The sun., 1915-10-24
TODD TO FOLLOW
MELLEN ON STAND
New England Railroad Man
Expected TO Clarity New
Haven Deals.
WAS ONCE AN OFFICER

Following Charles s. Mellen Oh the
witness stand in the Federal prosecu-
tion Of the New Haven directors will
come. II is believed, Percy X. Todd. pres
ident Of the Bangor and Aroostook Rail-
road.
Mr.. Todd has been In and out the
District Court under subpoena almost
every day since the trial began and has
made q strong plea to be called in order
chat he may return to his business
Mr.. Mellen will remain on the stand
at least two days longer on direct
examination, and no one knows how
long he will be under cross-examina-
tion on the first phase Of his testimony.
the period between 1892 and 1897.
when he was second vice-president OF
the New Haven. 1t is believed that he
has about finished telling OF the absorp-
lions and consultations Of the first Pc
riod. but there are voluminous records
and incidents concerning the various acts
0tili to be offered In evidence.
II Is not known definitely whether
Mr.. Mellen will be cross-examined at all
on the testimony he is now giving. No
announcement has been made by the
defence. The lawyers may wait until
after he has told all he is asked to tell
about his second experience with the
company. his presidency between 1908
and 1913.
Charles +. Choate OF Boston. In all
Likelihood will cross-examine Mr. Mel
len when the time comes. The Choate
family has heen connected with the
New Haven road since it's earliest days
and the lawyer knows the Intricate sub
3cct thoroughly.
Under cross-examination. il Is en-
pected that Mr.. Mellen will be Of the
greatest benefit to the defendants In
that he is expected TO repeat on the
stand what he has said publicly ON
other occasions, that all the consolda-
tions. the acts complained of by the
Government as based on conspiracy in
violation of the Sherman law, were Of
beneht to the commerce of New Eng
land. Tho theory of the defence is that
with this fact established the Govern
mcnts case must fall.
Mr.. Todd became second vice-presi-
dent of the New Haven. the position
once held by Mr.. Mellen, in 1901 and
he Is to be asked about that section of
the bill of particulars referring to the
actions Of the New Haven toward the
Joy Line. which was at one time inde-
pendent. In paragraph IL. sections b
10 J inclusive, the Government alleges
acts "saipst the Joy Line which aided
In forcing that line into the possession
Of the New Haven.
The first section alleges an agreement
between the New Haven and the Provi-
dence and FAN River steamship Conn
Dany by which the Joy Line was pre-
vented from leasing the Commercial
wharf at Newport. The second cites an
agreement with the Pennsylvania Rail-
road not 70 sell or to lease the steamer
0hinnecock TO the JOY Line. The third
section cites an agreement with the
Metropolitan Steamship Company and
the Ocean Steamship Company by which
frcigh. was not to be shipped by them
to Providence over the Joy Line. The
fourth cites an agreement between the
New Haven and the two steamship
companies by which the two lines should
make their freight rates from Boston 2
cents a 100 pounds. less than any price
OF the Joy Line, also to increase their
eailings. These acts, according to the
bill OF particulars, were executed be-
tween June 10, 1901, and April 90,
1908, when Mr.. Todd was IN office.