The Thomas A. Edison Papers Digital Edition

Transcription

Letterhead of Louis Hicks, Counselor at Law and Proctor in Admiralty,
25 Pine Street,
New York,
Aug. 7, 1902.
Thomas A. Edison, Esq.,
Llewellyn Park,
Orange, N. J.
Dear Sir:
I hereby give explicit notice to you, to your counsel, Frederick F. Guild, Esq., of [illegible overstruck text] Newark, N. J., and to the solicitors of record, Messrs. Robinson, Biddle & Ward, in the suit brought against you, the National Phonograph Co. and others, in the U. S. Circuit Court, Southern District of New York, for which purpose I send a copy of this letter to each of you. 
On July 31, 1902, his Honor, Judge Lacombe, on the relation of the New York Phonograph Co., signed an order directing you, Thomas A. Edison, to appear in person before the Circuit Court of the United States for the Southern District of New York, on Aug. 6, 1902, at 12 o'clock noon in the Court Room at the Post-Office Building, in New York City, to show cause why you should not be punished for contempt by reason of your neglect and refusal to obey the subpoena served upon you on the 18th day of July, 1902, directing you to appear and testify and to bring with you certain documents before John A. Shields, at 11 o'clock on the 25th day of July, 1902.
When the motion to punish you for contempt was called on the 6th day of August, 1902, I stated to the court that I had been unable to serve upon you, Thomas A. Edison, the order to show cause why you should not be punished for contempt, I requested Judge Lacombe to adjourn the motion till Wednesday, Aug. 20, 1902, at 12 o'clock noon when the motion will be called again far before the Circuit Court of the United States at the Court Room in the Post-Office Building, in the City of New York. It is very clear to me not only that you failed to obey the inititial subpoena, but that every effort is now being made by you and those acting with you to prevent the service upon you, Thomas A. Edison, of the United States on the relation of New York Phonograph Co. vs. Thomas A. Edison. order of the court. Your counsel Mr. Guild, to whom you referred me, has given me no explanation whatever as to why you failed to appear and testify in accordance with the subpoena, and, although I notified Mr. Guild, on Monday, Aug. 4, of Judge Lacombe's order and notified also the person in charge of your laboratory and notified also Mr. William E. Gilmore, your business associate at Orange, New Jersey, of the said order directing you to appear before Judge Lacombe on Aug. 6, as above stated, I could obtain no information as to your whereabouts. Your counsel, Mr. Guild, refused to accept service of Judge Lacombe's order for you. My representative, Herbert W. Andem, called at your residence and at your laboratory Aug. 4, 1902, stated at each place that he desired to [illegible overstruck text] serve Judge Lacombe's order upon you and was informed that you had been away for a week and would not return for a week. Mr. Guild informed me that this statement was incorrect, but Mr. Guild refused to tell me when he had last seen you. Mr. Gilmore, on the same day, Aug. 4, told me when I inquired from him over the telephone that he understood that you had received a telegram from Akron, Ohio, and that you had gone there.
I desire a direct and positive statement from you as to whether you are seeking to avoid the service of Judge Lacombe's order directing you to appear before him Aug. 30, 1902.
Yours truly,
Louis Hicks
Counsel for New York Phonograph Co.