New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-22

forty minutes, and not reduce the tllho
for our o'clock train, which was run
ming over the shorter line Of the three:
10 the same time. / exhausted myseH
in showing 20 them the unfalrness oil
the proposition and | persuaded them
not 10 do II.
Rate War Threatened.
Did you maze any statements con.
corning what you proposed TO do
Mr. Swacker asked, bringing another
storm of protest from counsel for the
defence
81 told him all the things that |
thought were likely 20 happen II he I'D,
and he took them under consideration
and decided not to do it," replied Mel
len.
what were those things you wero
likely TO do ." Swacker said.
81 told Mr.. Clark that l had prepared
a train from Boston to Allyns Point
10 connect with the steamer City OF
Worcester 10 New York; that l had
papers in my pocket all set up ready to
20 into the evening papers In Boston
announcing that the fare between New
York and Boston would be 81. mat Is
what persuaded him.
"Mr Clark looked at my papers and
wanted TO know If IL was honest lnlun,
and ! told him it was that l hoped he
would reconsider. and he said he had
70 20 TO New York, and he said, tut
tie. YOU fix this up with Mr.. Mellen.'
And he fixed il up with Mr.. Mellen.
"What was the fare between New
York and Boston 81 Delaney Nicoll. VI
counsel for the defence. asked.
Five dollars" replied Mr.. Mellen.
How much longer did you remain in
the employ of the New York IL New
England Railroad after this occur
renee? p" Swacker asked.
"Seven months; then became second
vice-president Of the New Haven Mel
len replied.
Felt lie Wasn't Earning Salary.
"Who employed you?" -.
Charles T. Clark, the president.
said Nellen. and in reply 70 further
questions said he was assigned to look
after the traffic, but he had nothing 70
do in that respect-"not enough so ne
could remember it"-and had a CONVEX
sation with Clark concerning his en-
ployment.
81 complained that I was apparently
doing nothing" Mr.. Mellen said. Il
did not see how | was earning any sal
arv they were paying me. was told
ought 20 be pretty well satisfied TO be
able 10 draw my salary, and II the
company was satisfied they didn't see
why I should complain
"Did he say anything further con
corning the reason for employing you y
Swacker asked.
Gle said | made too much Of null
sance of myself on the New England,
Mr.. Mellen replied.
As Mr.. Swacker went on with ms
questions on other matters he thought
he detected a tendency on Mellens
part TO evade. and asked the court 10
direct the witnes 70 make MS answers
responsive. because Mr.. Mellen Is
frankly hostile witness" he said.
Judge Hunt remarked that he failed
10 see any evidence of hostility on
Nellens part. a large part Of the az
ternoon session was taken up with OBJ
lection and argument by the counsel
for the defence against the admission
as evidence Of the minute books of the
New Haven directors meetings In 1898.
Judge Hunt admitted them as evidence.
Traffic Agreements Recited.
From them, after they were duly
identified by Mellen, we're read resolu-
tjons and agreements approved by the
board making traffic agreements with
other roads. each subscribing not 70 in
terfere with the others business.
Among them was the so-called Cor
sair agreement" with the Boston &
Maine. Although these were compel
ing roads, this covenant, drawn up in J.
Pierpont Morean's library, put an end
70 actual rivalry between them.
"Weu. we have laid The foundation
of our case" sagely said James ". Os-
borne. who made one Of his few and
short appearances in court, after the
adjournment. He is retained as q spe-
cial counsel for the government.
While Mellen was on the stand, like &
ghost from another famous trial,
Charles ". Morse. the ice king. slipped
quietly into the room with his attor-
rey and took a seat among the specta-
tors He said that he was not under
subpoena, and counsel for each side dis
owned him as their witness He re-
fused to diyulge what brought him 20
court-possibly fellow feeling for the
eleven defendants.
One of the attorneys for the defence
stated that they expected the govern
ment % call William II. Taft as a wit
ness 20 tell of the conversation Lewis
Cass Ledyard had with him in regard
10 New Haven relations with the Bos-
ton & Maine. r. l.. Bates, in charge
of the prosecution, said he would avoid
calling the former President, if posi-
HE