The Birmingham age-herald., 1915-10-19
CRIMINAL TRIAL 0F l DIRECTORS BEGINS
 AS ROAD THR|VES New Haven Is Just Emerg- ing From Its Period of
 Greatest Despair HIGH CHARACTER
 OF MEN INVOLVED rr
 So Conspicuous Are They That the Attention of the Whole Nation Is Likely to be Centered on the Trial
By HOLLAND

New York, October 1S.-(Special. )-when the criminal trial of 12 citizens charged with conspiracy to monopolze transpor- tation in New England so as to give the New Haven Railroad company substan- tially monopolstic control is written there may. be some reference to the fact that Just as this trial began the evidences were plentiful that the New Haven Rail- road company was emerging from con- dition of despair, demoralization and theatened receivership, and was likely again to secure the prosperity which for many years was characteristic of it. The men of wealth and prominence who as directors of the New Haven railroad were made defendants in a criminal suit brought by the federal government must have contemplated with no little interest as their trial began the statistics that told of the beginning of an achievement that points to success by Howard Elliott now president of the New Haven com pany.
 This railroad company has sometimes appeared to be the victim of misman- agement and of ambitions which the di- rectors who are brought to the bar of the federal court of the United States were presumed to represent. This view may or may not be accurate, but the fact re- mains that one of the great railway sys- tems of the United States, which, natur- ally and properly. was in possession of much of the traffic within New England as well as to and from New England, and was at one time so prosperous that the Is cause the market price was so high and because the stock was so closely held within a few years fell from that high position and seemed likely to pass into the hands of a receiver, a broken-down and shattered railway system.
 It is not the purpose of the government In prosecuting the directors to secure lsuth verdict as would justify punish emmt for the condition in which the rail- road company found itself a few years a5o. The purpose is understood to be simply this: To test by judicial and criminal proceedings the efficacy as well ys the meaning of the federal statute Which makes criminal conspiracy which has a monopolistic purpose in mind. The federal government charges some of the members of the New Haven railroad not all-with having conspired in crimi- nal sense with intent to monopolize trans portation facilities in New England. The llI1dl VIII D6 OI utIuOSt consequence Since 4t Is likely to establish the efficacy of the statute as well as to result in judicial determination of what is and what is not . criminal conspiracy under the Sherman law.
 Two years ago. when Howard Elliott became president of the New Haven rail road system, he found himself face to face with one of the most difficult con etructive and upbuilding propositions any railroad manager ever undertook to han die MT. Elliott, however, believed that there was inherent value in the New Haven railroad property when after tha. property was stripped of some of the sub- sdiary companies which were brought within it's control during the presidency of Charles S., Mellen. MT. Elliott, concen- frated his attention upon nursing these Inherent values so that in time the com pany could be found convalescent, and when 1t reached that '' certain in his opinion, to regain health and pros perty. He was sure that it suffered from no organic disease. Under his manage frnent, it has regained confidence and is believed now to be well advanced in con- valescence. The proof of this was demon strated just about the time the trial of 1: men who were directors of the company at the time the alleged conspiracy was perfected began in the circuit court.
 Sometimes in criminal trial the defense thinks 1t worth while to offer testimony tending to prove such high character ol an accused person as to make 1t seem Improbable that he could have committed any criminal offense. Testimony of that kind will not be necessary in this tria since the high character of the defend