The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-12-01
PLEAS OF NEW HAVEN
DIRECTORS REFUSED
Judge Sessions. From Bench,
Declines to Discuss In
dictmpntS.

After hearing arguments thai lasted
five hours. Judge Clarence W. Sessions
Of the United States District Court. with
out leaving his bench, dismissed yester-
day the pleas N abatement filed by Will
lam Rockefeller and eight other defen-
dants in the New Haven case attacking
the validity of the Indictments charg-
Ing them with conspir.ng to violate the
Sherman law by building up a railroad
monopoly.
The last speaker for the Governments
had hardly seated himself when Judge
Sessions began the delivery of his deci-
sion, saying that he mad acquainted him
self with all the phases OF the New Haven
ease before the argument He said he
mad little patience with mere techni-
calties."
The Judge took occasion during his
address TO denounce the recent agitation
for the recall of Judges He referred
to some chance remarks made by ex-
Judge Alton r. Parker, Of counsel foI
the defence, who in his argument men.
toned that the popularity of this doc
trne was waning.
The Judge remarked that some Of the
contentious raised 10y the attorneys for
the defence were well worth considering
bun that they might be made in other
proceedings
The pleas In abatement were filed by
William Rockefeller, George +. Baker
Nslarl'S y. BfoDktF, W llUdT1 SKINNER, -
Newton Barney. Robert W. Taft, James
S. Elton. Fr-edeSck F. Brewster AND
Henry x. McHarg. Baker, brewster
Barney and McHarg filed their pleas
| Just before the argument began. The
! first contention was MAT the Grand jury
which handed down the indictments had
been irregularly selected inasmuch as
William Taliman, the Deputy Clerk Al
the United states District Court. rather
than Chief Clerk Alexander Gilchrst, Jr.
had ofiictated at the selection of the
Jurors. Judge Sessions preferred TO con
strue the statute 30 as 10 make II per
MISSILE for a Deputy CLERK TO do the
work when necessary,
The Judge dismissed briefly the second
contention argued by Attorney Richard V
Linda bury that the Federal Grand jury
had outlyed its term when II handed dowr
the indictments in the New Haven case or
November .,
Ex-Judge Alton n. Parker argued that
| the proceedings of the Grand Jury were
not conducted according TO law, inasmucr
as two stcnographers. Roy +. Schoon
| maker and George j, Xengerle. were pres
| ont at all the sessions.
| Judge Sessions declared that the pres
| encc of stcnographcrs in u Grand jury
| room was a privilege and a safeguard
| rather than detriment TO defendant
| Their absence, he said. might open th'
| door not only 10 perjury but Incompetent
testimony
The Judge gave the attorneys for thu
nine defendants until Thursday at II
| O'Clock in the morning to file demurrers tC
| tho indictments against them, In tn,
meantime the dismissal OF the pleas II
| abatement automatically restored the tenn
porary pleas OF not guilty first entered by
| these defendants.
Edward L. Robbins. formerly genera
| counsel for the New Haven company, filet
| "A plea Of immunity on the ground OF hi,
Testimony before the Federal Grand Jur,
! in the New Haven-,irand Trunk investiga
tion in 1913 and Lis testimony before thu
| Interstate Commerce Commission a
| Washington. Argument on this plea anC
| similar pleas filed sometime ago by T. ID
witt Cuyler and John J.. Billiard will b'
| heard on December L.