New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-26
MELLEN ENJOYED
GAME OF KILLING
RIVAL ROADS
New England Protested in
Vain as Freight Rate
Rule Slashed Business.
LOVE-LORN EMPLOYE
BORE CONDOLENCES
Policy Of "All Business or None"
Disclosed by Documents as
Witnesses Memory Fails.

Charles S. Mellen's memory suffered
bad wreck yesterday at the New
Haven trial. The disaster, however, did
not damp the CAVITY Of the session,
which was enlivened by the jocular
spirit in which the railway giants of
the early COS arranged among them
selves to strangle to death the New
England Railroad, then the New
Haven's chief competitor, as told In
their letters to one another
The comedy and the wreck to the
Mellen memory both had to do with
the anguished complaints Of the New
England road as it felt the grip Of
annihilation tightening about its
throat, in the form of discriminatory
freight rates. Mr.. Mellen's memory left
the track when Frank NJ. Swacker, of
government counsel. asked him whether
the rule of refusing to advance
charges, promulgated by Mellen while
he was vice-president of the New
maven, was put IN lorce.
at is so .ong ago | don't recall" re-
piled Mr.. Mellen, whose pride in his
ability to remember small details back
into remote years has made it seem
impossible for him to forget anything.
His memory l.ew a bit better when
Mr.. Swacker asked him if he recalled a
court action in which restraining or
der was issued. He said he had dim
recollection of those matters. But his
memory got back into full running or
der when Mr.. Swacker began to read
his letters from the letter press book.
One of the Mellen letters in regard to
his company refusing to extend credit
to the New England, addressed to C.
Peter Clark, general freight agent of
the Old Colony System, ran:
A Letter to Draw Tears.
Relating to complaints by Taunton
parties of our recent order regarding
prepayment OF charges on freight
going to points west Of Newburgh by
the New York e. New England Rail-
road, it is our desire that you shall
reply 10 these people as pleasantly as
possible.
Write just as nice a letter as you
know how, expressing all manner of
regret that you are obliged TO take th S
action, and that it embarrasses them,
but ask them to give some considera-
tion to the railroad situation and try
to put up with the situation as not
being an unreasonable one, but rather
ole necessary for the proper protec-
tion of our pr~perty.
you can fix up good letter. have
no doubt Jne that will draw tears to
the eyes of the people to whom it is
addressed and convince them that you
are only driver to this course by dire
necessity
Mellen laughed delightedly as this
reminder of his old railroad days was
read and the courtroom echoed his in
fectious laughter. But that mirth was
nothing compared with what was called
forth by this answer from Mr.. Clark:
IL have told our agent to notify their
(the New England) agent that we
should be glad to forward the business,
but should allow him no credit in the
daily settlement of their expenses.
~ think this will bring the matter
to a head, and, perhaps, we will find
that we have not heard the last of il
yet, for which reason ! do not want
10 make too much evidence. (At which
Mellen smiled pleasantly
Dolorous Youth the Messenger.
Instead of writing them | have de-
cided TO send a man down to Taunton
to interview these parties verbally. |
have selected young Palmer, and |
think he will reflect our grief at the
cruel situation.
Palmer was to have been mai ried
the first of January, but the Pennsyl-
vania cut down their force in Boston,
whereby he lost his position. When
he came here his pay was less and the
poor fellow has been waiting, waiting,
waiting ever since. | think mis- mourn
full appearance will enable him to do
ample justice 10 the sad side of this
unfortunate situation"
R. V. Lindabury, of counsel for the
defence, sought 20 soften the effect OF
these crue! jokes by bringing up the
question as TO whether the New Eng
land was not already insolvent at that
time; on the theory that this would
indicate justifable discretion on the
part of the New Haven in not wishing
il or its affiliated companies TO give II
credit, rather than that the letters
indicated a plot to bring about its
downfall.
"The balance was in favor OF the
New England" Mellen replied IN an
swer TO questions from Mr.. Swacker
and he also admitted that the change
in freight rates against which the New
England was complaining resulted IN
the balance changing the other way
about this time. -,
The complaint Of the New England
Co,tinu.d on page 4, column