New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-04-11
new HAVEN LOOT
INQUIRY BALKED
Interstate Commerce Com
mission Forced to Seek
Court Aid.
BILLIARD COMPANY
WITNESSES DEFIANT
Charles S. Mellen To Be Called
After Legal Decision
Is Given.

Washington, April lo.-The Interstate
Commerce Commission was baked to-day
at every turn In its efforts at a public
hearing 10 obtain details OF financial
transactions between the New York. New
Haven & Hartford Railroad and its sub
sdiary. the New England Navigation
Company. and the so-called Billiard Com
pany. through which millions or dollars
are alleged to have been improperly di-
verted from the New Haven.
Witness after witness refused point
blank TO testify TO any OF the affairs OF
the Billiard Company. or TO produce any
OF the books. records or agreements said
10 be in existence concerning its finan-
cial transactions.
Joseph W. Folk. chief counsel for the
commission. announced at the close OF
a day OF host Of fruitless questions
that he would go TO the Supreme Court
of the District of Columbia Monday with
proceedings I'm mandamus TO compel the
recalcitrant witnesses 10 reply 10 ques-
tions put TO them and 10 produce the
books. records and contracts called for
by the subppnas OF the commission.
Further proceedings were postponed un1<
Ill April 30 by which time, IT is hoped
the courts will have passed upon the
mandamus proceedings.
II had been expected that Charles ).
Mellen, former president OF the New Ha-
ven. and John L. BILLIARD, OF the Billiard
Company, would testify at to-day's hear
ing, but they were not called, because
the foundation for their testimony could
not be laid without the records.
Announce Plan Of Inquiry.
Attorneys for the commission declared
that they expected 20 show, from the
books and from certain witnesses, de-
tails OF the Billiard Company's organiza-
tlop and its financial relations with the
New Haven. and its subsidiaries that inn
mense profits had been made by certain
individuals officially identified with the
New Haven and with the Billiard Com
pany through peculiar transactions IN
finance between the two companies, and
that much Of this money was recoverable
to the New Haven.
Just What the Billiard Company is was
not disclosed at to-day's hearing. No
witness, except Samuel Morehouse, OF
New Haven, would admit that he lad
any connection with the company, al
though the presumed president, treasurer
and some stockholders OF that company
were on the witness stand. They declined
'by advice OF counsel" TO answer any
question concerning the affairs Of the
company, on the contention that neither
the commission nor Congress had the
power 10 require them to give the in
formation sought
Mr. Morehouse. who said he was the
attorney for the Billiard Company was
the only exception TO the rule. lie ad-
mitted that he was the company's attor-
ney: that in looking after the company
business" he had taken from the vaults
Of the New Haven Railroad Slo,40.eC
OF securities, which had been kept there
by the Billiard Company; In fact, that he
had cleaned the vault out, but said he
knew of no contracts between the New
Haven and the Billiard Company, and de-
cllned to tell anything else concerning
the company. even as 20 where the offices
Of the Billiard Company we're. or, indeed
whether II had any office.
Would Help Commission.
Walker u. Hines, who appeared as
counsel for the present management OF
the New Haven, assured the commission
that he desired in every way TO Coop
crate with the commission and 20 facili-
tate its inquiry. He said the present man
agement Of the New Haven had made an
effort to obtain the books and records
desired by the commission. but had not
been successful
The hearing to-day followed several
weeks OF investigation into the books OF
the New Haven company and was under
the direction Of Commissioner Mcchord.
II was held I'm compliance with a Senate
resolution directing the Interstate Com
merce Commission 10 develop all facts
regarding the New Ravens banking con-
nections. the purchase Of its subsidiary
properties, the money paid for them and
the emoluments for commissions paid for
NEGOTIATING the various transactions.
Harry V. Whipple president Of the
Merchants National Bank, OF New
Haven. Conn, the first witness, refused
10 testify as to his business relations
with the Billiard Company. He said ne
was not now a stakeholder in that COM
many. but had been up 20 last fall
ITO whom did you sell your stock In
the Billiard Company" he was asked.
'r must decline TO answer that ques-
ton because ! regard 1t as an invasion
OF nv personal rights, replied Mr. Whip
pie.
No Books with Him.
The counsel for the commission said
Mr.. Whipple had been directed by SUD
nqna 10 bring books documents and con-
tracts Of the Billiard company.
Are you prepared" he inquired TO
produce those book and documents
IT am not" Whipple responded, and de-
cIined 10 say whether his refusal was or
was not because the books were too bulky.
Samuel Hemingway. president OF the
SAtond National Bank OF New Haven
also declined 10 answer. His counsel,
Homer $. Cummings. said he had conclud-
cd that responses TO such INQUIRIES by
tho witness would be inappropriate. as
thew were quite beyond the powers OF the
commission
Power Of Congress Denied.
Congress has no power 10 Investigate
the Billiard company" Mr.. Cummings