Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-04-02
Hammond Under Subpoena.

Hammond Under Subpoena.
Mr.. Hammond is under subpoena Of
the District Supreme Court to give his
testimony before leaving the jurisdic-
ton. The order of the court was Sc
cured by Attorneys Cuttings & Cham
berlain, representing Mr.. Sully, on the
to the court that they
feared if Mr.. Hammond left for London
without giving his testimony he might
not return to Washington when the
case Is reached for trial on the court
calendar.
Such contingency, they pointed out,
might prejudice the case of Sully by the
loss of opportunity for his counsel to
the millionaire.
Hammond Before Examiner.
In obedience to the courts subpoena
Mr.. Hammond. with his counsel, Attor-
ney Philip Walker of the local bar. ap-
peared yesterday at the office Of Albert
Harper. an examiner in chancery, to
give his version of the dealings with
Sully i'm connection with the acquiring
of the patent of Willard d. Dorernus for
a cotton gin, and the subsequent forma-
tion of the securities company. with E
capital of $1O,O0O.O0O. Attorneys fol
Sully. with their client. were on hand
TO hear the testimony Of Mr.. Hammond
and to formulate the questions to be pro-
pounded to him in an effort to secure ad-
missions favorable to their client.
Two Disputes Come Up.
Counsel. however, did not have plain
sailing in the taking of the testimony.
Two difficulties arose. One was taken to
Justice Barnard and resolved by him In
favor of Mr.. Hammond; the other
the session for evidence yester-
day to a halt, with the understanding
that the opinion of Justice Barnard there
on shall be taken next Wednesday.
Sully's counsel first sought. by a sub
poena "duces tecum," to compel Mr..
Hammond to furnish and have read into
the testimony certain letters which. they
claimed. are material to their case. At
torney Philip Walker, for the millionaire,
objected, and when the matter reached
Justice Barnard yesterday, insisted tnat
Mr. Hammond needed these papers III
the preparation of his defense. He claim
ed the defense might be prejudiced by
giving the information to the plaintiff S
counsel in advance of the trial.
The court held with the defendant and
said he would not now require Mr.. Ham,
mond to produce the desired letters.
Original Contract Called For.
The matter that disrupted yesterday 8
hearing was a request from Attorney
Cuttings that Mr.. Hammond produce the
original contract made between Sully,
Hammond and John P. Miller, a former
local newspaper man. in connection with
the acquiring of the controlling interest
in the Doremus gin. Mr.. Hammond. on
advice of counsel, declined to surrender
the paper and also refused to Identity
as copy paper in the possession OF
Sully.
Counsel then agreed to take ruling
from Justice Barnard. and the hearing
adjourned until next Wednesday.
Hammond Tells About Invention.
Mr.. Hammond in his testimony at the
short session yesterday said that his at
tention was first called to the Doremus
patent by J. ]. Welch Of New York and
that he asked Sully to investigate the
matter Sully, he claimed, made a ia
vorable report Of the patent. declaring It
would revolutionize the cotton ginning
industry Of the world. Mr.. Hammond
stated he took up the matter with the
Boston bankers, Kidder. Peabody & Co..
and plans were made for forming a cor
poration to purchase the patent.
The witness said he subsequently en-
ployed other experts to investigate the
Doremus gin, and they reported that It
was not in a commercial condition. but
aad in 1t elements which might be de-
1eloped satisfactorily.
At this point the demand for the con-
tract was made and the session closed.
Mr.. Sully's Claim.
When Mr.. Sully was later asked by a
Star reporter about the alleged failure
of the Doremus gin to Withstand the
test Of the experts. he declared that the
test was not a fair one. Mr.. Sully stated
that the experts took a working model
only of the Doremus gin and placed 1t
In competition with full-hedged gin Of
another make, and expected the model
to bring forth the volume Of cotton pro-
duced by the real gin.
No Answer to Sully's Suit.
No answer has been filed by Mr.. Ham
mond and Mis- codefendants to the suit
of Mr. Sully to recover 81 100000 dam
ages. The time allowed by rule Of court
has not expired. 1t is expected, however.
the defendants will merely enter the
formal plea of mot guilty" Any tes-
timony not elected by counsel for Sully
at the hearing in progress before the
examiner will probably be reserved BY
Mr. Hammond to present in hts defense
when the case comes up for trial in
court.