The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-23
Pnbltc Always Pays.

The loss Of revenue might hav. bene-
h.ed the public temporarily responded
the witness, but they always have to
pay in the end"
The Sound lines agreement executed
IN 1851 was regarded as the most sub
startial victory 80 FAR OF the Govern-
nsert. and testimony regarding /: went
IN against the protests and
OF nearly all the counsel for the defence.
The agreement regulated rates for all
New England lines and prescribed Il
renAlty of $4,000 for violations. There
SAs an amendment in 1887 and although
all this was before 1890. before the
sherman law had been passed, the Gov
ernment got the facts in evidence 10y
snowing that 1t was referred to in "A let
Ter written by tho president OF tine New
haven IN 1897. Other resolutions and
letters introduced referred to the ac-
ion OF the New Haven ir taking over
he various lines during 1899 and 1899.
One point was developed during the
process of getting in the fact tina the
New York, Providence and Boston Rail-
road was leased by the New Haven, and
that point was that the act was lone by
virtue of special legislation passed In
Rhode Island and by Il general law Of
Connecticut. Ii was intimatcd that the
defence would rely upon th.s. various
acts for the legality OF every absorption
made by any Of them at any time dur
ING the last twenty-five years.
When court opened In the morning the
od so-called Corsair agreement dividing
territory with the Boston and Maiue
came UP. and it was shown by Mr.. Me-
zen no, to be the Corsair agreement a:
AL but one signed at the home of the
ale J =. Morgan.
Mr.. Swacker did not pursue that line,
but turned TO his maps and with Mr..
Aell-r's aid SHOWED the gradual spread
Ok the New Haven lines over New Eng
and starting with the little 500 mile
smear.
Extending the Main Line.
First came the spread due to taking
over the New York. Providence and
Boston aud the Providence and Boston
steamship Company. Then came the
HouSatonic Railroad and its lea sed lines
- extend the thin red line. After tina,
mere was IA diversion. while Ny.
snacker had the witness show tho
srowth Of the Boston and Maine when
II took over the Connecticut River road.
after that came the Old Colony Rail-
road, as well as the steamboat
-N 1871 -" ~ 'AAtfls
and 1893, when Mr.. Mellen was either
general manager of the New York and
New England or second e-presidert
u the New Haven, in charge OF traffic.
Mr, Swacker confined his witness to
Ihese data all through the day, which
meant, as he said later. tina Mr. Melleu
Hll be on the stand for some time OF,
ms his first appearance. Flow long he
VII be there when it comes TO tell about
he years from 1908 to 1913, when
ne was president, Mr.. Swacker couli
not estimate.
Mr. Mellen did not have an oppor-
Unity to testify at any great length al
t.y time. All Mr.. Swacker you'd ash
b"m VAS IL ne recognized "A signature
70 = document. whereupon the said docu-
n.ent would be offered In evidence and
-. argument would start. II was re-
marked that the greater part of the
Argument was with Judge Hunt instead
OF the Governments attorneys.
IN The course Of one argument the
Iadgc used an illustration IN making a
'i.ng which was taken 10 establish the
o'ocedur- for the trial. The defence
"as oOjecting ~stlenuously to the ad-
I."sIou ii the old Sound Inns agree
'heHt. The objections were written and
"''ered many points,
We may perhaps best Illustrate BY
Linking OF what | coEceiv. TO be am
elementary rule" said Judge Hunt. ~
~ ''!cu combine for the purpose. let us
"a, Of murder to form an association
"I-A hdS for Its purpose the destruction
= in" lives Of those who may be OBJ
tctOHiolr to the members OF ,he as
r,-Iailon, and IL uns along, and years
''.t' IT'S original inception men come
mo II and carry on It's purpose, they
.it he indicted, charged and convicted
ny having Joined a conspiracy, provided
'"a!s. that II is shown beyond a rea-
"Htu'" doubt, the measure % proof
ava d"wa IL criminal cases. that the
origin, combination existed. and fur
."'fnpgo that the particular individuals
r"afs"d 20 have come into the combina-
ION galn" into IL Within the period OF
ne statute OF limitation. But II il he
p''''I that the original statute existed
""ttr."r 20 the period Of the statute OF
limitations, and II it Is further proved
mat n ran along into the period, and
Al tic one charged came into IL with
! ti' period, then thai one so charged
nay 10" tried and convicted ever though
'r n"N.r knew of the existence Of tho
"sl'utI combination until just before he
c-We ,utp IT,"
me agycemeut went in with It's
...chdmcn, Of 1887 and the letter Of
1891, showing that II was still alive,
Query by Mr.. L~indabury.
vi Swacker found his witness get
VIZ away from him later when the
"'il''s of the directors meeting or No
Nrnu'r .. 1884. were introduced into
.'1d'u"" This had to do with the with
o't"al Of u Western arbitrary sheet