New-York tribune., 1907-09-17
HEALTH OF Il. II. ROGERS
WILL NOT ATTEND COURT.
Excused by Boston Judge After
Testimony by Relatives.

,-s of -be family of Henry H. Rogers and
..e family physician that he suffered some sort
:. . s+roke last July and has been unable TO
-, any business since that time Judge
hammond in the Supreme Court. announced to-
5zx that il would be cruel to compel his at
,.r5ance in court, and dismissed a motion TO
that effect.
The condition Of Mr. Rogers was disclosed In
she course Of a hearing on a motion 10 snow
that he vas capable of attending the trial of
suit against him for S50Oo0,000 brought by c.
u F3aymond. Of SonlervilIe. for alleged con-
version Of certain royalties in connection with
The production of petroleum
The hearing began last week with the testi-
rnonv Of Or. Charles L. Pratt. Of New Bedford
who stated that AIr Rogers had suffered from
some stroke last July. and was not attending to
his business The hearing was resumed today.
and two sessions Of the court were consumed IN
receiving the testimony.
Counsel for Nj Raymond sought TO show by
the testimony of personal and business friends
of Mr. Rogers in New Bedford and FaiThaNen'
end also BY numerous telephone tickets giving
recor6 o. ca is between New York and the home
IF Nr Rogers in Fairhaven, that the Standard
Oil fnancfer had been about the streets, had
nsr4cirated in certain festivities, had engaged
in certain business in New Bedford and had
been in frequent communication with his asso-
ciates IN New York.
President Winsor Of the First National Bank
cf New Bedford testified that be had conVersed
with Mr. Rogers at the bank but said 1t was
rot upon business matters. Several witnesses
admitted that they had talked with MI Rogers
within the last few weeks but all declared that
he was much changed.
In support Of the claim that Mr. Rogers was
too i'll TO appear four witnesses were heard
The first was Urban H. Broughton. the son-in-
law OF NJ Rogers. He testified that he was
interested in many corporations In which Mr..
Rogers was a director. notably the United
Metals Selling Company and the Utah Consol-
dated Copper Company. He said that since July
% when Mr.. Rogers was taken Ill in New York,
his father-in-law had been unable 20 transact
any business and that soon e.4ter that date Mr..
Rogers told him C8roughton) that he must pick
IN ali his business and carry on the affairs to
The best Of his knowledge, and that he would
not hold Nr Broughton responsible for any
mistakes.
At this tirle. Mr.. Broughton testified. the
musicians had refused to allow Mr.. Rogers 10
see any member Of the family. not excepting his
wife He admitted that once IN August his
fathsr-in-lew had talked with John D. Arch bold.
Of the Standard Oil Company. but II was not
upon business.
Al present he testified. Mr. Rogerss face is
distorted on the right side. the left side IF his
body is out Of its natural position and his
speech is affected.
Henry H Rogers. jr-. corToborated his
brother-in-law n many respects. He said that
there had been only q slight Improvement in
his fathers condition since July. and that the
only business he had done was to sign three
open ? safe deposit vault IN New York. He re-
fused 70 discuss anything Of Importance and
ordinary matters worried him.
Norman W Nesbit. a New Bedford dentist
testified that he had attended Mr.. Rogers twice
within :he last six weeks. and both occa-
sions l.e noticed that he had changed and was
extremely nervous
TIE last witness was Dr.. Pratt, who told the
cour- that he could not say exactly what would
be the ultimate result Of the attack Of last July
nor 70 what il was due. He thought II might be
apoplexy, perhaps clot Of blood the
brain, or possibly q slight paralytic shock Dr.
Pratt refused to say, II answer to questions by
the opposing counsel whether Mr.. Rogers's
condition or reluctance 20 testify in the Massa-
cfusetts suit was due to mis- fear that he might
re called upon to give evidence in the case Of the
government against the Standard Oil Company.
Judge HAMMOND then reviewed tne evidence
briefly. and dismissed the motion.
Fairhaven, Mass, Sept 16-So far as can be
learned there has been no noticeable change in
the condition Of Henry H Rogers during the
last few days. He is upward Of seventy years
Old, and since July has taken no active part in
business, due TO the rundown condition of mis-
system. His stomach has troubled him some
what during the summer, and at times he has
appeared 20 be slightly nervous.
II was on the advice Of his physicians that he
abandoned business cares and took a long rest.
He IS not confined to his bed, but appears about
the town and in New Bedford occasionally.
Now and then he attends the Unitarian church
here. Yesterday the day was excessively warm,
and he did not go. He retires early each night
z rule This evening. for instance, il was
said al his residence at 1890 that he had then
retired for the night
TIE townspeeple who see Mr.. Rogers occa-
sionaiiy say that his general appearance has not
changed greatly. They say he looks tired and
like man run down physically Several who
have conversed with him have noticed no diff
ference in his voice, and his mind appears TO
be as clear as
His friends are not alarmed over Mr. Rogers s
condition so long he refrains from taking
hold Of his business affairs. With a long rest
they think he will regain much of his physical
vigor although at his age he is not expected TO
be as active in the vast enterprises with which
he is connected as he formerly