New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-11-24

The task of showing that this relation
existed. He still had as his witness
Charles S. Mellen. Mr.. Mellep is no
longer the seemingly willing witness
that he was at the beginning Of the
trial.
But, despite his skidding memory
and his frequent Statements" by
which he avoided giving direct an
swers, there were drawn from him an
swers every now and then that made
frst-rate hooks TO hitch up the Billiard
deals with the New Haven directors.
At one point Mr.. Mellen said;
81 never did anything without au-
thority from my directors. never
had power TO take stock from the New
Haven treasury without such author
ity. II such authority is not reflected
in the minute books of the directors
meetings, Il must have come to me
from a committee which had the
power. No minutes were kept of the
committee meetings"
Billiard In Is. x NJ. Deal.
The situation was that the New
Haven held l09,94S shares of Boston
& Maine stock, which was declared IL
legal, and of which it became neces-
sary 70 diyest himself. John l.. Billiard
was the one who took il off their
hands. He was in the coal and wood
business in Meriden, Conn. Ii was the
contention Of the prosecution that
Billiard and his company in this matter
were only q New Haven dummy.
In bearing out this contention. Mr.
Bats drew from Mellen the admission
that he gave Billiard 100000. Mellen
said: 81 gave him in amounts Of
$4,000 or s75,000-I simply adj
vanced it to him, charged him inter
est, and he paid il back. The whole
transaction involved 1901 900 and some
odd dollars and cents. ! gave Z TO
him through a Mr.. Brown" (This
was Frank T. Brown, Of Norwich,
Conn.,
Money from Navigation Company.
The money came from the New Eng
land Navigation Company, he said, and
was given 10 him by authority Of the
directors. The navigation company
was a New Haven subsidiary. The d.
rectors knew that the money was to
finance Mr.. Billiard, Mellen went on,
and he acted on the assumption that
they wanted him to help Mr.. Billiard
whenever Billiard wanted help.
In order better to handle the mat
tiers in case anything happened TO
Billiard. the Billiard company was
formed. Mellen said that all facts
known to him in these operations were
laid before his board of directors.
1t seemed as if Mellen had been rea-
soned with during the luncheon re-
cess, for he asked leave TO make
statement at the opening Of court in
the afternoon.
Mellen Makes Statement.
any attention has been called" he
said. "to the fact that my testimony
/ this time has seemed not TO agree
with my testimony before the grand
/ Jury. ! think that must be due to the
( fact Nhat the questions asked by the
counsel for the government have not
| been the same as to draw out the
/ same answers. My testimony has not
varied at any of the inquiries into this
matter"
[ Then Mr.. Bats, with the assistance
of documents. drew from the witness
/ the story OF how Kidder, Peabody
I Co.. Boston brokers, bought 1870
shares Of Boston & Maine at Mellen's
directions, making about 100000 on
the DEAL involving about s3,0OO,OOO
worth of stock. This was not pri-
vate deal, Mellen said, but was one he
would not have ordered except as pres
ident Of the New Haven. The usual
profit would be. Mellen said, a commits
sion Of one-eighth Of / per cent.
The brokers bought, he said, in the
market, and the New Haven paid them
about twenty points over the market
price, Mellen said.
How Money Was Furnished.
With the aid of documents it was
shown how Billiard was financed to
take this stock off their hands. A de-
post was made by Mellen at the direc-
ton of the board Of directors in the
Bank of the Manhattan Company of
81 10000. Henry X. McHarg, one of the
defendants, was director of the bank,
and Mellen said he made the deposit
through him. Another deposit of ST.
! 100000 was made in the Mercantile
/ National Bank, Of which William
| Skinner another New Haven director,
was a director. He is named as q CO.
conspirator in the bill of particulars.
| In addition 10 this, Billiard was ad-
vanced on a note 100000 By the
| New England Navigation Company.
With the 5000, 900 credits thus estab-
lished for him by the New Haven
men, he took off their hands the 1875
shares of Boston & Maine stock.
81 have not spoken for two days"
said De Lancey Nicoll, rising suddenly
| in the midst Of these complications,
"and want 10 ask Mr.. Mellen to give
a description of this Mr.. Billiard"
"He was slightly taller than Mr..
Lindabury," said Mellen, "and very