New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-14
D.L.&W. TRIAL NEAR END
TRUESDALE ON STAND.
JurOr Asks Question of Vice-Presi-
dent C0ldreN.

Assertions that lighteraEe fees. charged, were
paid By the Delaware, Lackawanna Western
Railroad 10 Lowell n Palmer and emphatic de-
mails that these fees ever reached the American
Sugar Refining Company, came from Eice-Presi-
dent Caldwell and President Truesdale, Of the
Lackawanna. and from Lowell y. Palmer himself,
and were the substance Of the testimony yester-
day IN the trial OF the I.achaWanna, for the al
legged violation Of the Fkins Law. I'm the Unitei
States Circuit Court. Before the afternoon session
adjourned the defence had rested its case ana
counsel for both prosecution and defence had ad-
dressed the jury Judge Holt will charge the
Jury this morning.
Mr.. Caldwell resumed the stand yesterday morn
ing and was cross-eKamined by United states
Attorney StimsOn. I'm reply 10 the question wheth-
the officials Of the railroad knew the destination
OF the money paid on the lshterage claims the
witness said that he especially concerned himselh
with such knowledge reporting upon it 10 his
associates. who were equally Interested Then one
of che Jurors addressed Mr.. Caldwell. How was
g." he inquired IF the Trunk Line Association
Rpportioned the sugar traffic between the Ioaus
and assigned per cent 10 the LackaWanna ou' Ol
fhe total westbound traffic, that it became neees-
nary 10 pay Mr.. Palmer anything 10 get The onsi-
ness? Would not the road have gotten It's pc"
cent just the same under the apportionment Whelh-
er IL paid Mr. Palmer a penny or not? W nat
obligation 10 Mr.. Palmer was the road under!
MT. Caldwell replied that the road WOULD haEs
received its pro share without paying MI
Palmer but that II felt that. Mr.. Palmer SUI
fered loss because the lighterage business had
been diverted from his terminal by reason OF me
roads contract with the Starin Company the al
louanee of extra Iighterage to him was only fair
as between man and man. The road had all the
moro reason for doing he said because l'e
other roads paid Mr.. Palmer Z l-5 cents hunoreo
lfRhferaFe while she IackaWanna paid the slafln
n e. fslT. 4 member of the Trunk Line Assoca-
4inn WAS then called and SAID ltat the olnF-,
members Of the Trunk Line Association as Wen
as himself knew Of the contract between the lacAa-
wanna and Mr. Palmer. -,
President Truesdale made an adflId 80, -
answering the questions put TO alin cohclseg Ssu
Volunteering no information. lie. as wen as M
CALDWELL was sure. absolutely so, that the pay
Ynpnfs the road made TO Mr.. Palmer old nor go 20
Phe sugar Trust. The Trunk Line AssoctAuoh ~
pOrtiOned the westbOund sugar tfaInc aILoI6 ~
railroads without any advice from the sugar 0o"'-
pany. he understood. -, aoeo,cs
M Stanchfield. special counsel for the deiehce
turned Lowell NJ Palmer over 10 General Cou1sel
Jenny, of the Lackawanna. for eNafnlltllol 81.
Jenny asked the witness il he had turned over any
portion of the hghteraEe money pne 10 n'Ls u ~
the defendant 10 the Sugar Trust or 10 any or Us
subsidiary companies for any reason Wtiatsoel r.
Mr. Efimson objected. but Judge Hot directed the
witness 20 answer the question.
No sir" he said not cent OF L ever went 20
che American Sugar Refining Company in his
cross-eEaminaton said that he had tried 10
carry out she wishes of the Trunk Line Assocla-
ton IN routing the sugar shipments.
Stanchfield. in his closing argument, review
ahe testimony of tile president and yice-president
~ the defendant road and Of Mr.. Palmer. ana
asked the Jury il they thought men holding sIch
important positions would knowingly purJu-e them
selves Mr.. Strason said that In view or the test-
unOnv President ITueSdale and Nlce-Pres!dent
Caldwell :hera could be little doubt that the money
was paid Adr Palmer asserted but that II
stII constituted a violation OF the Elkins law.