The Washington times., 1916-08-23
M'LEAN LOSES FIRST
POINT |NtETTERSU|T
Justice Stafford Decides to Dis
solve Temporary Injunction
After Hearing.
CONTINUED from First pase)

subject OF much speculation. 1t has
been asserted some OF them were from
public men, and had historical, interest.
They were delivered to Mr.. Homer, II
is alleged by the American Security and
Trust Company, because under the will
OF the late Mr.. Mclean the trust COM
seek and obtain the benent Of his judy
ment."'
Postponed Several Times.
Hearing on the motion to dissolve the
restraining order originally was set for
August Q. but has been postponed sew
er saI times upon agreement Of counsel.
George P. Hoover. and Wilton J. Lam.
bert represent Edward b. Mclean. At
torneys ]. ]. Darlington and Frank J.
Hogan represent the trust company.
Mr.. Bailey contended that, In Mr..
Homers answer. Mr.. Homer had an
swered only the bill, and not the rule.
After a conference Of opposing counsel
Mr.. Hogan agreed to consider the
rule also. and Mr.. Bailey proceeded
with hig argument.
Former Senator Bailey said the pres
ent action was almost unique.
Records are full Of cases where ef.:
fort was made to restrain publication Of
letters having literary value: they are
full Of those In which the letters were
OF a nature to defame or injure char
acter: but there are only two cases. I
wolves the right Of possession Of per-
cations"
Attorney Bailey then recited that the
late Mr.. Mclean had left, in private
drawers Of his deck. a number. Of per-
sonal communications.
Would Protect Writers.
1--WE. allese these are such as to put
to shame persons in no wise connected
with the conduct of affairs of his es-
tate or with the settlement Of his will.
Others allege that some Of these
letters are from statesmen. well. II
they are. we are not concerned with
should not be published those are the
ones that ought to be published.
but some Of the letters are not from
statesmen. some are not even from
voters. and to these people we felt
Lean desired for them
Ordered To Be Burned?
II any Of the letters held by Mr.. Ho-
mer. Mr.. Bailey said, are such that they
bear upon settlement Of the estate Of
Mr.. Mclean, his side would make no
demand for them. Mr.. Bailey continued:
MT. homer 6dyB tneSo letterB were
delivered to him by an officer Of the
American Security and Trust Company,
with instructions to burn or destroy. Ed
ward B. Mclean, In his bill. says his
father told him. In case of his death. he
or MI. Homer was to destroy these let
tiers. Now. the trust company denies
that these letters were delivered to Mr..
Homer with instructions to burn them
up. There. can be no doubt. we contend.
that they were delivered with. instruc-
lions to burn or to destroy"
Continuing his recital, Mr.. Bailey
said that FOR some reason. of which
we have no proof SO we will not at
tempt to- state the trust company
asked for the re-delivsSy ofsthe let
tiers. He added that '9ne particular
letter. was especially desired.
Mr.. Bailey said he supposed Mr.,
Hogan would contend that II the Lett
tiers were not considered property
they would not be under tho jurisdic-
ton Of the court. and II they were
such property. they would go into the
hands OF the executor.
Property In Special Sense.
He said neither contention is true"
and said the letters were property. but
In a special sense. He said he had
ruled that letters belong both to senders
and receivers, and "other judges have
reduced themselves. In my opinion. to
an equal absurdity"
THE view that when I write q letter