The Birmingham age-herald., 1907-05-09
ARRESTED
 ON TEXAS WARRANT
! cad of Waters-Pierce Oil Co.
 Charged With Perjury
SURRENDERED HI MSELF
Indictment Is Part of Campaign of Texas to Convict Oil Company of Violating Antitrust
 Laws.

St. LOUIS, May S.-InrOugn ms aIlOrHeyi J. D. Johnson, H. Clay Pierce, chairman of the board of the Waters-Pierce Oil company, surrendered himself today on the indictment returned against him in Texas, charging perjury in an affidavit he made to the attorney general of the state of Texas. The purpose of the affi- davlt being to reinstate the Waters-Pierce Oil company in the state of Texas from which 1t had been busted from doing business on the grounds that it was a part of the Standard Oil company.
 While MT Pierce was on his way to the four courts former Judge Henry s. Priest, one of his attorneys, appeared in the United States circuit court before Judge Adams to ask for writ of habeas cor pus, directed against the police depart ment, commanding it to produce MT. Pierce. The writ was issued by Judge Adams, returnable forthwith, and it was said by the clerk of the court that as soon as it could be served on Chief oe Police Creecy MT. Pierce would be taken to court.
 The statement was made by Detective McCarty that Pierce was arrested on a state warrant, issued by Governor Folk, which makes extradition papers unneees- sary to take Pierce to Texas. Pierce had been out of St. Louis for some time, having returned yesterday or today from New York.
 Attorney Priest, in the application for the writ, entered a general denial to the charge that MT. Pierce had sworn to a false affidavit.
 Attorney Johnson made the following statement concerning the purpose of the habeas corpus proceeding:
 MT. Pierce is being deprived of his liberty in violation of the United States constitution, and he will fight extradition in the federal courts here. This will re- suit virtually in trial of the perjury charge in St. Louis. All it's local phases will be argued here.'
 After the writ of habeas corpus had been read to Chief Creecy at the Four Courts, MT. Pierce, in the custody of Chief of Detectives Smith, and accom- panied by Attorneys Priest and Johnson, was taken to the United States district court before United States Circuit Judge Adams. The court set 10 o'clock next Saturday morning as the time of trial on it's merits of the habeas corpus proceed ings against Chief Creecy to prevent
 
 Pierce was then released on bond in the sum of $10,0O0.
 Assistant Attorney General Lightfoot of Texas, who is here taking depositions in civil suit against the Waters-Pierce Oil company, was in the court hoom, but he is not connected with the arrest of Mir Pierce
 Attorney Johnson representing MT. Pierce tonight issued statement. After detailing the events concerning the ar rest. MT. Johnson said;
 This indictment apepars to be a part of a campaign inaugurated by the attor- ney general of Texas against the Waters Pierce oil company, for yesterday in the examination of John P. Gruet, Jr., in the suit of the state of Texas against the Waters Pierce oil company, it ap- peared that MT Lightfoot. assistant at torney general had entered into a writ ten contract with MT Gruet. Sr., to pro- duce testimony to convict the Waters Pierce Oil company. and also to convict H. C. Pierce in a criminal proceeding then contemplated to be brought.
 '1n consideration for this MT. Gruet Sr., was to receive large share of such penalties as might be recovered against the oil company in the state of Texas"
 Mir Johnson then quotes telegram to Gruet signed by Lightfoot, which states that Gruet is employed to assist the state of Texas in obtaining evidence against the Waters-Pierc oil company and against H. Clay Pierce. It also provides that Gruet shall testify in proceedings both against the company and Pierce. Follow ing 1t says:
 Tn consideration whereof the state of Texas will pay the actual necessary eX- penses of said Gruet in attending said tiials, and as a further compensation for time lost and valuable assistance as above detailed the said Gruet shall re- ceive one-third of the commissions al- lowed by law to the prosecuting officers in antitrust suits, provided said penalties are collected otherwise. he sail receive one third of only such amount as shall be collected, and in event no judgment is secured, or penalties collected, then his compensation will be his actual expenses as above set out.
 "In the event of the death of said Gruet before final judgment is rendered, his interest in what commission is col lected, shall be paid to the estate of said Gruet. J. P. LIGHTFOOT.
 Assistant Attorney General"
 Under the Texas laws counsel for MT. Pierce assert the district attorney of the county in which antitrust law suit IS brought received 25 per cent of the pen alties accruing from the prosecution.
 Assistant Attorney General LightfooL was asked if he had entered into any such compact with Gruet.
 "I had an agreement with Gruet on behalf of the county attorney of Travis county said Lightfoot.
 Asked if the agreement introduced be- fore the commissioner was the one he had made with Gruet. he said:
 "I decline to discuss that now.
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 Atlanta Convention of Trainmen.