New Britain herald., 1915-02-25
BILLIARD SURRFNDERS
 BOOKS OF COMPANY
Former New Haven Director Purges Himself Of Charge of Contempt.

New York, Feb. 25.--John l.. Bill
 lard, former head of the Billiard com-
 pany of Meriden, Conn. and now un
 der indictment as a director of the
 New York, New Haven & Hartford
 railroad company, on charge of
 violation of the Sherman law, was
 brought yesterday before Judge Neter-
 CT in the federal district court for al-
 legged contempt in refusing to produce
 books and papers of the Billiard con-
 pany These were described in sub-
 poenas duces tecum and were desired
 by the federal grand jury in the in Quiry now being conducted into the affairs of the New Haven" company. Billiard turned over the documents in question after being allowed to place on the records objections to the pro- ceeding. This purged Billiard of the charge of contempt made by the grand jury
 Assistant United states Attorney General Frank M. Swacker explained at the outset that the government, not knowing the whereabouts of the docu- mentary evidence desired by tho grand jury, had served Billiard with two subpoenas, one addressed to the now defunct Billiard company and the other to the St. Lawrence Securities company. He said he understood that Billiard, in refusing to produce tue books and papers, did not want to ap- pear contumacious but had refused to comply with the subpoenas unless sworn by the grand jury and allowed to make a statement under oath giv- ing his reasons why he should not be required to produce the documents called for by the grand jury.
 No Oral Testimony.
 MT. Swacker explained that the grand jury did not need oral testi- lnony from Billiard, because it might ent1tle him to immunity, and as the subpoenas were directed to corpora tions, Billiard possessed no privileges in the matter.
 As it was admitted by Billiards counsel that in refusing to surrender the books and papers his client de- sired only to put his objections on record Judge Neterer directed the sur render to the grand jury of the books, ledgers, cash books and other papers of the Billiard company. This order being compiled with by a which MT. Swacker con- sented to, counsel for Billiard, in tho presence of the grand jury, formally made his clients objections, all of which were overruled by Judge Neter- er Exceptions to his rulings were al lowed to be noted.
 Billiard Co. Out of Existence.
 Billiard in the objections said that 1 the Billiard company to which one of 1 he 'subpoenas was directed, was no ! onger in existence, it's business and 1 books having been bought by the St 1 Lawrence Securities company at the time of the dissolution of the Billiard He asserted that he was not an officeholder, director or stock holder in the St. Lawrence Securities company and that he possessed only an equitable and beneficial interest in the stock.
 He further asserted that the word ing of the subpoenas were so broad IS virtually to come within the pro- libitions of the third and fourth ! to the constitution gainst unreasonable seizures and searches. In conclusion he asserted that he had made the refusal in good i faith and with no intention of showing 1isrespect to the court.
 MT Swacker in reply to the object ions said that there was but little in the contention of Unreasonable seiz- lres and searches" as shown by the admission made that the books and papers subpoenaed were then in the court house awaiting Judge Neterer's ruling. He said that after the safe of the Billiard company, the books of he corporation were first taken by the St. Lawrence Securities company to Canada, but later they were returned to this country and turned over to Billiard at Meriden.