer proceed
lngs against the Standard and Waters
Pierce OIL companies was resumed here
today before Special Commissioner r. A.
Anthony. Attorney General IIadley and
two assistants Will participate In tho
case, and Will also represent tho State In
the first test case under the railroad
maximum freight rate Inv. which pro-
ceedings worc begun today before Special
Commissioner Scohed. Eighteen rail-
roads have been cited to appear and the
State Will select one OF which to make
a test case.
Chief Witnesses Absent.
II. Clay Pierce. chairman of the board
OF directors of tho Waters-PIerCe OIL com
pany was expected 10 be the chief Wit
ness at the oil hearing. He is now In
New York and when this fact was elicit
cd from Judge John d. Johnson. general
counsel for the WaterS-Pierce company,
who asked a continuance OF the hearing
on the ground that Judge II Priest, lead
ing counsel was detained at homo by
illness, Attorney-General Hadley sharply
declared he would not consent TO a con-
tnuance and threatened to have an at
tachment issued for the appearance OF
Mr.. Pierce
Attorney General TTadey asserted that
the Illness OF Attorney Priest was made
subterfugc FOR delay OF the hearing.
Too Many Delays.
This hearing has been postponed three
times already" declared Mr.. Hadley.
First, because OF the plea OF a pressing
business engagement In New York by Mr..
Pierce, second. because OF the Illness of
Attorney Charles Nagel; third. because
of the illness OF Mr.. Pierce, and now you
want n continuance because of the Illness
Of Judge Priest, When tho hearing was
postponed because OF PierccS illness he
was making reservation on train for
nn orb lar ha 81
and only abandoned the purpose when
discovered by opposing parties
Should Not Continue Case.
I'm view of PIerces pcnchant to dis
regard the obligations of the court. the
continuance asked for should not only
not be granted, but the opposing counsel
should have sufficient respect for the
court not TO ask II. Pierces evasion Is
a continued progress of procrastication-
He enteTtains the arrogant assumption
that the case Will be continued and dis
regards the courts process by remain
ing away. l think an attachment should
be Issued for his appearance
Trust Attorney Is Wrathy.
Attorney Johnson warmly asserted that
the Attorney General was endeavoring to
conduct the proceedings TO suit his own
convenience and without regard to the
convenience of the opposing counsel and
referred to Hadleys recent illness, on
account of which the hearing was post
pCncd two months. He declared that
common Justice and equity demanded 4
continuance on account OF the illness. OF
Judge Priest inaSmuch as Judge Priest
Is the leading counsel for the defense.
Court Makes Concession
Special Commissioner Anthony then
stated that the court was of the opinion
that Mr., Pierce should be here 10 testify
instead of being in New York, and that
day until Mr.. Pierce arrived from New
York Tho court inquired when Mr..
Pierce would arrive from New York, and
Attorney Johnson replied that he would
ascertain by telegraph and inform the
court this afternoon at o clock
Thereupon recess was taken until that
the oil interests are John D. Johnson of
ST Louis, Waters-Pierce general counsel;
Alfred d Eddy of Chicago, general
company; and Frank Hagerman OF Kan
City, for the Standard and Republic
companies.
Wants Two Weeks Delay.
When the hearing was reconvened after
the recess Attorney Johnson made a
statement to the court TO the effect that
Judge Priest had been advised by his
physician to go to French Lick Springs
this week and rest for a week. and would
forced absence of Judge Priest, as lead
ing counsel. and of the probable inability
of Mr.. Pierce TO come from New York
at the present time he requested post
ponement until two weeks from today.
Questions His Sincerity.
Attorney-General Hadley brought into
question the sincerity Of Mr.. Pierce In
regard to appearing at any time as a
witness. and said there was an apparent
element In the uncertainty about Judge
Priest being able to attend, although he
was able to go to French Lick Springs.
Attorney Johnson foTcibly dlsclalmed
any insincerity of intentions the part
OF either.
Given Until Friday
Commissioner Anthony interposed by
saying that the court believed that Mr.
Pierce ought to be here to testify by next
Friday morning at 10 o'clock, and ad-
journed the hearing until that time, after
admonishlng that Mr. Pierce be notified
To Re present