The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-26
Relations With the New
England Line Are Brought
Out in Detail.
COMPANIES IN FIGHT
OVER FREIGHT 4

Charles $. Mellcn continued his double
role in the United States District Court
yesterday.
As chief witness for the Government
in the prosecution Of William Rockefel-
Ter. ninc other directors. or former AZ
%rectors. Of the New Haven railroad and
Edward u. Robbins. once the roads
counsel, he identified letters written
by himself and others which told Of the
New lIaven's treatment Of the New Eng
land Terminal Company and OF the New
York and New England Railroad Com
pary.
As a railroad man ana a former
officer OF the New Haven. he never lost
an opportunity to Justify the acts Of
himself and tho road itself upon the
score of better convcnicnces. better rates
and better services for New England's
M
Apparently both sides were happy
when court adjourned for the day.
Frank NJ. Swacker. special Assistant At
torney-General. and X. L. Bats, his as
s~ociate. believed that the witness had
performed gallant service in developing
their theory that there was a ron
spiracy to monopolize New England
transportation facilities.
Counsel for Defcuce Pleased.
Richard V. Lindabury. De Lancey
Nicoll, John q. Milburn and other coun-
sci for the defendants were triumphant
over the fact. as they expressed It, that
nowhere In the evidence. either written
or spoken. a there been anything to
indicate any act on the part of the
defendants was without legal sane
ton or harmful to the commerce OF
New England. Mr.. Mellep will resume
testlfying this morning. lie will likely
be in the chair all day tomorrow and
perhaps Thursday.
luasmuch as Mr.. Swacker and his as
s~ociatcs had trouble in getting tho an
cient minute OF the New Haven in evil
dencc. Arthur Russell. now valuation
counsel Of the road but at one time in
the executive branch. was the first wit
ness called yesterday. and he was sue
ceeded by J. T. johnson. for years mes
sengcr to the president at New Haven.
bpihdlS'Nl 10 ~ spl'lllll lol uldIl d
part of whose duties was the copying
Of the Presidents letters. Very de-
~liberntely he identified about twenty
mii.utc books running back through the
Hall and Clark administrations, and he
could not be hurried until he was ready
TO nsNcr. Those are the letters OF the
president
Nithcr witness quite awaited for all the
purposes and Mr.. Swacher postponed the
effort and recalled Mr.. Mellcn. There
was no trouble about MIR. Mcllcn's identi-
Iicatiou Of any books he was asked
about. lie knew the handwriting OF the
old officials and said 50. Mr.. Swackcr
had him look over "A long list OF letter
books and some minutes. Sometimes
when Mr.. Swackcr brought forth books
filled when Mr.. Mcllen was not con-
nectod with the road the defence stopped
him. one such question brought "A char
actcristic answer. IL was as to "a letter
book OF 1ss>.
Mr. McIIcn IL WOOiIy Westcrner.
"Wc,l. was not with the blessed on
Germ then replied tho witness. II was
out attending TO my duties in the wild
and woolly West
There was some more trouble when the
Government attempted to get in some
documents relating 20 the Goldsmith suit
against the New York and New England
Railroad. Goldsmith, IT is charged. AT
the instance Of the late Austin Corbin
brought suit against the New England.
then dominated by 4. A. Mcleod, and
subsequently the New Haven road took
II up. Judge Hunt suggested that II
would he better to produce all The papers
relating to that suit.
The real trouble fr the day started
when Mr.. Swackrr asked Mr.. Mtllcr
about the New England Terminal Com
pany. It has bccu testified that TINS
owned jointly by tho llousa'
tonic and the New York and New Eng
land, was for the purpose Of obtaining
an independent road into New York city
\ passenger service was Installed mic
Brooklyn by way OF WILSON'S folit'
Conn, and oyster Bay. ana freight was
run 10y barges. The New YORK. New
Uaven and Hartford Railroad obtained
the Uousa mic In 1892. and Mr.. Mellen
testified that he at once sought TO end
that Brooklyn terminal idea, as a losing
venture ~patIuuized by one or two pas
scngcrS a day.
II Is the theory of the Government
that the New Haven started out az once
to kill the Terminal Company IN order
to iujur. its competitor. the New Eng
land. Mr.. Swack.r showed the witness
a paper and asked linn II he recognized
the writing. MIR. Mellen did. 1t Is the
writing of william T.. Barnett, executive
secretary Of the New Haven" he re-
piled,
The New Haven experts in the court
room did not know anything about the
PAPER. bl they seemed TO realize thai
il was rather important. Mr.. Linda
bury nd his associates fought Nigor'