New Britain herald., 1915-10-20
POINT WON BY GOVERNMENT Il
 NEW HAVEN L
Judge Hunt OVerTuleS Mott Defendants Counsel
 Statute of Limitations
REFERRING TO ACTS
 COMMITTED BEFORE.

Court Says Government is Enti Prove Prima Facic Evidencs Conspiracy Existed From
 ning-Documentary Evidene troduced-MeIlen on Witness This Afternoon.
 New York, Oct. 20.-Attorne the defense in the trial undei sherman Antitrust law of the New York, New Haven and Ha directors, lost point at the of the introduction of the g ment's first evidence in the ca day. They set up the statute Q itation against the considerau evidence having to do with acts mitted prior to 1912. until acts mitted within the subsequent year period were first placed the jury.
 Judge Hunt held that the gd ment was entitled to prove the facie evidence that a conspirac| isted from the beginning, and if such was proved to the satisf of the jury, the jury should judge the guilt of the deferl from the time they entered the spiracy in so far as their acta up to the three-year period.
 MeIIen Interested Hstenea' Charles S. MeIlen, former dent of the tew Haven, awaitI be called as a witness for the ernment, was an interested hs MT. Mellen had a seat near st of the defendants against whom is to testify. and by whom he greeted with every evidence of diality when he entered the room. a.r
 Documentary evidence was introduced when the morning 8, adjourned, but it was expected 1 MT. Mellen would take the stand time in the afternoon. The go ment had more than 5000 ex which it desired to have marke evidence.
 MeIlen on Stand.
 Mir. Mellen took the stand sf after 2:30 o'clock. tt
 Shakes Hands With Defendar
 Mir. MeIlen arrived in the fe building a half hour before opened and went into conference MT. Batts and Frank l.. Swackei federal attorneys. When he en the court room there was a smile on his face. He was greetf Robert w. Taft, one of the me trial. Others of the directors aG whom he is to testify rose to his hand.
 The defendants counsel also comed the governments star WI and, until the appearance or J Hunt. the former president of road was the center of laue joking group.
 Clark was then called and government began tfre tnkfoducti documentary evidence. which inc minutes of the New Haven boa directors meetings.
 Early History Of Road.
 The evidence had to do with carly history of the New Haven as the first document was glv' the witness to identify, Tn Thacher. of counsel for the dei rose to object. He set up again admission the statute of limita and raised the contention that b presenting the evidence in qu' tbe government must show whai were committed during the vaars prior to the indictment.
 "This evidence is admissible. ' the attorney. "only on the theory { is intended to show the characl tbe acts of the three year pc This case will fail utterly unles government can show proof of spiracy during the three years D
 Has No Proof.
 eve have no suggestion tha government has any proof of any unfair or illegal within this periS that this did not end in 1905. Knowing what the three year act the jury cannot listen intelligent prior acts"
 John G. Milburn. also of couns the defense, followed with sl argument, in which he quoted au ities.
 "In the name of goodness n claimed. shouldn't we first nav things upon which the nBhl IS thrown before we get the thingt throw the light? The govern must show that 2 conspiracy q during this three year period. whole case turns on that"
 Pratt Came i'm 1908.
 Mir. MiIburn said he felt ct on this" as his client. Charl, Pratt. did not come into the Haven until 1908
 This conspiracy must have h birth" remarked Judge Hunt.
 CContinued on Tenth Page.