Los Angeles herald., 1907-05-12
JUDGE PRIEST
DEFENDS PIERCE
SAYS THE TEXAS GRAND JURY
MADE MISTAKES
Court Informed That the Law Is suf-
ficiently Clear to Warrant
the Discharge of the
Prisoner
By Associated Press.

BY Associated Press.
ST. LOUIS, May 1.-THE hearing OF
the application for writ of habea:
corpus filed by counsel representing II
Clay Pierce, chairman of the board oi
directors of the Waters-Pierce Oh
company, was set before Judge Adams
in the United States circuit court to-
day.
When court convened Mr.. Pierce oc-
cupied a seat between his lawyers
Priest and Johnson, and was convers-
ing with johnson when Sheriff Mat
thews came in. Johnson shook hands
with the sheriff and, turning, intro
duced him to Pierce.
"Oh. you're the sheriff from Texas:
I'm pleased to meet you," said Mr..
Pierce, warmly smiling, as he shook
hands with the sheriff.
'Sit down." added Mr.. Pierce, indi-
eating a chair nearby, and the sheriff
took the chair. Nothing more passed
between the two.
Mr.. Priest opened by outlining the
affidavit sworn to by Pierce in Texas
on May 81, 1900, and cited legal defini-
asserted that the defense would show
that the Texas Indictment was based
on alleged false swearing and that
when all the facts connected with the
affidavit were demonstrated it would
be shown that Mr.. Pierce had not made
a false oath.
Attorney Priest also contended that
the affidavit was made in Austin,
Texas, two days after the reorganiza-
ton of the Waters-Pierce Oil company,
and that the company was not party
to any pool, trust, combination or con-
federation in restraint of trade; that
the company had been ouSted from
Texas upon the ground of the violation
of the laws and this oath was necessary
for its readmission.
Barclay Addresses Court
After Attorney Priest had outlined
the defense Judge Shepard Barclay of
st. Louis, counsel representing the
state of Texas, told the court that he
had prepared a motion setting up that
no federal question had been developed
in Pierces answer to Chief of Police
Creecy's return to the habeas corpus
proceedings, and that this was not
case for federal jurisdiction.
"Our contention will be-" said Judge
Barclay, "that nothing has been devel-
oped in this case that involves federal
cognizance. The only questions raised
are those for the courts of Texas to
consider. The treaty between the
United States and Texas gives the gov
ernor of Missouri the right to deliver
q prisoner to the state Of Texas, inde-
pendent of the federal government"
Judge Priest began arguments in be-
half of Pierce by offering as exhibits
copies of the extradition papers hon.
ored by Governor Folk and of the in
dictment returned by the Texas grand
jury of Travis county. He took up the
indictment, section by section, and dis
cussed it at length. He declared that
as the Waters-Pierce Oil company did
not exist until May 20, 1900. it was not
possible for it to have entered into
any pool or trust before that time.
Company Forms Pool
The Indictment charges that the COM
pany was in a pool and trust from Jan
uary 81, 1900, to May 81, 1900, and on
every day during that time was en-
gagged in issuing trust certificates to
agents of the Standard Oil company
Judge Priest declared that the charges
were reckless, were not made for the
purpose of bringing the petitioner to
justice but for some other purpose,
which he did not mention.
He said the indictment showed by its
construction that either there had been
no witnesses examined by the grand
jury or they had not properly consid-
cred the matter.
JuQBe PRIEST uecldfeu LnetL lloLWltH-
standing the outside literature" of the
day there was ample law for the dis
charge of the prisoner by the court. He
contended that the indictment was a
mere expression of the opinion of the
Texas grand jury.
He declared there was ample preee-
dent for the court to exercise jurisdic-
tion in this case and inquire into the
suffleiency of the indictment himself,
L. h 1ff4I1
the prisoner was held.
Federal Judge Adams late today took
the case under advisement until May
10.
Sheriff G. S. Matthews of Austin sat
in the court room today ready to take
Pierce into custody and start to Texas
with him tonight in case Judge Adams
denied the writ.