New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-02-14
ACTION CALLED |NS0lENT
Application by Grand Trunk
Head for Commission Opposed.
SEEKS LONDON TESTIMONY
Counsel for Government De-
clares Defendant Request
Insults Courts.

The application of Edison ]. Chamberlin,
president of the Grand Trunk Railway.
for the appointment Of a commission 10
take testimony Of directors of his road
and bankers in London for the purpose of
using IL at his trial was declared yester-
day by counsel for the government 10 be
gross insolence toward the courts OF this
country.
Mr.. Chamberlm has been indicted with
Charles S. Mellcn. president of the New
Haven. and Alfred \. Smithers. chairman
Of the Grand Trunk. for conspiracy to
violate the Sherman law. The motion for
the appointment Of commission was
argued yesterday before Judge Mayer IN
the United States District Court. who re-
served decision.
William Rand. jr. opposing the motion
on behalf OF the government, contended
the testimony sought in London was
wholly immaterial, and that the appoint
ment Of a commission was sought in bad
faith for the purpose of delaying the trial
Whatever instructions the board of di-
rcctors in London gave to Mr.. Chamber
lin. they were all transmitted by Mr.
Smithers. and he and the recipient were
the best witnesses. Mr.. Rand added. They
were the men charged with the crime and
not the other directors
MIR Smithers has been indicted. but
he has snapped his fingers at YOU and at
the government and has ignored US, and
he is now fugitive from Justice said
Mr.. Rand. 1T smacks of gross insolence
toward the courts Of the United States
10 ask for a commission to take the tcs-
timony of Smithers.
"As TO the other directors. il is wholly
irnmaterial what they thought or did II
is preposterous to say that the defence
has no control over them to bring them
here as witnesses for Mr.. Chamberlin T.
he is so wholly innocent, these men OIL
means can forsake their large affairs in
London for n short time and come here
10 testify on behalf of their fellow director
and president Of their railway
Jesse c. Adkins. special Attorney Cen
eIal, who secured the indictments. joined
Mr. Rand i'm the governments emphatic
opposition lie said the whole idea of a
commission was insolent because no CT
fort at all had been made to find ont
desired by the defence were not willing 10
come here Why should the United States
delegate its court TO take testimony in
London when witnesses who live in Mon
treal have refused to respond to the gov
ernment's invitation TO appear before the
grand Jury and when Mr.. Smithers has
ignored the governments action? he asked
Judge Mayer was inclined to take the
point of view that Mr.. Chamberlin was
entitled 10 testimony in his own favor
from the mouth Of other witnesses so
that he need not take the stand himself.
Mr.. Rand replied that it was the defend
ants privilege to take the stand, and his
only right was that If he did not do so
1t should not be considered against him
by the Jury And the jury had right 10
see those witnesses and the manner in
which they testified.
John D. Lindsay and Frank l.. Craw-
ford. of counsel for Mr. Chamberlin, said
Il was impossible to bring the witnesses
here. and after all the expense OF taking
testimony i'm London. to be paid by the
defence would he smaller than bringing
Oyer here