New Britain herald., 1915-12-24
NEW HAVEN CASE
 IN JUDGES HANDS
Magistrate to Render His Decision
 Next Tuesday

ment on motions to dismiss the case against them the fate of Wm Rockc- feller and ten other former directors of the N. Y, N. H. & H. R. R., charg- cd with conspiracy to monopolize was placed in the hands of Judge Hunt. He has the power to dismiss the indictment against all of the de- fendants as not having been sustain ed by the governments evidence or to direct a verdict of acquittal against any of them individually. He an- nounced that he would render his de- cision on Tuesday morning next. Meantime the court takes holiday recess.
 The long argument was concluo- ed with an address by R. l.. Batts, for the government, who reviewed the chief points of the evidence in an endeavor to show that the defen- dants intended to violate the law m acquiring a monopoly. He asked that the case be submitted to the jury on the facts.
 Charles S. Mellen's perpendicular farm" became an issue at the trial today. This is the farm, situated in mountain notch on the route of the proposed extension of the Grano Trunk lines in Massachusetts, which Mellen testified he bought at time that the road was seeking a right Of way.
 The incident was cited by Assistant District Attorney Stevenson as an ex- ample of the methods used by the !, New Haven in its alleged purpose to IJ.ava rTf. ed to know what evidence there was to show that any of the defendants participated in the scheme. The fed eral attorney asserted that Mellen made the purchase in pursuance of resolution of the board of directors authorizing him to take steps to ob- tain a right of way for the New Haven, and that Mellen had testified that he had told the directors what he had done. This interpretation of the evis dence was warmly disputed by coun- sel for the defence, who contended that the investment was Mellen's in- dividual enterprise.
 Followed By Batts.
 MT. Stevenson was followed by R. l., Batts. chief counsel for the govern ment. who dwelt on the methods used
  argument particularly to the legal ap-. plication of the sherman law to such methods. Al ...s.. But it is due to these defendants to say" continued MT. Batts. 'that the impression current in many parts of the United States that they prof1ted personally--that they participated in graft has no foundation. We do not claim that they were actuated by what ,i may be called corrupt intent. That does not mean, however, that they did 1 not intend to violate the law. These directors had such knowledge of this conspiracy that it should have inn pelled them to get out of it.
 Judgment Erroneous.
 Those of the directors who were manufacturers may have thought that 1 the monoply gained by the New Haven was of benefit to New England, said the attorney, but their judgment was erroneous'' in that it was contrary to the terms of the law" The law, he added, was made by the people of the United States, and holds that such conditions as existed in New England are bad for the people of the United States It would not do, he coh- tinued, that a monopoly should exist, bigger than the government under which it wag created"
 Speaking of the acquisition of the Boston and Maine, MT. Batts charged that the defendant Lewis Cass Led- yard was "the initiator and the chief participant in the steps which brought that road under the control of the New Haven and obtained there by "a complete monopoly"
 New Haven Stock Watered.
 Dwelling on the question of intent, . the federal prosecutor declared the evidence showed that before the s3os- ton and Maine was taken over The New Haven stock was being watered for that very purpose"
 MT. Bats then went into the trans actions with John l.. Billiard, wh0{ bought the New Ravens Boston and Maine stock and kept it until a law had been enacted by the Massachusettsy legislature enabling the New Haven to control the Boston and Maine.
 q need hardly discuss before intel ligent men," he said, "The circum- stances which go to show that the Billiard company was a sham, de- vice. a scheme to meet situation that existed. Why, if MT. Billiard was a mere private citizen holding Boston and Maine stock, did he need to be so strenuously defendedY
 Dcnounce Reply.
 The federal attorney denounced the reply made by the New Haven toJ the Massachusetts authorities that it had no Boston and Maine stock, as intending to deceive and pointed toI 4l,at a1l time purchased additional Boston and Maine shares from Kidder, Peabodyl & Co, Boston bankers.