The Birmingham age-herald., 1915-10-22
New Haven Railroad Con- pany Elected Him Presi- dent in Order to Eliminate Competition
lMELLEN TELLS OF
 B R IN GIN G NEW HAVEN TO TERMS
State Obtains Much Useful Information From the Former President, Who Speaks With Relish

New York, October 21--Although Charles s. Mellen. former president of the New York, New Haven and Hart ford Railroad company, was character ized by Frank L. Swacker, the federal attorney, as "a frankly hostile wit ness" during the continuation of his testimony today at tho trial of the Il New Haven directors under the Sher- | theless In introducing through Mr. Mel len what is deemed some of the most important evidence against the de- fendants contained in the governments case.
 MT. Mellen frankly conceded that the early competition between the New | Haven road and the New York and New England which 1t subsequently ab- sorbed, was of the cut-throat variety He testified that 1t was a state of rival ry between the Boston and Maine and | the New Haven that led up to the famous Corsair agreement by which the two roads agreed to keep out of each others territory He identified minutes of the board of directors meeting of the New Haven whereby steps were taken to enter into agreement with the New York Central to keep other roads from entering New York city. He told how the New Haven had secured control of two of the New York and New Eng lands connections with New York city 1 and cut them off.
 Threatens Rate War l With evident relish, he related the story of having, as manager of tho New England, brought the New Haven to it's | knees by threatening a rate cut and of making such nuisance of himself that he was virtually bought off by the New Haven with an offer of the vice presi- dency of the road, which he accepted. This was in 1892.
 All this came after the witness had
 finished his recital, begun yesterday. of the New England railroad situation in 1890, at the time of the enactment of the Sherman antitrust law. His testi-
 mony was frequently interrupted by clashes of counsel over the introduce
 ton of some of the evidence.
 The attorneys for the defense fought for nearly half hour to keep out of the records the ancient minutes of the New Haven board which R. V. Linda bury described as dead, dusty and lmoribund." They were signed by Will liam D. Bishop, a former secretary of the New Haven, now dead, and although
 the witness identified Bishops sigma lture, MT. Lindabury contended there was
 no proof that what he had recorded
 might not have been erroneous
 Requests Proof
 There is not even proof" he said, that the secretary was present at the
 meeting whose minutes he signed, or that the minutes were ratified by the board
 There is nothing to show the accuracy
 of what he recorded; that he might not
 have put down enormously extempora- neous remarks that might be explained l away"
 Attention was called to the fact also , that of the directors present at thes, meetings only William Rockefeller, George } McCulloch Miller and Chauncey M. De
 pew are alive
 } Judge Hunt, however ruled that 1t wa.
 enough that the signature had been iden : tified and the minute book came 'fron 3 the shelves of the corporation" ] Attorney Swacker went back with tn,
 witness to the so-called tripartite agree ment of 1872 between the New Haven, thu New York Central and the New Yorl { and Harlem River whereby the three l roads entered New York city at the pres a ent Grand Central terminal and shared l the expenses of the terminal This wa! r intended. the government contends t prevent the entrance of other New Eng l land roads into New York and the fed ! eral attorney then proceeded to shov B through the witness how one road hay T ing connections with the New York an' 3 New England was an alleged victim o . this agreement. It was the New Yorl . and Northern, which had connection e with the New York and the New Eng Q land at Brewster, N. Y.
 Minutes Identified e MT. Mellen identified minutes of tn p New Haven directors dated February Q 1893. which recorded the appointment of | committee headed by George McCulloc e Miller to take up the New York am h Northern matter with the New Tor v Central William Rockefeller was re I corded as among those present.
 He identified minutes of a meeting hel
 a week later in which 1t was reveale
 that the New York Central had secure control of the New York and Mortimer e and that in consideration of its per k petual administration under the tripar = tite agreement, the New Haven woul h pay the New York Central an additiona = s5c0.O0O as its contribution towards tn : expenses of the terminal
 e Corsair Agreement e Coming to the Corsair agreement, "hic 6 took it's name from an erroneous state
 | ment that it was signed on J. F. Moi
 | gan's yacht the Corsair. MT. Swacke : had the witness identify minutes date
 March A. 1892, authorizing committe - consisting of Messrs. Morgan. Rockefe
 Ter and Bishop. to meet a committee frof
 the Boston and Maine ito make such fu ture arrangements as would promot II their mutual interest
 This resulted according to minutes O "a meeting one week later, of ratinca ! ton of the Corsair agreement by wnic the Boston and Maine agreed not to ac l iouirt new lines south of the Boston an Albany line. and the New Haven O
 the other hand was to acquire no line
 north of that line.
 What was the conditions that led to this agreement" asked Mir Swackel MT. Meilen said that at that time A. Mcleod, president of the Boston an Maine also was president or the Ne'
 lYorls and New England. The latter roa = and the New Haven had had contest o \ ithe control of the Old Coiony railroad an ! the New Haven won. Dey had anothe u contest for the Connecticut river road an 1.-the New England won. It was this rivalr | which led to the Corsair agreement, | II said.
 This testimony the government attol | ney intended to fit with previous test Etmony by the witness in regard to me1i l ures aliegsd to have been taken to c'