Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1922-09-20
Embarrassment of
U. S. Transport Co.'S
Leads to Continuance


Portland, Sept. 19.-Embarrass-
ment of the defendants counsel by
alleged intimations that trial might
not be demanded at this term led 10
another continuance in the United
/ States District Court today OF suits
brought by the Federal Government
against the United States Transport
Company, one of the subsidiaries of
-, the United States Steamship Com
| pany, to recover for the hire OF five
steamships at the rate of $36,52O a
month, the hotel amount involved
being more than $4,000. The ships
| named in the actions are the Hart
! ford, Holland. Namequeeg, Quin-
nipiac and Worcester.
Continuance was granted Gy Judge
John A. Peters until Nov. 3. when
these matters will be heard without
| jury on the question of the law and
| facts. In granting the request of
| Judge Nash lockwood of New York,
one OF the counsel for the defense.
| Judge Peters stated that he did so
| solely because of the embarrassment
| to which Judge lockwood and his
| associates had been subjected, and
| which he termed neither reasonable
| nor fair, and cast aside all other rea-
sons advanced by the New York at
| torney, one of these being that issues
| involved in these cases also figured
| in the trial of cross suits between
J the Morse interests and the emer-
| gency fleet corporation. which come
| to trial in the District of Virginia
| on October %.
| Letters received by District Attor-
ney Fred r. Dyer. from which he got
the impression that the government
wasnot anxious to try the cases at
| thisterm and a subsequent telegram
| to him insisting the trial be begun.
were read to Judge Peters. and it was
state by Judge lockwood and Arthur
s. Littleficld. another of the defend
| ants attorneys. that when the infor-
nation contained in the letters was
! conveyed to them they took it for
| granted that continuance would be
| granted. Judge lockwood informed
the court that lie was without prepara-
| ton for trial, having no witnesses
| present, and had had no opportunity
to examine the books of the company.
A. ~ Stetson, special assistant at
torney for the United States Shipping
Board, argued that the cases should
go to trial today. saying that he had
| witnesses present from Washington
| and other points, and he stated that
i Judge lockwood and the other lawyers
| for the transport company had had
some time in which to obtain the
books. which are now in the custody
| Of tho district attorney in Washington
| District Attorney Dyer also called
| attention to the fact that the books
were stored in the federal building
hcref or about month, being used
| in the removal proceedings instituted
| against Charles w. Morse of Bath and
| Rupert NJ Much of Augusta, and
Judge lockwood replied that every
time he looked over books during the
/ time that they We're here two stood
| over him making notes as to the pur-
i poses for which they We're to be used
| Judge Peters said that the counsel
| for the defense should be permitted to
| examine the books and when District
Attorney Dyer. who promised to use
his best efforts to obtain them. asked
what would happen if the district at
| tornoy having them in custody refused
to surrender them, Judge Peters init
mated that there would be no trial UNI
Ill they had been produced.
| Judge lockwood in asking for
continuance Of the cases as soon as
T: the traverse jury for this term had
/ been impanelled stated that the is
sues in these actions were involved to
some extent in the cross cults to be
tried in the Virginia district, and he
urged that there be postponement
here until those actions had been set
| tied. He also reviewed the criminal
actions against Morse and Much and
| the stipulation entered into here
whereby these were not to be tried
until tn civil cases in Virginia had
been tried. He stated that while he
was appearing in removal proceedings
brought against Harry Morse in Con-
necticut, he received a letter stating
that in all probability the present
cases would be continued and he
thought both Mr.. Dyer and Mr.. Lit
tlefield so understood. In the mean
time the shipping board employed
new counsel, a Mr.. Parker, who in
sisted that the cases be tried at once.
When he informed Mr.. Parker of the
cmbarra ssment to which this decision
subjected him, he was informed that
witnesses We're already on the way
to Portland. Finally Parker in
formed him that he would leave him
to make application to the district
court in this city.
District Attorney Dyer read two
letters that he received indicating
that the cases might be continued, as
there was no desire to embarrass the
criminal actions against Morse and
Much. and he said that he had so in
formed Mr.. Littlefield when he met
him. One OF the letters, which was
from Parker, said that he had in
structed Mr.. Stetson of New York to
prepare the cases, but he did not wish
to emharrass the criminal cases.
Finally 1t was announced by the
court that the cases would be con-
tinued to Nov. 9 and he stated that
the counsel for the defense should in
the meantime have an opportunity to
company. intimating that further
oontinuances might be granted if they
We're not produced by the government
for the use of the defense.