The Bridgeport evening farmer., 1913-07-08

Charles S. MelIen, of the New Haven road before Coroner John J. Phe1an at the county court house yesterday afternoon, in the Stamford wreck hearing emphasized three important facts:
 That the board of directors are to a great extent responsible for the oper- ating changes on the New Haven sys- tenn, having full and absolute control of all such matters that they may wish to take cognfzance of.
 That President DTeIIen is suffering is under in the WestpOrt indictment.
 That with the New Haven road ev- cry large railroad in the country is focusing its attention upon Connectir cut where for practically the first time in the history of raiIroading the heads of a system are being placed upon trial for the lives of passengers killed while under their dominion.
 Me1lens attitude throughout was that Of a man worried at the asper- sions cast upon him and chaf1ng at the restriction placed upon him by counsel and associates who forced his silence upon subjects he would gladly have openly declared. In fact at times he could not refrain from stating that he knew little Of the actual operation of the road, and wanted to frankly disclose the exact duties of each of1- ciaI and escape from the shadow of accusations which have been cast upon him by the finger of the law, the press and the public mind.
 Taking the matter with an aspect of serious concern, at times his face was picture of distress, especially when mention was made of the man slaughter indictments of the Westport wreck. Occasionally as something of a humorous nature came to light he would smile. He evidently enjoyed the clever repartee which transpired be- tween Coroner Phelan and the rail- road attorney Benjamin I. Spock.
 Througholit, however, he maintain ed a studious restraint against failing into any trap in the questioning and answering such questions as might in- criminate himself or associates. He was visfbly lightened in mind when excused. He hurried away to catch a train for New Haven.
 Contrary to general expectation. his personal attorney, Homer s. Cummings was not present, though Mellen was accompanied by his secretary and other advisers. This however did not deter the mandates of the personal counsel being carried out through At torney Spock and the same tactics were resorted to as have heretofore been noted, and even to a stronger de- gree, as it was shown that a test case was to De 1LdQ0 III tue WGSLEOA ' wreck trial by railroads throughout the country to ascertain the responsi- bilfty of railroad operative heads for individual liability in case of accident or death.
 President Mellen on taking the stand said he was President of the New Haven road. This was followed by questions tending to show that the powers and duties of officials were not prescribed by any set rules but devoIved upon them individually and by order of the Board of Directors, which by tradition as well as general custom were supreme. Mellen testi- fled that he had general charge of everything subject to the board of di- rectors' Asked what general meant, and whether it did not mean final power, Mellen said the board of directors had final power in ev- erything, either directly or through ex- could do nothing not subject to the board.
 Asked to define this power as to management or policy, he replied "en- tire authority over anything it seeks to concern itself about. Later the president qualified this statement by saying that if he did not report a
 matter to the board his own action was taken as final. When clashes be- tween departments arose it was within his Jurisdiction to settle them and he exercised general powers and duties determining his action by @'experience, common sense and advice of counsel.
 Coming to the crucial questions the coroner then attempted to place re- sponsibility for the purchase of rolling stock rails and maintenance of the road-bed. Mellen mentioned five vice presidents responsible for various branches of the business. He indicat- n5 tJao+ Uioa- -Prezida,f K VV717Iev had general charge of the operating, construction and maintenance depart ments. Further questioning elicited the reply that the construction de- partment included the purchase of cars, trains, employees shops, machin- cry, etc
 Upon hearing this, Coroner Phelan asked the president to define the du- ties Of the construction department whereupon the first clash arose. At torney Spock arose to protest by saying that no prejudice should be cast upon the cases of the officials under indict- ment in the Westport matter. The inquiry in question was simple, seek ing the determination of whether the brakes were defective or the engt- neer was at fault. He maintained that trackage did not enter into the matter in any way whatsoever. In his opinion it would be an easy matter fense of these individuals who must stand trial for manslaughter
 Spock called the attention of the coroner to the seriousness of the sit uation when railroads throughout the country have their eyes focused upon the trials of railroad heads in Connecticut, which he said, if to be made a test case, should in no way place prejudice against these officials at this time