New Britain herald., 1915-11-22
NEW HAVEN CASE
 RESUMED TODAY
Judge Refuses to Accept Testi- mony as to Alleged Corruption
WAS NOT IN INDICTMENT
Massachusetts Legislative Matters Not Subject for Inquiry-Has to Do With Retention of Control of BOS- ton and Maine in 1908.

New York, Nov. 22.-Testimony of alleged corruption of the Massachu- setts legislature by the New York, New Haven and Hartford in con- nection with the legislation by which it was enabled to retain control of the Boston and Maine railroad in Judge Hunt today at the trial of the eleven former directors of the road on the charge of violating the Sher- man Antitrust law.
 Judge Hunt held that such testi- mony was collateral and on a subject not charged in the indictment as one of the alleged means used by t he defendants in carrying out their al- leged conspiracy to monopolize the commerce of New England.
 Bowman Tcstifics.
 Before Mr. Mellen was recalled Lewis A. Bowman, formerly an execu- tive official of the Enterprise Trans portation company, was put on the stand to refute testimony that this line failed because of bad manage ment and not. as the government con- tends, of crushing competition by the New Haven. F. M Dunbaugh, pres ident of the Joy Line and a govern ment witness, had testified that "deadhead" passengers and the fact that the Enterprise Steamer Kenne- bee had no side freight ports had caused the line to lose money.
 Bowman, who came across the con- tinent from Bremerton, Wash, to tes- tify, was on the stand less than five minutes.
 "Deadhead passengers" said Bow man, "are more profitable than paid fares. They spend more than the price of their fares around the bar and res taurant.'
 The Kennebec, he testified, did have side ports and there was no unusual expense in loading freight.
 MelIen Resumes.
 The late Charles F. Choate, direc- tor and attorney for the New Haven, did not approve of the purchase of the Boston and Maine by that road, ac- cording to a letter written by him to Mellen, which the government read when Mellen resumed the stand. Un- der date of May 8, 1907, Choate wrote that he had mo faith in the Boston and Maine" and that he did not be- lieve it was earning it's seven per cent dividend
 'I don't think the New Haven ought to buy at any price, he concluded.
 A letter written by Mellen to H. M. Ney in which he said that "The Wash ngton situation was taken care of," was the occasion for lengthy examin- ation by Attorney Batts for the gov ernment.
 MT. Mellen said that while the ne sotlations for the purchase of theI stock were in progress he went to | and consulted with Pres dent Roosevelt The president, he said, sent him to Franklin K. Lane, hen chairman of the interstate com nerce commission.
 Aliens Ownership.
 'I told Lane the situation, and my ears-the danger that the Boston nd Maine might go to other interests. Ie too, thought the situation was dangerous, especially as to the mili- ary situation-the danger if the Boston and Maine was owned by lliens.
 q reported to MT. Roosevelt and he aid MT. Mellen, I am no lawyer. Whatever you do you will nave to do tt your own risk, and if you do wrong you needn't come back to me- But it seems to me if I were in your place
 would buy.
 Mr. Batts wanted to know what he meant by the military situation. The witness explained that he discussed with Mr. Lane the possibility of the Boston and Maine going to the Cana lian Pacific or the Grand Trunk rail- way of Canada.
 Had there been in the public print nv suggestion that the Canadian Pa fife or the Grand Trunk were in the ct for the Boston and Maine?"
 q really don't know" said the wit ess He added that he had no , pecific information that the two roads Janted the Boston and Maine, but that was "In the atmosphere-it came to ne through grapevines." He knew, e said, it was a valuable property, which was going to be sold and that here was a possibility that these two Canadian roads might get it.
 The government attorney brought , ut that Mellen had given letters of to man named Ken rick, who made a trip to see Sir homas Shaughnessy, president of the ( Pacific, and that Kendrick ' ad reported that the road was not lterested in the Boston and Maine. ut this. Mellen explained, was about
 year after the Roosevelt interview. '
 MEXICANS FIGHT.