The Washington times., 1906-01-14
ROGERS GIVES IN
AND ANSWERS ONE
Of OWN VOLITION
Never Dealt With Pierce
for Missouri Oil
Co. Stock.
EXPECT HADLEY TO WIN
Generally Felt GilderSleeve
Will Decide Maenate
Must Answer.

Must Answer.
NEW YORK. Jan. I3-Henry II. /
Rogers Was again a witness for a short
time this afternoon in the hearing be-
fore Commissioner Sanborn, of the suit
OF the State OF Missouri against the
Standard Oil Company. Mr.. Rogers was
on the stand only short time, how
ever. and he stated that he wished to
change bis testimony. given when he
was a witness before.
Brought WritteE Reply.
Mr. Rogers appearance, it developed,
vas for the purpose of clearing up a
doubt in regard TO the alleged transae-
tons between himself and Henry Clay
Pierce, vice president of the Waters
Pierce oil Company. Ia the former ex-
animation. Attorney General Hadley
asked Mr. Rogers IL he had had some
business transactions in 1894 with Mr.
Pierce, whereby he either secured for
himself, the Standard oil Company of
New Jersey. or the STANDARD Oil Com
pany OF Indiana, all or a part of the
stock of the Waters-Fierce Oil Com
pany. and AIr. Rogers had declined 10
answer on the advice of counsel
Today, Mr.. Rogers asked to be allowed
TO change this reply lie read from
typewriter statement saying:
Il declined 10 answer that question, as
did many others pronounded by the
attorney general solely on the advice
OF my counsel InasInuch as il now
seems that my refusal TO answer that
question might injure Mr.. Pierce. I now
desire to say that never had any such
business with MIR. Pierce in 1904. nor at
any other time"
Mr.. Pierce has been eagerly sought I
as a witness by Attorney General Had
ley, but has managed 70 elude service.
an arrangement was entered into, how
ever between the attorney general and
John d. Johnson, attorney for the Wa
ters-Pieree Company, " M.-,ereby the hunt
for MIR. Pierce will be abandoned. as
Mr.. johnson has promised that the
former will appear before the supreme
court of Missouri at any time he is
wanted. Mr. Hadley announced this ar
rangement after the E-aring.
May Lose Appeal
Attorney General Hadley was feel
ing good today over the progress heA
has made, because Judge Gildersleeve
OF the supreme court during the hear
ing before him when the question OF
whether or not Mr.. Rogers should be
compelled TO answer TO the question he
declined TO reply to at the hearing be-
fore Commissioner Sanborn, intimated
that he would probably rule that Rog-
ers must answer the questions.
Rogers will have TO answer all the
questions unless it can be shown that
the materiality Of these questions is at
this time being actually considered in the
State of Missouri.
The corps OF lawyers fighting for
Rogers before Justice Cildersleeve in the
supreme court today grasped at this
straw, and asked to be allowed until
Monday to produce memorandum deal
ing with this point and to produce
records and exhibits. This concession
was granted them but it is believed that
this will avail them nothing.
Hadley Cheered.
The hearing before Justice Gildersleeve
was marked by the most remarkable
demonstration that has been noted in a
local court in years. AT the conclusion
of Attorne" General HadIey's argument
he was greeted by an outburst of ap-
plause that startled the court officers.
This applause came from an audience
composed almost wholly of LAWYERS
practiciug before the New York bar.
who were capable of appreciating the
remarkable legal ability and perfect
grasp of the case by Hadley.
Lawyer Hagerman made the first
argument for Rogers. cOntending that
the Standard of Indiana and the
Waters-Pieree of Missouri had a right
mutually 10 agree TO separate their
selling territory I'm Missouri He said
that Rogers was asked questions which
related alone TO companies outside Of
Missouri. and that the relationship be-
tween the two companies and the Stand
ard oil Company was immatariaI with
no legitimate barring in the case.
Lawyers Rowe and curtis followed I
As to Flashlight.
Mr. Curtis dwelt with emphasis unon
the indignity 30 his client by subject
ing him TO the humiliation of fash
light photography. Mr. Hadiey point
ed out that MIR Rogers was the only
man in the room who was not aston
ished when the fiashlight exploded"
Attorney General Hadley then wound
up the proceedings which had drawn orf
10 more than two hours, By presenting
a clear, lucid and comprehensive review,
of the entire case.
If there have been sensationar re-
ports; If these proceedings have been
held up TO ridicule. the fault is that of
the witness Rogers. who has caused
them by his defiance and his eontemnt
1T viii be due TO him. and 10 him
alone, If by his attitude he arouses the
passions of an indignant populace; and
he, and persons like him will reap the
whirlwind, If whrlwind there be. aris-
ing from the wind they have sown.n