205 F. 827 | D. Conn. | 1913
The complaint alleges that the E. I. Dupont De Nemours Company formed-a combination of various powder makers, including the defendant, to monopolize the interstate business in powder and other explosives, which combination finally and deliberately destroyed the plaintiff’s business September 19, 1908. Threefold
The plaintiff has brought a similar action in the district of New Jersey against the E. I. Dupont De Nemours Company and other corporations, charged as co-conspirators, including the defendant herein, on which, being a Connecticut corporation, service of process could not be had.
The deposition de bene esse under section 863, Rev. Stat. U. S. (U. S. Comp. St. 1901, p. 661) of Charles E. Rideal, residing in the city of New York, more than 100 miles from the place of trial, is being taken. He has been served with a subpoena to testify and produce documents, and he refuses to answer certain questions which are certified by the commissioner to me.
• The first objection made by counsel for the witness was that he had been given but one day’s notice to produce documents, which could not be produced in so short a time, which the commissioner met by allowing an adjournment of 12 days. On the adjourned day counsel for the witness objected on the ground that the witness had been served with a subpoena duces tecum, without being served with a subpoena to testify. This is not so. The subpoena called upon him both to testify and to produce document's.
The witness' did produce one paper, namely, the advance proof of an article entitled “The Five Million Dollar Suit,” referring to the suit brought in the district of New Jersey, in which the plaintiff was very severely reflected upon and the E. I. Dupont De Nemours Company greatly praised. The witness has admitted that a letter dated August 27, 1912, though signed in his name, was dictated, but not signed, by him. This letter is a clear admission that he wrote the article.
In respect to documents, only such as come from the defendant and the alleged có-conspirators should be produced, and if counsel think any such are clearly without the issues the commissioner may submit them to the court.