New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-06-24
MUCH CHAFF, LITTLE GRAIN.
TRIAL OF THE NEw.HAvEN DIRECTORS.
MORE TIME SPENT IN DIRECTING THAN IN
HEARING TESTIMONY.

NJ Depew, Edward NJ. Reed, Henry c. Robinson Ma
thaniel Wheeler f. III. TTowbrdge, Joseph Park ana
william Rockefeller watched the proceedings at ther
trial in the Court Of oyer and Terminer yesterday
The room was crowded with witnesses and spectators
and the influence Of the heat created an area ol
comfort which affected judge jury and learned coun
sell and its direfu workings filled the stenoefap"o,
minutes Of the case with the record OF series vi jim
eripgs and disputes on legal points thrVus" 49,
ran thin stream of evidence, insigninean' III ooP
ison with the arguing and objccuhs anu 'as -,
1ectng and ruling, and excepting inc "i"uo" =.
th ooo, the acoustic propcrties Of which are vile at
the best were opened wide and the din OF the s1ee'
was SO much stronger than the voices "a D's'''
torney Nicon and his witnesses that 70 ho'' w.
thing inteligently impossible Inc sea's P,V
vided for the newspaper reporters arc III pc" III Wv
middle OF the room. and to go beyond this pen IS Tres
mass and violation of the rules Of the court seVer
Of the reporters made application TO Presiding JUSTICE
Van prnpt for better accommodations Ihey "ai'e"
70 cit in the corner beside the tury-box, whero' ac
codng to Court Officer Ricketts, none but messenee's
of the Dstrict-Attorney's Office may vonture' Inv
Justce said that he could not do any better Tor te
reporters. LA M a,ve will
zee TO IL that it gallery where the reporters can
rave their ears close TO the mouths OF the witnesses
Tho T,ztr,ct,A Attorney devoted half an hour TO ms
onrn,ue He said that while this prosecution LOT
mIsdemeanor the lowest grade OF crime II was III SOME
spects an unusual prosecution account OF thc Po
so az the men charged with the crime, VINO were iheh
Of vast influence and great wealth
John NJ Bowers objected 70 any statement about 1hc
wealth and influence OF his clients
Mr. Nicoll further said, substantially that "haV
ever the directors might be outside the courtroom In IL
,hcv were even as other ctizens-no more, no less
Then with a passing reference TO the "obc counsel for
t defendants he went Oh 10 outline the COURSE VI '0
antcarstove legislation, which originated, he sad IN
popular sentiment The New Haven Compah! hau III
spite OF this heated It's by the Baker heater ANU
regret to say" continued Mr. Nico with lust II sus-
picion Of Plckwickian touch. "not by the improved
Baker heater Coming to the question OF the response
bilty OF the directors, lie said
Now who are the defendantsi What is their relation
10 cars that run in violation Of the law The eVaehce
will show 10 you the defendants were the directors
of the New-York. New-liaven and haruou i'"iiroau'
and that Nh Clark president Of the railroad company
Another of number was vicepresidcnt oil the fa
road 1t gradually 10 have become notion aiming
railroad directors In this county that they are Ofha'
mental members-ornaments Of board that they have
no duties to perform that they have no responsibility
attached them. and that their sole junction Is 70
meet twice year, and divide up the cssh e"e
corporauon has earned in the intervening period But
that is not the the law regards the ohce oil the
director OF a corporation, Directors In pubic corpora
ton are unlike directors in private or mahuiac'uiels
corporation directors ARE trustees for the pubic
holding franchise OF the corporation ana Responsible
to the public for the management of the franchise
by accepting the Office of director 'hey pieoee @o
discharge the duties when ueNONc uPVh
with diligence and fidelity. They are Obliged 70 give
such attention supervision, to exercise such care
over the Of :he corporation as prnuehV Ihu
of business generally devotes to his own affairs Ihey
are responsible the civil and criminal courts ior gross
negligence resulting in violation Of law by the persons
whom they authorize operate their railroad Inc oi
rectors corporation far as the outside puDc Is
concerned practically the corporation ltseH ohhAo
most corporations who conduct their aisrs through III
executive board Of their number, this corporation
which originally had an committee, abolished 1t
some years ago. and took back to the trustees or directors
all the power"
With the examination Of the first witness, Lucius
Tuttle general manager of the NewIiaven road began
a legal battle which ragged all the long day. the
defence drew first blood. Mr. Ncol asked Mr. Tuttie ;
sSnce YOU have been manager OF the company, what
system Of heating its has been usedl"
Mr. Bowers objected TO this question: and his OBJ
lection was sustained.
Do you know how the passenger cars nave oeeh
heated IN asked Mr.. Nieoll, rallyng.
Mr.. Bowers objected. objection sustained
Mr. Nicops ground, which he WIS successfully
sssailed by Mr.. Bowers was that he had the right'
notwithstanding the fact that there was particular
day February 90 1901 mentioned in the Indictment
10 prove the violation of the anticars stove act for
any other day in the two years or more previous
The court ruled that he had stated particular
DAY in the Indictment his proof must be conhneo 10
tho violation of the statute on that day
Then Mr.. NicoA finally put the question to Mr.
futile in this way: Do you know how the passenger
cars a the New.Yori, New Haven and Hartford road
were heated on February 90, 1s917'
The witness said he did not.
"Then do YOU know how the cars were equipped
for heatngf"
ayes, sir They were equipped with the Baker
heater"
"what is the Baker heater'"
at is an appliance placed i'm end Of a car, in
which there is coil of pipes, from which other
straight pipes 20 into the body Of the which con-
tain water The water is heated by fires placed in
the Baker heater-coal fires"
So far as the witness knew. the cars were heated
with the Baker heater the day in question, but he
had no personal knowledge Of 1t.
Gudon J. Poet. a conductor: Clarence a. Simmons,
who looks after the heating Of Of the NewIaven
road cars o. NJ. Shepherd division superintendent,
and James Denver master carbullder. were called TO
establish the fact of the use OF the Baker heater.
Will the aid of the secretary of the company Will
lam D. Bishop, IT.. and the minute books Mr., NicOll
began the attempt 10 fix the responsibility Of the
directors. Counsel for the defence made no fight
against the establishment Of the fact that Baker
heaters were used in the Mr. Nicol had to sub
NIT to another correction from the court when he
wanted TO introduce minutes showing az he put it,
that after February 20, the company found fault
with its heating system and were setting about cor
recting it,
~settng about correcting 1t has nothing TO Go with
this case" said the justice.
When Mr. Ncoll, waving a palm-eaf fan, prepared
TO read the company's minutes prior to February 20
Mr. Bowers objected. The court ruled against him
adding "You can take exception to each paragraph
Tbe court then directs the counsel for the defence
--began Mr. Bowers.
~The court doesn't direct anything said Judge
Van Brunt.
1.-THE court directs that he may
~No the court rules that the DlstrctAttorney may
sod as much as he thinks competent and that the de
fence may take an exception TO each paragraph
with this amiable arrangement, The reading was
began; and whenever Mr. NicOll paused. Mr. Bowers
took his exception.
Through william L. Squire, treasurer OF the New
Haven road, Mr. Sicoll introduced reports signed oy
president Clark and Others showing the condition Of
~. road. Mr. Bowers objected TO the reports as
being matter an whole incompetent. irrelevant and
,mmateral.7 On cross-examinatoL witness said that
the reports were not the results Of the personal work Of