Omaha daily bee., 1907-05-16
PIERCE NLOSES POINT
Missouri Court besides Habeas Corpus Case
Against Oil kagnate.
JUDGES SAY HIS DEFENSE is POOR
Language Of United States Supreme Court
In Similar Case Quoted.
PLEA OF LIMITATION IS REJECTED
Abssnos Of Defendant from Texas Must Be
Taken Into Account
TWO APPEALS WILL BE FILED At ONCE
Defendant f. Released on Bond Of
Twenty Thousand in Each APP
peaI-OmciaIr from Texas
Are EIated.
TWO APPEALS WILL BE FILED At ONCE

u. LOUIS May BIN the circuit court
Of the United States for the eastern divi-
sion Of the Eastern district of Missouri
Judge Adams today denied the application
OF II. Clay Pierce, chairman Of the board
Of the Waters-Pierce Oil company for
writ OF habeas corpus and ordered that the
petitioner be remanded to the custody of the
chief OF police to be delivered 20 Sheriff
George 8. Matthews Of Travis county,
Texas. for extradition. Pierce is wanted
IN Texas to answer to an indictment charg-
ing perjury in an afhdavit made by him
In May, 1900 to the effect that the Waters
Pierce OH company was not party TO
any pool, trust confederation or combina-
tion in restraint of trade.
After Judge Adams had read his deci-
sion Attorney Priest Immediately asked
that a delay Of execution of the courts
order be granted until 2 o'clock this after
noon 10 enable him TO decide whether TO
make an appeal to the United States court
Of esssTyeaIH or directly to the state supreme
court. Judge Adams granted the request.
Attorney Barclay, representing the state
of Texas, asked that the court Increase the
bond OF 10000 under which Pierce was re-
leased from custody when he surrendered
on May s. But Judge Adams stated that
the bond would remain at that amount un-
sil o'clock this afternoon. MT Pierce
with his attorney. He spoke to several
friends who crowded forward to shake his
hand. but made no comment.
Decision OF Court.
In his decision Judge Adams reviewed the
Texas indictment and the grounds upon
which u was based and cited a number Of
supreme court expressions concerning the
framing OF indictments. The decision con-
tinued
Such are the more recent EXPRESSIONS OF
the supreme court OF the United States
on this question. They amount to this.
60 fairly and fully apprise the accused of
the nature and cause OF the accusation
Ms, defense and plead the Judgment which
may be rendered in the case for his pro-
ssSsioh ss asashse ahVthsI 1, chaLge i9I tne
~ q full IN his CONSTITUTIONAL right to n
fair are Impartial trial no imprncticable
finement, which tend TO defent justice or
eInbarrass is administration, should be
Texas; IAN Indictment for any offense
against the penal laws OF this state shall
Commission Of the offense in ordinary and
concise language in such a manner as 10
enable person of common understanding
70 know what is meant" Article AS, penal
code OF Texas.
h the light Of the foregoing controlling
4 president OF a corporation, whose duty
It was as its chief executive officer To know
what kind OF agreements were made. pur-
auPnt TO a law recurring him to do so,
were to make an afadRvit that his COM
pany was not or a given day a party to
dx the price or limit the production OF an
article OF manufacture. the affiant could
ing In that particular, that he could not
understand the nature OF the charge; that
assalSE was tba3 not 9pParent to 9emmon
preston OF an opinion without knowledge
OF It's meaning when taken In connection
dictment in the partfcu@IaTs lar dis dseusseS eS n, n
my opinion. states the substance OF an
dition laws Of the United States 'ie eA'rs-
II Is argued that because the Indictment
sEe was cnasin not toG1d within three years after
Tor y IS barred by the statute OF limita-
.tons. which Is three years That argu-
60 be true that the petitioner hss beer ecu,
6bsent from the state OF Texas during q
part Of the time since 1900 II SO the dIIra-
tion Of such absence would not be incindsd
IN the period of limitation.
After a considerable conside gation N
able argument OF counsel for both sides the
conclusion is irresistible that the sub,
stance OF an offense ls found in the indiet
neflt and that jurisdiction rests alone WIFI
the courts of the demanding state 10 mas
upon any question which may arise IN II,
conaideration and trial The prisoner mus
be rensnded and 1t is so ordered.
Pierce VisibIy Affected.
uCClElOU
Judge Adams. Mr.. Pierce maintained com
posuse outwardiy. but Il was evident n,
was laboring under mental stress II,
placed his hands in his trousers pocket
and braced himsels hack in his chair
closely scanning the Judges face TSyic,
he glanced hastily a, the clock hanging OF
the wall, but aside from thlt ne neve
moved a muscle during the delivery Of tn
ontnion. His counsel, Attorney Priest. wa
visibly disconnected by the strain durinl
the reading, his hands trembling and I'm
gers fumbling with bits OF torn paper an,
he frequently shifted his position In hi
chair Opposing counsel. Attorney Barclay
calmly listened TO the reading and fre
quently made notes on a pad before him
shern Matthews from Texas stood bacl
IN the crowded court room intently listen
ing 20 the reading and a smile spread owe
his features as the court pronounced tn
words remandlns Pierce TO his custody.
As soon as the reading had been con
eluded a number Of persons crowded abou
Pierce and others about Sherin Matthews
Judge Adams was forced to call upon tn
bailin TO command order. Attorney Prizes
then requested delay in execution OF tn
courts order until o'clock this afternoon
which was granted and court adjourned
A After shaking hands with a number o
friends Mr.. Pierce and Attorney Priest hur
riedly departed.
When court reconveneo ct 2 O'Clock AZ
torney teNt counsel for the petitioner
gave notice formally that two appeal
would be taken from the decision q
Judge Adams, one to the United state
court OF appeals, and one to the Unite
states supreme court. The court then ad
mftted Pierce to bond IN the sum OF 900
on each appeal
pierce WIN surrende,
The following telegram was sent by NJ,
Pierce this evening 70 Attorney J. D. Johr
son Of 50. Louis. who is now IN Aust,
Please announce through the press thu
although have appealed from Judo
Adams decision, ! VIII as soon as ] "a
auange my business alteirs IN New YOri