New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-09
H. c. PIERCE LOSES AGAIN
Court Refuses to Reopen SILL
900 Judgment of Mrs. RyCroft.
ILLNESS HIS EXCUSE
Afidavits Contradicted by Others
Saying He Fished and Enter
tanned in Florida.

Justice Brady denied yesterday the mo-
ton made by Henry Clay Pierce, Of the
Waters-Pierce Oil Company. to reopen a
default judgment obtained against him by
Mrs. Alice g. Rycroft for Sl7l,O00
The court decided that Pierce had not
satisfactorily excused his default. which
was that at the time the case was called
for trial the oil man was H. Pierce sub
! mitted, besides his own affidavit, in substan-
tiation of his statement, affldavits by his
wife, his son. Clay Arthur Pierce: his two
physicians. DR.. William T.. Sauer, of St
Louis. and DR.. James Peterson. of this
city, Judge Henry S. Priest, personal coun-
sci. and several officials Of the Waters
Pierce oil Company.
In contradiction to these affidavits were
those of the head waiter and room clerk of
the Royal Palm Hotel NJ Palm Beach.
which is owned by the Florida East Coast
Hotel Company. with which Henry NJ
Flagler, Of the Standard oil Company. is
prominently identified.
Pierce stayed at the hotel part Of the
time he was recupsrGing from an opera
ton. and the two employees said that ne
looked well and enjoyed the festivities OF
the winter season.
The operation, said Pierce. was performed
in January. and in February, when he went
TO ST. Louis to attend a meeting of the
Waters-Pierce Oil Company his physicians
advised him to take a rest, as they feared
a relapse
He went to Palm Beach on February IS,
hired steam yacnt and went cruising
without permitting himself to be annoyed
by any business matters.
Pierce denied that he and his wife took
part in any OF the social functions at the
Hotel ROYAL Palm. The only time he was
in the ballroom was when he and Mrs.
Pierce passed through on their way to
their apartment. The other affidavits filed
In behalf OF Pierce CorrobOrated his state
ments and said he looked wan and haggard
and in danger of a collapse. The two ply
sicians said the oil man was worried by
business affairs
Alfred Simons. room clerk az the Hotel
Royal Palm, swore he talked with Pierce.
and that the latter's trip in the yacht was
fishing trip There was no evidence of i'll
health according to Simons. and he took
part in the entertainments The head
waiter added that Pierce appeared in good
health Mrs Pierce denied I'm her affidavit
that she and her husband did any enter
tanning
The suit OF Mrs. Rycroft was to recover
securities valued at sl7lO0O, or the value OF
the securities. which she had intrusted 10
Pierce and which she said he had con
verteG to his own use. Pierce denied this.
and said that he had turned the stocks
over to the brokerage firm of Post & Flagg
on the written order Of Mrs Rycroft and
had paid out Of his own pocket Sl2,t'2, for
which he brought a counter suit.
Besides his defence that he was too III
to attend the trial Of the suit. Pierce said
in his application to the court for an order
vacating the attachment that he had
good defence TO the action Of Mrs Rycrott
Sheriff Law OF Kings County few weeks
ago attached the steam yacht Yacona. be-
longing to Pierce. on the judgment held by
Mrs Rycroft. Pierce obtained stay OF
execution and II he now appeals from the
decision of Justice Brady there VIII be
further stay Of the sale Of the yacht