The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1910-03-28

noon To-Day Tor every assistant In the
laboratories Of DR.. Hektoen and DR..
Haines.
I'VE want to find out IL anybody
could have tampered with the visceras
while they were being analyzed other
than the chemists themselves" one Of
the Hyde attorneys said In explana.
ton Of this action.
Hektoen Refused to Appear
John Atwood. who was representing
the defense at the taking of deposit
tions. said such q thing was entirely
outside Of the realm Of possibility. It
is not believed that the assistants will
appear In answer to the subpoenas,
but will follow the example Of their
chiefs and refuse to appear on advice
OF counsel.
+ Doctor Hektoen said he would not
appear at the taking of dispositions
until his counsel advised him to.
John NJ. Herrick, his attorney, at once
announced that he would not be pres
ent today nor tomorrow nor any time
in the near future.
Il shall decline to answer the sub
poena served upon me-" Doctor HEX
toen said. II am q busy man and
cannot take the time to appear at any
notarial sess'nn where It is not me-
believe on 'a4e near today to give
my reports a. Ill not. They
shall not be mao e>, until be-
lieve the proper tims .cc2- me-"
When asked when tMStZ> time
might be, the scientist rephy
Probably not until the tr.> 4as
begun. I will then give my reports
in court"
An Attachment for Hektoen.
A writ Of attachment was issued for
Doctor Hektoen by the notary, John
Madigan. Whether he will have to ap-
pear, to testify or not will be deter
mined by the circuit court here.
Doctor Haines, the other witness.
for whose testimony the Hyde attor-
neys came to Chicago, is out Of the
city. He is in the east, SO his at
torney said this morning, and would
not be back for several days.
It was wild story that Edward
Horascher, the only witness at the
depositions this morning, related. It
was he who subpoenaed the two sci
entists to appear at the session today.
Hung to the Scientists Cost Tails.
when I went out to subpoena DIR.
Haines," he said Doctor Hektoen
told me he was out of the city. l then
went over to his laboratories to see for
myself. An assistant met me at the
door and said: Doctor Haines is out
Of the city, thought I'd better stick
around, and sat down on the steps of
the laboratory. Pretty soon a student
came out and said. Is Doctor Haines
inside?' Sure he replied. He is
juss finishing his lecture to his
Glass;"
TLsn the witness told Of waiting
for the scientist to appear. About q
half hour later Doctor Hainese stuck
his head out Of the door, 20 the Wit
ness said, and peered up the street
to see IL anybody were waiting. The
subpoena server hid until the scientist
was going down the steps.
'The minute Doctor Haines saw
me-" the witness continued, "he start
ed to run for the Offices of Rush Medi-
cal college. chased him and caught
him just half way up the stairs, but
still he would not stop. grabbed his
coat tail and hung on until he got
to the Office and tried to slam a door
in my face"
Will They Go to Ann Arbor2
After the subpoena server had gone
inside the room, Doctor Haines de-
MED that he was the man wanted. The
subpoena was served upon him, new
ertheless. But the much-wanted sci
enlist did not appear today, in answer
to the summons.
John Cleary, an attorney for Doctor
Hyde, visited Doctor Hekton in his
laboratory today and formally de-
manded that Hektoen appear to give
his testimony in the Paxton libel suit.
Doctor Hektoen again refused to ap-
pear.
Doctor Hektoen says the liver and
other parts Of the viscera Of Chris
man Swope now are at Ann Arbor
under the control of DR.. Victor
Vaughn. The viscera of Thomas H.
Swope, he said, still is in the labora-
tory of Doctor Haines at Rush Medi-
cal college.
Frank p. Walsh. Doctor Hyde's
chief counsel, refused to say whether
an attempt would be made to get pos
session Of the visceras or not. How
ever, 1t is not believed that such &C.
ton will be taken.