Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-12-29
Iudge Hunt Denies Motions for
Dismissal of Indictment and
RpIes That Case Must BE Sub
mitted on Facts as Applied to
Each and All of Defendants
THREE DAYS FOR THE
DEFENSE PRESENTATION
William Rockefeller and Edward
D. Robbins III and Unable to
Appear in Court--Tribute to
MeIlen as Presiding Officer

MeIlen as Presiding Officer
New York. Dec. 2S.-The hopes of the
If former New Haven Railroad diIr,c-
,,rs that the Sherman law conspiracy
rbar-e against them would never
zach the jury for u verdict dissolved
.oday when Judge Hunt denied the
nations Of their counsel for the dis
m,ssal Of the Indictment without com
monting upon the arguments that had
t.sn given for and against the mo-
ions. he ruled that the case should
he submitted to the jury on the facts
. applied To each and all the defend
lnts.
Metropolitan Deal
The court also denied the motion to
criko ont the governments testimony
N the So-cllled Metropolitan Steam
,hp deal which chiefly involved Ed
ward D. Robbins, former general
counsel Of the road. but which the
government contends implicates the
other defendants also. The court said
however. ir respect to this motion. his
denial carried no prejudice against its
renewal At a later date. The sole con-
slation for the defense was the grant
ing OF a motion to strike out certain
documentary testimony against one
latendant, Charles F. BROKER.
Without attempting to outline to the
ltorr, vs. for the defendants then
2lnched into the presentation of their
SIDE Of the case which il was said
would occupy less than three days.
Lewis CasS Ledyard was n witness in
his own defense and Charles NJ. Pratt
plans are changed, no other Defendant
will testify
William Rockefeller III
An excuse for not calling William
Rockefeller was given on the stand to-
day by his physician, Walter F. Chap
wle who said that the aged million
ARE was i'll and that the ordeal would
seriously endanger his life. He ex-
glainad that his patient, afflicted with
throat trouble. was subject to spasm
# the epiglottis when under strain or
excitement or when suffering from
odd Mr. Rockefeller. who has not
attended court since early last week,
las a cold now, the physician testified.
Robbins Unable to Attend
Edward .. Robbins is also i'll with
he grippe at his home in New Haven,
L vas learned when he failed today
70 appear in court.
General denial of all the charges
against him was made by Mr.. Ledyard
Ia testimony. He placed upon the
&oulders of Charles S. Mellen, former
Resident of the New Haven. the re-
for the acts which the
7iiness approved as a director.
Meilen Presiding
Mr.. Mcllcn would preside at the
Electors meetings. said the witness.
He would have in front of him an
s7ormous mass of papers. formal re-
@rts and memoranda. He would take
1eSe up one by one and he knew ex-
ac,ly what each contained. I never saw
Dis equal as a presiding officer. he was
. perfect marvel. He had everything at
Zig tongues end just as you have seen
I'M testify here. We had great con-
sience in Mr.. Mellen. He was thor
1ghly familiar with all the needs and
nditions in New England and ms
concentrations carried great weight.
@metimes one of us would disagree
nth him but his suggestions usually
'ere adopted"
Ledyard Testimony
Nr. Ledyard. a lawyer himself, tes-
med that in the negotiations he con-
Vucted in 1907 for the sale of the stock
" which the New Haven acquired the
'oston & Maine Railroad he had re-
40 upon the decisions of the Unlteo
states supreme court to guide him.
'.d was satisfied that the acquisition
W The road by the New Haven would
'e legal transaction. Not until 1917
'Aeh the supreme court handed down
AZ opinion in the Union Pacific case
vas the theory promulgated by the
SUuFt' said Mr. Ledyard, that the
D"efman law took precedence over
,@!e laws in the matter of corporations
'ach the state had created. He had
'Ned chiefly, he said. on the court TO
we decisions in the Northern Securi-
US case which he explained to the
wy left open the question Of the right
state to sanction acquisitions by
'diroad over which it had jurisdic-
p .u, On the legality Of the sale OF the
,.'s'on & Maine to the New Haven as
as the laws Of Massachusetts, were
w S;'eerned, he had relied on the ad-
We OF Richard Olney, then a director
the Boston & Maine. but former
...aetary of state, and United States