Bryan morning eagle. [volume] (Bryan, Tex.) 1898-1909, 1907-05-17
PIERCE MAY VISIT AUSTIN
Application For Writ Of Habsas
Corpus Denied.
DEFENDANTS STATEMENT
Insists That he Indictment Against Him
10 Ousrsseus and the Result ,sf .
Censpiraey. and That He viii Seen
Be At Tssss Capital.

ST. Louis. May 1s.-The application
Of H. Clay Pierce. chairman OF the
board OF directors OF the Waters.
Pierce on company. for q writ Of ha-
bsas corpus In connection with his ar.
rest under an Indictment returned By
Texas grand jury charging that he
made false statements in an affida-
VII In May. 1900. to the effect that the
watsrs-P1ercs OIL company was not
. party y any trust. confederation or
combination In restraint OF trade, was
denied 10 Judge Adams In the United
ststes circuit court Counsel for
Pierce announced that two appeals
would be taken from the decision of
Judge Adams-one TO the United
States Circuit court OF appeals and an.
other to the United States supreme
court
The court then admitted Pierce to
bond In the sum OF $4,000 on each
appeal.
The following telegram was sent
by Mr.. Fierce TO Attorney J. ID. John.
son Of St Louis. who is now at Austin.
Tex: Please announce through the
press that. although I have appealed
from Judge Adams decision, I win.
as soon as can arrange my business
affairs In New York. go 70 Texas TO
have the indictment against me and
the questions involved tested by the
Texas courts. II. c. PIERCE"
Former Judge II. 8. Priest. counsel
Tor Mr.. Pierce. gave out the following
statement concerning the courts pro.
ceedings; The decision OF Judge
Adams had not the slightest relation
TO the merits OF the trial of Mr.. Pierce
under the TEXAS indictment. The only
question which Judge Adams consid.
cred was whether the indictment con.
tained some evidence of a criminal
charge which would justify the exer.
else OF the jurisdiction OF n lower
court.
The contention OF Mr. Pierce with
respect 20 the Indictment was that
the character OF the contract and the
contractions. = stated In his affidavit.
were TO be interpreted by the anti.
trust lays OF Texas. OF which the
form OF afffdavit was a part. and that
only such contracts and transac lions
~. by the common law and the laws
OF Texas. were In restraint of trade
In Texas. as that term is known to
the Law. were within the meaning of
the terms OF the affidavit. and that.
as thus interpreted. the averments OF
the indictment do not negative or i'm.
reach the statement OF the affidavit.
and hence did not tend 10 show the
commission of any offense."
II. Clay Pierce departed for New
York. Prior 10 leaving he made the
following statement TO the Associated
Press: 1t Is necessary for me 10 20
at once 10 New York to look after
number OF business matters that
have been held In abeyance during
tonight. | expect TO return within
a short time and then. accompanied
by my attorneys. will 20 TO Austin.
Tex.
This indictment against me Is out
rageous. and Is the result OF a con-
spiracy. II was returned against me
without being based upon the testi-
mony Of witnesses, and the charge II
places against me Is wholly wrong.
There never was the slightest founda-
tion for the charge OF perjury or false
swearing In the affidavit which I
made In Austin. Tex. on May 81.
1900. My affidavit was truthful In
every sense. and ! would make II
egain and again-every day. II neces- !
sary-for II was absolutely true. and
the facts will be demonstrated before
the matter Is finished"