New Britain herald., 1915-11-18
JUDGE HUNT AGAIN
 RULES FOR DEFENSE
Third Point Scored by New Haven
 Road Against Government
PROSPECTS CAN'T CONVICT''

No Testimony Before Court on Ac-
 ouisition of Sea View Road-Attor-
 nev Nicboll Proposes That Jury
 View Property.
 New York, Nov 1S.-The defense in the trial of the eleven former di- rectors of the New York, New Haven and Hartford Railroad proposed to the court today that the jury be taken on an inspection trip over the lines of the road so that they could sec for themselves the actual physical condi- tions around which the testimony in the case centers. The suggestion was not pressed by the attorneys for a de- cision at this time, but R. l.. Bats of the prosecution, refused to take the suggestion seriously.
 Judge Hunt, without committing himself, did not seem inclined to favor the proposal. It was made just before the government launched into the his tory of the acquisition by the New Haven of the Boston and Maine Rail- road Charles S. Mellen, testifying on this subject, said a proposition to buy control of the Boston and Maine was made to him by Gardiner M. Lane, of Boston, who told him the stock was on the market Lane, Mel1en said, told him the stock was going to be sold anyway, a fact which the witness said he regarded as "A serious thing"
 Judge Rules Against.
 For the third time since the prose- cution in the trial began to put in evidence relating to thetrolley acquisi- tions of that road, Judge Hunt today ruled against the government.
 He ordered stricken out testimony Of the acquisition of the Sea View Railroad Co. in Rhode Island on the ground that it was an interstate company and not amenable to. the sherman antitrust law for the alleged violation of which the defendants are being tried.
 Assistant District Attorney Steven son argued that there was a pros rect that the line might be used in interstate commerce.
 You can't convict men on a pros- pect,'' said the court.
 Providence and DanieIson Road.
 The acquisition, however, of the Providence and Danielson road, which crosses the Rhode Island state line, was admitted.
 This was taken, it was brought out, at a price, of seventy-fve per cent. for the bond and twenty for the stock.
 The line was acquired in connection with the Union Railway, the trolley system of Providence, which, &C., Cording to evidence in the govern ment's case, cost the New Haven $20,000,00O.
 The government here dropped the trolley line phase temporarily and took up the railroad situation again. Charles S. Mellen was asked to de- scribe the situation on a map in 1907.
 Joy Ride For Jury
 There were, he said, two inaccu- racies on the map, and at this point 1 Delaney Nicoll, of counsel for the 1 defense, proposed to the court that | the jury be taken on an inspection l trip over the New Haven lines.
 ''The jury" he said, "has legal ] right to view the premises. l pro- pose to the court that the government procure an inspection train and take the jury over our lines, from New York to Boston and give them ride, too, on the Joy Line.
 "Our contention is, and it will be, that. we have improved and developed the commerce of New England and contributed to the happiness of the people Why shouldn't the jury be allowed to see the situation for them selves = I have no doubt that the government will consent"
 Nicoll A Humorist.
 'The government" said R. l.. Batts, "has nothing to say other than it has an appreciation of the delightful hu- nor of MT. Nicoll."
 ''This is not a jcke," interposed R. l.. Lindabury, of counsel for the de- fense. "It is made with the utmost We believe the jury will get real light, real help from an in spection of the New Haven road"
 Judge Hunt said there was no doubt of the courts power in the mat ter but 'The danger is that evidence is gathered and impressions are gained that have not been testified to-"
 Counsel for the defense said they would not ask for immediate consid- eration of their suggestion.
 MILANO STOPPED.