The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-20
US. PUTS MBLLEN
ON STAND TO-DAY
IN NEW HAVEN CASE
Former President Of Railroad
to Tell His Story in Two
I~nstalments.
PLAN rs VIGOROUSLY
FOUGHT BY DEFENCE

The Government will begin This morn.
ing the presentation Of It's evidence
against the New Haven directors in the
United states Circuit Court.
After one or two witnesses. called for
the purpose Of Identifying minutes and
other records. Charles 8. Mellen, one
time president Of the road, now the
precautions star witness. wfl lake the
stand for the first instalment Of his
testimony.
Mr. Mellen is to 60 on the stand twice,
according TO the present plans of Special
Assistant Attorneys-General Bats and
Swacker-the first time to testify to his
knowledge Of facts acquired during his
frst employment with the road, prior
10 his going west. and then the second
tine as TO what he learned when he
returned to the New Haven as president
in 1908. This plan OF dividing the
Mellen testimony was vigorously opposed
BY Richard V. Lindabury. counsel for
william Rockefeller, who spoke on be-
hals Of all the lawyers on the side Of the
defence,
Mr.. Lindahury said they wanted Mr..
Mellen 10 tell everything ne knows at
ore time so that cross-examination may
follow at once. Judge Hun said he
would determine definitely when he
hears what Mr.. Mellen tells when he
gets on the stand.
NEarra lNlaaA ~ ~ -.
failed 10 respond when his name was
called among the list OF witnesses yes
terday, will be in court to-day. II is
understood. Mr.. hast Is a lawyer and.
according to the prosecution. was an
active agen, for Edward ID. Robbins,
former counsel for the New Haven.
Bats Makes an Explanation.
r. l.. Bats. Special Assistant Attor-
r'y-Gererai, who was Attorney-General
Gregory's law partner in Austin. finished
as opening address to the jury at 3
o'clock yesterday afternoon. He was
Interrupted several times because he
WAS arguing his case. as the other side
put l. He explained that he hoped hat
he was not unfair. He was not accus-
toned to opening a case. In fact II was
the first case he nae ever opened.
'oh, l understand II now" broke in
NJ Nicoll. You ave never don't this
before"
When he had finished the defendants
did not appear to be much discouraged.
Some Of them made a point Of showing
that during his day and a half Mr..
Bats had not asserted that the Govern
ment would show that the New Haven
combinations were harmful to the COM
rnerce OF New England and. further, that
while he had set forth many individual
Combinations. cancellations, and pur-
chases ne had nowhere showed a con-
Meeting ink sufficient TO join n consp!r-
acy alleged 10 have been begun In 1890
with events that took place twenty or
twenty-five years later.
Mr. Bats was armed with his blue
prints when the court opened in the
morning and his morning address was
ali detail. enlivened by one or two
little verbal encounters with counsel on
thc other side. He ran over again the
Transport alton situation in New England
In lN'o after which he produced another
print,
Now turn 20 August. 1914" he said.
'wher the Government was making its
Investigation. The transportation IA
cI.'l|s OF New England now are alb
soiut"iy III the grasp OF this corporation.
springfield. New Haven and Providence
AT present similar situations and all due
70 what has been termed the 'Corsair
agr.Auent'"
Ny. Bats here referred TO a declara-
ton made by him on Monday that by
an a~grcene nt reached aboard the late
j 7. Morgan's yacht Corsair the Boston
and Maine Railroad was to have all
l~1rthcrr New England and the New
Havcr the southern part.
mat l. not lutte correct" interrupted
Nj Lindehury The Corsair agree
M'.' WAS '.'de long after the period to
whi'h yoU are referring"
J Hu Hs us The expression because Il
Wa used ~ c1"respondence at the time"
ansNcrnf Mr. Bats. ut matters little
what YOU call it."
billiard Transaction Recalled.
Mr. Bats devoted his hours talk in
U' arr '1oon chiefly TO the Grand Trunk
re road situation, the Boston and Maine
.t"rn'd again and the W~estchester.
sp ih.nG Of the Boston and Maine. he
'Iii Edward u. Robbins went to
washington, and there conveyed a false
mai.'..'n ~ the situation to the au-
,~hoi'.."s and that further, TO quote him,
n directors Of the New Haven pro-
cured .-r,,'l'ioH In Massachusetts which
N"N'l enable them 10 violate the Shsr-
"dI ''N without violating the Massachu-
.,i'5 s'f'utes.'
n this connection he shed new Light
o, an intricate subject by saying that
WA"u tine John l.. Billiard Company took |
over IN" Jog, 900 shares of the Boston
ah' lave railroad. pending necessary
"E@.,'.on, kldder, Peabody & Co. pur-
c,i'ed 10000 additional shares OF the
tl.c" Subsequently the bankers sold
shis AMOUNT to Billiards. company and