The San Francisco call., 1910-03-02
ASK THAT COURT
STOP DISPOSITIONS
Attorneys for John D. Spreckels
and Officers of Union Trust
Argue Before Murasky
Charge That Activity of Rudolph
and Gus SpreckeIs Is a
Fishing Expedition

Attorney ". l. Brobeck, representing
John D. Spreckels. and Attorney S. NJ.
Erhman, representing the Union trust
company and its officers. secured from
Judge Murasky yesterday further op-
portunfty TO argue the motion to dis
continue and dismiss the taking of
dispositions of Iohn d. SpreckeIs, 1. w.
Hellman Sr l. w. Hellman Jr and
others in the proceedings brought by
Rudolph and Gus Spreckels, executors
OF the estate of the late Claus Spreck-
els, against the Union trust company
TO have the banking corporation re-
moved as trustee of the S5,000.0OO bond
issue of the Oceanic steamship COM
psny.
Further argument on the motiop viii
be heard Friday morning. Attorney
. Matt I. sullivan appeared for Rudolph
and Gus Spreckels. Attorney J. j.
DHnns was associated with Brobeck in
the interests of the defendants.
The contention Of John D. Spreckels
and the Union trust company has been
that Rudolph and Gus Spreckels wanted
10 take the dispositions of officers and
former officers of the Union trust COM
psny merely for the ulterior purpose of
securing information concerning the
business secrets of the defendants in
the Oceanic steamship suit.
q FISHING EXPEDITION
They are attempting by fishing ex-
cursions to secure facts outside the
issue of this case" declared Attorney
Brobeck in his argument yesterday.
ITO. prove that, We desired the testi-
mony Of certain witnesses whose affi-
ldavits can not be secured except by
deposition. Among those witnesses
whose testimony we desired was Stan
ley Pedder He refused TO answer all
questions on the advice of his counsel
and counsel objected also to all ques-
tions put TO H. d. Wooley. When it
can be shown that dispositions are not
taken in the interest of justice, as is
the case here, the court, we are conf
dent, viii not entertain motion for
taking dispositions. Will Rudolph
Spreckels give US an affidavit TO the
facts which he knows to exist?"
He wiz give it any time began
Matt Sullivan.
we have been chasing him all over
town for three days" returned Bro
beck.
Brobeck argued that the question of
whether or not the depositions were
taken in good faith or for the purpose
of establishing a basis for foreign and
future litigation was the important
matter at issue.
Eve are entitled" he said, Ito dis
continuance of this attempt to invade
the business of this defendant, tie
Union trust company. We do not de-
sire TO answer these questions because
we believe these men are not acting in
good faith These men are attempting
TO get information for secret, foreign
use"
s.wia you swear to that?" asked Sui
livan.
WITNESSES MOUTHS SEALED
1T is you declared Brobeck, turning
10 Sullivan who are in the position
Of not having your witnesses testify.
Tnseal their tongues and il viii de-
velop what this issue is. The witness
has rights which rise superior to those
OF 2 party in the action
Judge Murasky inquired If the point
was not that where q deposition was
not taken in good faith, that fact was
sufficient TO dismiss the action.
Attorney Ehrman outlined the issue
briefly. The question" he said, lis
this: Has a party the right to attack
the good faith of an adverse party
when q deposition is to be taken?"
Mn sullivan said Judge Murasky,
"that is the gist of the matter
Sullivan referred again to the depo-
sitions of Stanley Pedder and H. w.
Wooley, which were to have been taken
by the Union trust company and ]. D.
SpreckelS Monday afterpoon Tor the
purpose of showing Interior motives on
sthe part OF Rudolph and Gus Spreckels.
WOULD COMPEL TESTIMONY
Pedder had refused to testify on the
advice of HIS counsel. Sullivan. and
Wooley testified while Sullivan objected
10 all interrogations.
Brobeck said that Friday he would
raoye for an instruction of the court
directing Pedder TO answer all ques-
tions.
The dispositions which Rudolph and
Gus Spreckels desire TO have taken and
10 which the Union trust company and
John D.. Spreekels object on the ground
that the facts desired TO be ascertained
have nc bearing on the case and are
wanted for ulterior motives, are those
of the following. John d. Spreckels,
T. w Hellman, I. W. Hellman Jr., H. w.
Thomas, Charles J. Deering, Herman
Imn Luven, ". d. X. Gibson and F. S.
Samuels.