The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-12-29

Lewis Cass Ledyard. one Of the eleven
former directors Of the New York. New
Haven and Hartford Railroad who for
more than two month have been on
trial before Judge william II. Hunt In
the United States District Court on q
charge Of conspiracy to ~monopolise the
transportation facilities Of New England,
took the witness stand yesterday--ths
opening day Of the defence-after Judge
Hunt had denied a motion to Quash the
indictments against the Individual de-
PENDANTS. This motion ~ one Of three
which were argued by counsel last week
prior to the Christmas adjournment.
II shall make no comment on the tes-
timony at this time said Judge Hunt In
his ruling on the motion 10 dism'ss'
Suffice Il to say that after careful de-
liberation on the motion Il must lie de-
Med"
The second motion made by counsel
for the defendants directed that the tes-
| timony relating to the acquisition OF the
| Metropolitan stea 'nship Company from
the Morse interests by the New Haven
| be confined to one defendant. Judge
| Hunt ruled that this too must Re de-
| .leu NJ tulB Ilrle, III WtttfOut piNSuo'SO
against the right Of the defendants to
interpose a similar motion later. Then
| Judge Hunt granted the third motion,
excluding from the record a letter writ
ten by John NJ. Hall, one time president
NJ the New Haven. to Charles +.
Brooker, one Of the eleven defendants.
relative to certain desired trolley lesis-
lation.
-~-- nal. n>>
Guided by De Lancey Nicoll through
the directors meetings of the New Haven
and Of the Boston and Maine Railroad IN
which his name figured. Mr.. Ledyard ex-
planned the several acquisitions OF out
side lines 10y the New Haven In which
he participated from the time he became
a director OF the New Haven in 1907.
after the New Haven took over the Bos-
ton and Maine, down to directors meet
ings In 1912. which was a. far as he
got before adjournment. TIL court al
lowed him free rein. and the Jury ap
parently was impressed by the witnesses
ready narrative.
Much of Mr.. I-edyard's testimony re-
lated 10 the sale Of the Boston and Maine
stock to- the New Haven. the legal and
I commercial aspects of which the wit
ness said he had carefully studied. He
did no, believe the Boston and Maine
acquisition was In violation OF the Sher-
man act. He considered the two roads
not competitive. but Complementary
lines. And he said his belief was based
on his consideration OF the decisions OF
the United States Supreme Court, the law
and decisions of Massachusetts, and espe-
clally on the opinions rendered In the
Northern Securities case.
Jus, before court adjourned Mr.. Led
...rl e.s~ Ntnt Ia Me 0ntnfnn ia T. nifa6
states supreme Court did rot decide un-
III 1912 the question OF the application
OF the Sherman law to the ownership
Of one railroad line by another within
a state. The division OF the court in the
Northern Securities case, said Mr.. Led
yard, left the question open until the SUI
preme Court decided in February. 1912
that the merger OF the Union Pacific ant
the Southern Pacific by T.. II. Hartman
In 1905 was a violation OF the anti-trus'
statute. II wac In this belief. apparently
that Mr.. Ledyard justified the acQuisl
ton by the New Haven OF other trans
portation properties.
The theory Of the defence that tn,
Boston and Maine deal was justified wa
strengthened by the testimony Of tn,
first witness for the defence, Dana Ma
lone OF Boston. Attorney-General Of Mass
achusetts when the New Haven acquire,
the Boston and Maine, and previously
legislator and District Attorney. Ques
toned by Charles +. Choate in refuta
ton OF certain evidence introduced b.
the Government. Mr.. Malone gave hi
version OF his opinion 20 Gov. Draper II
1909. which held that the railroad hold
ing company bill was not contrary t
the sherman act,
Not Influenced by New Haven.
The Massachusetts Legislature author
lied under this bill the Boston Railroa'
Holding Company to acquire the stock o
the Boston and Maine. which had bee
sold to John l.. Billiard by the Ne,
Haven. Mr.. Malone testified that n
\.u JI.ypn Influence ac.ed u, IN