Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-06-12
oil HEARING IS RESUMED
Attorney General Hndlsy Seeks to Force
Witness 70 Tcstify Stst. Louis
COMPANY Asks A DtLiY OF THE CASE
Absence % Important witness and
/ AiIeEed Illness of Attorney
Causes sharp Tilt Before
the.CommissiOner. 80

ST. LOUIS. June 1.-THE hearing or evil
dence in the MissoBff custer proceedings
against the Standard and Waters Pierce
company was resumed today at the South
ern hotei before Special Commissioner r.
A. Anthony
Attorney General HadisS and his two as
sistants, John Kennlsh aud Rush c. Lake
arrived last night to participates In the case
and will also represent the state in the
first test case under the railroad maximum
freight law, which proceedings were begun
today before Special Commissioner scoheld
Eighteen railroads have been cited to APP
pear and the state will select one OF which
to- make a test case.
II. Clay Pierce. chairman Of the board
of directors OF the waters-Pierce Oil com
pany, was expected to be the chief witness
at the oil hearing. He IL now In New YORK
and wher this fact was elected from
Judge John d. johnson. general counsel
for the wsters-Pierce company, who
asked a continuance OF the hearing on the
ground that Judge s. II. s. Priest. leading
counsel. was detained at home by illness,
Attorney General Hsdley sharply de-
clared he would not consent to a contin-
uance and threatened to have an attach
ment issued for the appearance of Mr.
| Pierce.
Illness a subterfuEe.
Attorney General Hadley asserted that
the illness of Attorney Priest was made
q subterfuse for delay Of the hearing.
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 Ill
ness OF Mr.. Pierce, and now you want a
| continuance because OF the Illness OF
Judge Priest whefi the nearing was post
! poned because of PieEce's illness he was
! making a reservation on train for New
York under the name of Stewart and only
abandoned the purpose when discovered
j by opposing parties.
I'm view Of Pisree's zpenchant to dsre-
gard the obliGRtl1Hk ~ the court the con-
tlpuance asked fef 81 ula not only not be
granted, but ths opposing counsel should
have sunicient respect for the court not to
ask it.Jq Pierce's evasion is a continued
| progress of procras tination. He enter
tains the arrogant assumption that the
case will be cpntindtf 6sid 'disregards the
courts process by remaining away.
think an attachment should be issued for
his appearance
WaitipE for witnesses.
Attorney JohnsoH sparmly asserted that
the attorney, senspai Rss endeavoriug to
conduct the PROCEEDINGS to suit his own
convenience and5wfth9ut regard to the con-
venience of the opposing counsel and re-
ferred to Hadley's recent, illness on &C
count of which the hearing was postponed
two months. He declared that common
justice and equity demands a continuance
on account of illness OF Judge Priest mas
lmuch as Judge Priest is the leading coun
sci for the dsfensHs% s.
Special Commissioeer anthony stated thai
the court was OF the sopinion that Mr.
Pierce should be here 10 testify instead oil
being in New York, and that the case would
be continued ffoFfS day 10 day until Mr.
Pierce arrived frs3n New York. The court
inquired when Mfr, pierce would arrive from
New York and kttorney johnson replied
that he would ascertain by telegraph and
inform the court this afternoon at O'Clock
Thereupon recess was taken until tina
hour. The attorneys present representing
the oil company are John d johnson o.
st. Louis, waters-Pierce, general counsel
Alfred d. Eddy OF Chicago general western
counsel for the Standard OIL company, and
Frank Hakerman OF Kansas City, for tn
Standard and Republic companies.
The oil hearing adjourned this afternoon
until next Friday morning at 10 O'CLOCK
with an admonition from the court tina
Mr.. Pierce be notified to be here at thai
time for examination.