New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-20
w. D. Chase, Robbins S
Handy Man, Fails to
Obey Subpoena,
PROSECUTOR BUMPS
INTO PROCEDURE LAW
Bats. Halted by Counsel, Admits
lncxperienCe i'll Making
Opening Statement.

...c AGAINST the eleven directors and
-~.cr directors Of the New Haven
railroad on trial before Judge Hunt
.- charge OF consriring 20 violate
.t, antitrust law yesterday and then
..... t.- Warren j. Chase as the first
r.t0r.e
pu Vr. Chase did not answer nor
did grv one come forward 20 explain
ts absence. The government attor-
.... aere NOT surprised. for although
-- chase was sub phnaed several
..l-.- -~o ir Hartford. Conn., where
.. r..ee. and commanded 20 appear ID
..Yr. With important New Haven rec
ards. ro word had been heard from
rfm or his intentions.
Frank -. Sracker and R. L. Bsts'
.rec'.I assistant attorneys genera IN
change Of the case. considered his I'M
,orisnco 70 the governments case so
serious that they said they were con
s.ae-.rr invoking further court process
., compel fie appearance.
Chase .. described as the handy man
or Edward D. Robbins. one Of the de-
..rdant,. who was counsel for the New
Isren and devised many Of the intri-
.afe deals p, which the alleged monop-
oils ar New England traffic was built
u0. ~ re- charged. IN defiance of law.
n, IS Chase who IS supposed TO have
zone 70 Portland. Ne, and enlisted
grover G.. Richard. young electrician
80 serve for s5 a day as dummy treas
srer OF the danny New England Sc
..,r,.iae Company in the Metropolitan
steamship Line acquisition. 1t was
NJ Chase who is supposed 70 have
arranged marry other similar mat
tors for Mr.. Robbins, acting for Ny
Nollen and the New Haven directors
end the government attorneys are par
ucularly desirous to have him tell Of
these transactions under oath.
Eager to Hear Mellen.
Upon the failure Of Mr. Chase TO an
ever 20 his name the case was adjourned
Cor the day an hour earlier than the
lime set. To-day's session OF the court
, expected 10 begin the real activity in
toe trial The drst witnesses TO be
-llcd will be Arthur Clark, secretary
,l the New Haven. and Arthur +. kus-
.rI valuation counsel for the road.
-rcv will be used 10 identify records
or d roctors' meetings, at which were
i.-. ra.E OF the acts the government
,..r.r. rl5cate intentions TO accom-
UI..r unlawful things.
Then Charles s. Mcllen, the star W.
mess. viii be called and asked 10 tell the
inside history Of the New Haven during
his connection with 10. A discussion
srosc Yesterday as 20 whether he shsl.
Toll this story in two instruments. II
Was pointed out by Mr.. Bats that No
,.as associated with the New Haven at
two different per DDS, about ten years
gusrt. and that 70 was the Intention Of
I'D. government 20 call him when he mt.
ted in with the chronological order OF
events. But 20 this Richard '. Linda
hurry. counsel for William G.. Rookie
Teller. made o vigorous objection.
Judge Hunt SAID he thought II would
prevent confusion II Nellen told has
story in two sections IN the proper cor
rection with other events. but withheld
his ruling ON the point, saying he woulc
decide the matter In the light of events
as they developed.
Mr. Bats used the entire court dag
with finishing his opening statement
Once he started 20 eXpound the Sher-
man law 90 Che jurors, saying IL was
not meant 20 destroy business and eff
cheney. but 60 build it up. Mr.. Linda
bury objected 90 this line OF procedure
saving be was cncroachinG on the
courts function. which Vas 20 eNpound
the law.
Procedure Puzzles Bats.
81 apologize" quickly said Mr. Bats.
who ie "a gray-haircd man apparently OF
wide legal experience. but | never
made AN opening statement In my life
before. and ! ann glad % be corrected
~ , transgrcss the limitations OF pro
cclurc iu that respect
Thi. confession OF ineXperience In
procedure caused outspoken surprise
.mon~ thr myriad counsel for defence,
and they asked that the judge instruct
Mr. Bats as 90 what he could and cou'd
not DO iu presenting the opening state.
ment The Judge ruled that Mr.. Bats
would have 20 conine himself 20 a
statement OF the facts the governme Z
expected 20 prove.
Nr Bats. after court, explained that
the reason be knew nothing about
opening the case in accordance with
the procedure In vogue In this distric.
was that iu Texas, where he came
from. no opening statement OF case
was ever made.
For the most part he used his time
yesterday 10 going deeper into the de
tails OF deals he mentioned the day be
fore. or took up similar ones. all Of
which the government expects TO prove
show a criminal conspiracy by the de-
PENDANTS 20 strangle New England
transportation competition by an un-
lawful trust. lie piled instance on IN
stance and detail on detail Of compli-
Gated high New Haven finance until the
jurymen could no longer hide from
their faces their pcrpleNity or drowsi-
ness More than once they were seen
catching catnaps.
Among the interesting matters Mr.
Batts limited al was the part Tammany
Hall played In New Haven manipuls
tons in Ncstchester County. Parts Of
This story viii be drawn from Meuen
Or he was Indicated as the chief actor
in one phase Of 10.
Iammany Shadow Seen.
Not only did the New Haven rom.
noe unfair, improper and unlawful
acts w. Bats said, but the govern