Every evening, Wilmington daily commercial., 1906-05-02
And Makes a Protest Against
Seizure Of Books and Pa
peTS by The Officers.
SEARCH WAS CONTINUED TODAY
Contention That the Officers
Took Books and Papers
That Had No Bearing
on the Case.


charging him with having shipped
lottery tickets out of the State in
violation of the Interstate Commerce
law, had not been arrested there was
a hearing before United States Judge
Bradford in the matter at IL o'clock
this morning.
Mr. Rogers, with his counsel, was
present. lie waived hearing and was
held in 81 500 bail for the next term of
the United States District Court.
There is a general opinion that this
action of the secret service agents,
was the result of information fur
nished by the striking printers of
this city, a number of whom were
employed by the Rogers Press, stopped
work several months ago because Mr..
Rogers declined TO grant certain de-
mands made by them. That this
gained him the i'll will Of the strikers.
The warrants for the arrest of Mr..
Rogers and the search Of his printing
Office were sworn out by NJ. +. Griffin,
chief of the United States Secret Ser
vice for the Philadelphia district.
They were placed in the hands Of
United States Marshal William r.
Finn, who, with John Mitchell and
Henry G. Mahatfy, Jr., as deputies,
went to the plant Of the John NJ.
Rogers Press about 6 o'clock last
night. Secret Service operators Grif-
fin, Harry Donaghy and Fred Tate,
followed them soon after. The mar
shal made Mr.. Rogers familiar with
the contents of the warrants, but no
arrest was made. The place was thor
oughly searched, counsel for Mr..
Rogers accompanying the officers.
Deputy Marshal Mitchell remained in
charge of the plant all night, and the
search was resumed at o'clock this
morning by the secret service opera
tors. IL was completed at 10 O'Clock,
when a large number of books and
papers were removed to the Office Of
District Attorney Nields.
FoRciBLE INTRUSION RESENTED.
In relation to the forcible intrusion
of the officers upon his premises, Mr..
Rogers this morning made an affidavit
Of protest before Clerk W. G. Mahaffy
of the United States District Court.
The affidavit after citing the facts of
the search and seizure, says;
Such secret service officers returned
to said premises and renewed and pro-
ceeded to make new search of the
said premises; that the said marshal
or alleged secret service officers seized
under the color of alleged warrant,
! certain account books, ledgers and
/ other private and personal documents,
/ books and papers, in no way whatsoever
referred to or covered by the order in
the search warrant issued by the hon
/ orable judge Of this court, and that
they OF the United States district at
/ torney of Delaware now have and re-
I 4asr, r.eanaeafr.t Ahnronf nrftrrfA 4
! ing a demand made therefor upon the
said marshal and upon the said United
| States district attorney for said dis
/ trict by said deponent; that the saic
| deponent is not even informed what has
been done with the said books, papers
| and documents and has no means oi
| finding their whereabouts OF obtaining
! possession thereof otherwise than by
| the order of the judge of this honor
able court, whose warrant has been s,
/ grossly and fagrantly abused; tha'
| the United States marshal has stated
to deponent or his counsel that the saic
account books, papers and document.
have been taken by the said secret ser
vice agents TO the Office, and are unde
the control and disposition Of the sale
district attorney for said district, an'
said district attorney will afford sal,
deponent absolutely no information
concerning the same on formal demand
made upon him for their return to sal,
deponent.
At the hearing, Willard Salisbury
counsel for Mr.. Rogers, made a mo
tion to have the search warrant, unde
which the plant was searched, quashel
on the ground, that the warrant hal
been abused, as the secret servic
agents had taken books which had M
bearing on the matter. At this juno
ture Mr.. Salisbury asked Unitei
States Marshal Finn for the warran
and when the marshal hesitated Dis
trict Attorney Nields said it had no
been served as the officers we're still
in the process Of examination and tina
the warrant was still in the care O
the marshal.
Judge Bradford, however, orderel
him TO turn the warrant over TO Mr.
Salisbury who read it. 1t called 70
the confiscation only of lottery ticket
or anything relating TO them.
Mr.. Salisbury again stated TO tn
court that the secret service agent
had taken books which had no bearin,
on the case and asked that the cour
order them to be returned. He the
] reau MI. hOBtlo dluudNll.
Judge Bradfodr stated that as tn
marshal understood English and ha
heard the discussion, he could decid
as TO what books should be kept unde
the warrant. If anything, he said
has been seized that is not containe
in the warrant, it must be returned
After the court adjourned there wa
some discussion between counsel 70
the defendant and the district at
torney, relative to the books. MI
Salisbury desired to go over the book
which were in the district attorney
office, with the marshal, to decid
which had bearing on the case, bu
Mr. Nields refused to allow him tina
privilege. The marshal later brough
out some of the books and turned thel
over to Mr.. Rogers counsel, who
however, still claimed that ther
we're more of the books which th
district attorney had no right to hay
in his possession.
The marshal will consult Jude
Bradford and ask him to interpret h
ruling on the matter of books moi
clearly.
At 115 o'clock Mr.. Roger was a
, raigned before Commissioner Mahaff,
He waived hearing and was held
81, 500 bail for the June term of tl
United States Court.
Operated on For Appendicitis.