Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-05-01
White Star Officers Disobey
Summons in Damage Case.
ALL LEAVE FOR NEW YORK
Testimony Desired for Future Use
by Widow of Titanic Victim.
ATTACHMENT MAY BE ISSUED
Witnesses Claim Exemption From
Penalty for Contempt Under
Provision Of Law.

Three of the men brought to Washing
ton to give evidence before the Senate
investigating committee relative to the
sinking of the Titanic and who were ex-
cused by the committee yesterday, may
be returned to this city on attachments
issued by the District Supreme Court
The three men, J. Bruce Ismay, Charles
Lightoller and Joseph G. BoxhalI, left the
city yesterday afternoon. after having
been served with subpoenas to appear be-
fore the courts referee and give testi-
mony to be preservd for future use in
the case to be filed later by Mrs. Louise
Robins. whose husband George Robins
Col. John Jacob .Astors valet was
drowned when the Titanic went down.
justice Gould yesterday appointed At
torney Ralph ID. Quinter TO act as ref
cree, to hear statements made by Ismay
Llghtocler and Boxhall. Subpoenas, in
admiralty proceedings, We're served on the
,hree men. who We're directed to appear
before Referee Quinter in his office at 3
o clock yesterday afternoon.
AT the hour set for the hearing none
OF the men had appeared, and it was de-
cided TO issue new subpoenas for them
The new papers We're issued in equity
proceedings and were made returnable
forthwith.
Service Is Accepted.
Lishtoller and Boxhall were located by
United States Deputy Marshal Roberts
at the Union station. where they were
about to take train for New York
The men We're served with subpoenas
duces tecum, and accepted service. An
attorney who accompanied the two for
mer officers of the Titanic, after reading
the papers. turned to Marshal Roberts.
Now. officer, you have done your duty
haven't your
When the officer replied in the affirma-
i've the attorney advised Lightoller and
Boxhall to pay no attention to the SUBJ
poenas, and the trio passed through the
gates and boarded the Congressional
Limited, leaving for New York at 4
o'clock.
United States Deputy Marshal Hawkins
was given one of the new subpoenas to
serve on Ismay at the New Willard.
ismay, however, could not be found, and
shortly after o'clock yesterday after
noon clerk at the hotel Informed At
torney Micou. acting for Mrs. Robins,
that the White Star line director had
given up his room at the hotel about
o clock yesterday afternoon, before going
to the Capitol. and had left word that
he would not return. By that time, how
ever, 1t was impossible to reach Ismay
with the new subpoena, as he had left
for New York. where he arrived at .
o'clock last night
1t was stated today that efforts will be
made to secure attachment for the per-
sons OF the three witnesses, and that IL
this is done they will be brought back to
washington to appear before Referee
Qulnter. 1t was also stated that an
effort will be made to cite the men for
contempt, Is it was declared that their
action in ignoring the summons of the
District Supreme Court placed them in
direct contempt Of that court.
Two Views of the Law.
Some doubt exists, however, as to the
status OF the men who so calmly de-
Ned the court summons. Under the
law, witnesses who are subpoenaed for
examination are immune from service
Of further subpoenas for a period Of
twenty-four hours after they have
been excused on the original summons
II this rule applies to the three men
served yesterday no action in contempt
can lie against them, and their return
to Washington will be voluntary, if
they finally come, as the local court
cannot compel their attendance unless
they are found within it's Jurisdiction
which extends only to the District lines.