The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-22
HINT OF CLEARING
7 NEW HAVEN MEN
Judges Questions Believed to
Show NOn-active Directors
Are Blameless.
RULE OF REASON CITED

Questions asked by Judge Hunt IN the
United States District Court yesterday
led attorneys for some Of the former di.
fectors OF the New Haven, on trial on a
charge Of conspiracy to hope that their
clients might be relieved Of further trial
There was no oficial intimation TO that
effect. but the questions OF the Judge In
The arguments for dismissal Of the In.
dictment or q direction OF q verdict Of
acQuittal gave rse to the hope.
Seven Of the eleven former directors on
trial we're mentioned particularly BY
those who have beer listening to the
nine weeks Of trial and the " days OF
argument. They are Robert w. Taft.
Charles NJ. Pratt. D. Newton Barney,
frederick r. Brewster. Henry X. Nc
Harg. James 8. Hemingway and A
Hsaton Robertson.
The seven Never Active.
II was pointed o privately that the
names Of these men have appeared only
es directors OF the New Haven for vary.
ing terms. The minutes have shown
that they we're present at times. but |,
was not shown that they ever conducted
any associations or ever participated
actively In any business for the com
q That would leave only foui
men for further OBSERVATION-DISCLOSURES
Rockefeller. Lewis Cas- Ledyard. Ed
ward d. Robbins and Charles +. Brookei
of the eleven on trial.
The foregoing was simply rumor With
out dennite basis as oil OF yesterday
was taken up with the arguments oil
0oldthwaite II. Dorr. Thomas Thachei
and Royal Victor that all the defend.
ants should be relieved OF further tria'
and the Government case dismissed.
Messrs. Dorr and Thatcher finished
yesterday the arguments they had begun
on Monday. Mr.. victor's argument sup
plemented the general argument OF Mr.
Thatcher and declared hat the defend
ants must be sent out Of court by the
application Of the rule Of reason deci.
sion" OF the United States Supreme
Court. II devoted itself mainly to q
discussion of the application Of the Grim.
inai charge Of conspiracy to railroad
men.
Ono point made by Mr.. Victor was
that the Sherman antitrust act was
not held app icable to railroads until
the s-Missouri case In 1897. there.
fore the men could not be accused OF
%conspiring before that date. He quoted
law as establishing that while Ignorance
Of the law excuses no one for the com
mission of an act. yet 1t has been held
that ignorance Of the law is a valid
defence to a charge Of conspiracy sc
long as the act was not performed.
Approved BY Supreme Court.
What appeared to be Mr.. Victor's
strongest point was the contention thai
the United States Supreme Court has
oGiciaily approved the New Haven IL
a decision Of Justice. now Chief Justice
White In 1904. In hat decision tht
Justice mentioned the New York. New
Haven and Hartford, the Boston ano
Maine and the New York Central al
three railroads which had grown up by
consolidation, saying that this wa
known and that II was accepted.
The strict application OF the Govern
ment's theory In this case. the lawyer
declared. would make every railroad ON
cial of the United States 4 criminal
Railroads can grow into great SYSTEMS
only by consolidation. he said. 1t wat
not only the New Haven that was or
TRIAL, b the entire railroad enterprise
Of the United States.
The arguments will continue to-day.