The Bridgeport evening farmer., 1915-10-20
0 BAR E HIS TORY OF ROAD
Counsel For New Haven Lose in Hotly Contested Dispute As to How Far Back Counsel May Go To Prove Present Indict- ments.
Early Mergers of Road Must Be Investigated, Court Rules, in Order to Show the Alleged Violations of Law At Later Dates.


 Law At Later Dates.
 New York, Oct 2O-udge Hunt overruIed today g motion of counsel for the defendants in the New Haven Road hearing, setting up the statute of Limitations as an objection to the introduction of the governments evil demce prior to 1912. They held that acts committed subsequent to that year mns4 first be proved
 New York. Oct. 2o-The United States government began today the presentation of it's evidence against William Rockefeller Louis Cass Led yard, Edward D. Robbins and eight others charged, while directors of the New Haven railroad. with conspiracy to monopolize the railroads and troll ley lines of New England
 The government planned to call Charles s. Meuen. formerly president of the New Haven, today. Mr. Mel len is regarded as one of the severn rnent's important witnesses and the prosecutors expect to build up around his evidence the whole story of Che al- leged manipulation of the New Ha- ven's finances and the purchase or cornbinatiOxr of many railroad and steamboat lines
 According to the present plans of the special assistant attorneys gen era1 who are conducting the case for the kovernment MT Me1len will take the witness stand twice. On the / first occasion he will be questioned about the affairs of the road during his first period of employment prior to going west Ills story of what transpired after he became president in 1908 will be told later unless Judge Hunt rules that MT. MeHen must <en his whole story at one time
 It was expected that before placing MT. Mel1en on the stand the governs ment would introduce a mass of doc rnentary evidence Warren Chase of Hartford. one of the witnesses sub poenaed by the government to tell about the transactions involving the New Ravens steamship lines, promises to be in court today, He was called in court yesterday but did not ap- pear.
 MT. Me11en arrived in the Federal building half an hour before court opened and went into conference with Mr. Batts and Frank L. swacl<er. the federal attorneys When he entered the courtroom there was broad smile on his face. He wa8 greeted by Robert W. Taft. one of the men on trial Others of the directors against whom he is to testify rose, to shake his hand.
 Tho defendantse counsel also vel comed the governments star witness and, until the appearance of Judge Hunt. the former president of the New Haven. was the center pf a laughing. joking group. MT. Clark was then called and the government began the introduction o1 documentary evidence, which includ- ed minutes of the New Haven board of directors meetings Ia
 The evidence had to dc with the early history Of the New Haven and as the first document was given to the witness to identify. Thomas Thacher, of counsel foxf the defense rose to object. He set up against its and raised the contention that be fore presenting the evidence in Ques- ton the govern ment must show vVhai acts were committed during the three years prior to the indictment.
 This evidence is admissible.'' said the attorney, "only on the theory thai it is intended to show the character of the acts of the hree year period This case will fail utterly unless the government can show proof of con spiracy during the three year period
 We have no suggestion that the government has any proof of any. thing unfair or illegal within this period, or that this did not end ir - 1905 Not knowing what the three year acts are. the jury cannot lister inte1ligently to prior acts-'
 John e. Mifburn, also of counsel for the defense, followed with similar argument in which he quoted author Itfess
 .In the name of goodness he ex- claimed, ''shouIdn't we first have the things upon which the light is to be thrown before we get the things that throw the light? The government must show that conspiracy existed during this three year period. The whole case turns on that
 Mir Mi1burn said he felt 'tteAseiy OF t11is,'' as his client, Charles L.. Pratt did not come into the New Haven un- til 1908.
 '.This conspiracy must have had its birth,o remarked Judge Hunt.
 .Yes.r said counsel, '-but we mus first prove that the child exists
 T should say that the existence of g parent should be shown before the birth of the offspring replied the court
 Judge Hunt then orerru1ed the ob. lection, instructing counsel fer tht government that they should proceed to establish the prima facie evidenc. of a conspiracy.
 Dr. John Henry McCracken was in. augurated president of Lafayette Col