The San Francisco call., 1906-06-16
PIERCE WILL
GIVE TESTIMONY
Tie Promises to Appear at the
Hearing Of the Missouri
Oil Case.
Insists, However. That His At
3. torneys Be Present on
That Occasion.

- ST. LOUIS, June 15.-The oil hearing
IN the Missouri custer suit before
Special Commissioner Anthony post
poned from last Monday until this
morning because of the absence of II.
Clay Pierce, the principal witness, was
postponed until afternoon because Spe-
cial- Commissioner Anthony was de-
layed in arriving from Fredericktown.
" Pierce is still in New York and the
avaters-P Pierce OIL Company attorneys
SEATED he would not be here at this
time
-. Attorney General Hadley was not
here today, but the State was repre-
scented by Assistant Attorney General
. Rush c. Lake.
% When the hearing is resumed this
afternoon" said Lake. Il will request
.she court TO issue an attachment for
the appearance of Mr. Pierce. OF
course, such a proceeding is not oper-
ative outside of the State, but I will
also have a statutory process served
on Attorneys Johnson, Priest and Ma
gal, the attorneys of record in the case
for the Waters Pierce Oil Company.
This process will be served under the
statute enacted by the Legislature for
the purpose of getting into the juris-
diction. Of this court officers of foreign
corporations who refuse to appear and
testify. In event that the process is
ignored and Mr.. Pierce is not produced,
the penalty provides that the answer
of the respondent in the case be strick-
en- from the file"
At the opening OF the session this
afternoon Attorney johnson stated that
H Clay Pierce had not arrived from
New York and Attorney Priest, fellow
counsel, who has been i'll, had depart
ed today for French Lick Springs to
recuperate for ten days or more. At
Trh aaHa
ceived from Pierce as follows:
I feel that 1 am fairly entitled to
the presence of both yourself and H. S.
Priest while my testimony is given in
the Missouri case, but i do not want to
ask for an unreasonable delay and you
can say TO Attorney General Hadley
and the court that if they are willing
TO fix the hearing for July or any sub
-sequent date, I viii be in St. Louis on
that date and readily testify, whether
Il 5 Priest is well enough or not"
Attorney Johnson then requested
that the hearing be postponed until
July ? or later day.
Assistant Attorney General Lake OBJ
3ected TO a continuance to suit the con-
xepience Of Pierce, and asked that the
.eotrt- issue an attachment for him.
: = Judge Anthony, however. ruled that
fPasrnuch as a subpoena had never been
issued for Pierce to appear here and
. that his appearance was promised upon
an agreement between counsel con-
-cerned, the court did not feel that the
commissioners is authorized legally to
Issue writ of attachment
Assistant Attorney General Lake
4 then filed with the court an application
petitioning the court TO issue an order
. under Section $3.50 of the Revised Stat
-utes of 1899, compelling the appearance
of Pierce under penalty Of annulment
of the Waters-Pierce Oil Company
answer TO the custer suit
Attorney Johnson raised a question
concerning the legality of such a pro-
ceeding and said he desired to consult
with Attorney Priest and possibly file
objections to the application.
The court ruled that Attorney John
son would be granted until August Is
TO file objections and the hearing was
adjourned until September 10.