New-York tribune., 1915-11-23
LITTLE FATHER
ADVISED MELLEN
ON B. & vi. DEAL
Roosevelt Did Not Favor
Canadians GettingLine,
Witness Says.
HELD TO BE PERIL
FROM MILITARY VIEW
Defence Opposes Admission OF
Billiard Company Evidence
in New Haven Trial.

The admissbility Of evidence IN re-
gard to the famous Billiard Companys
part in the alleged continued control
by the New Haven over the Boston
Maine. after such control hau been de-
clared unlawful, was left hanging IN
the balance Yesterday, when the trlal
of the eleven former New Haven di-
rectors adjourned for the day. The Bill
lard matter, said X. L. Bats, OF gov
crnment counsel. was essential 20 the
governments case, and he and his as
sociates will fight hard to get II INTO
the record.
The situation, it was shown by the
government, was that the New Haven
got 109,94e Boston & Maine shares
after series OF secret financial opera
tions. and that the courts OF Massa-
chusetts finally declared such owner
ship of a rivals stock was Illegal.
bill was passed in the Legislature al
lowing the New Haven to hold the
stock, with the provision that II could
not vote il, sell it or do anything but
hold it in its treasury.
I'VE couldn't do blessed thing with
it," Charles S. Mellen testified yester-
day.
During the pendency of this condi-
tion, which the bill imposed for a year
and which continued for year longer
machinery was set in motion which
finally resulted in the charterlng by
the Legislature of the Boston Holding
Company, which held the New Haven's
Boston e. Maine stock for 1t. 1t was
easy sailing for the government attor-
4. ,,,., h..
Billiard Evidence Opposed.
But when it came to evidence in re-
gard to the activities of John l.. Billiard
and the Billiard Company the fight be
gan. II is through the Billiard Com
pany, the government charges. that the
New haven kept its secret grip on the
Boston & Maine while il was having the
laws made over to meet the needs of
the situation.
Homer 5. Cummings, counsel for
Henry X. McHarg, one of the defend
ants. argued against the admissibility
of the Billiard matter. The Billiard
Company. he said, was purely an in
ve5tment company, loaning money, but
never owning a share of any common
carrier stock. To allow evidence in re-
gard to it would be to take up the in
vestigation of collateral matter. he
argued. that was remote from the
present issue.
Judge Hunt aid that if such were
the case it, of course, was not relevant
TO the present trial, and asked the gov
crnment counsel to explain the theory
on which they contend il is relevant.
Mr.. Bats replied that it would be
shown that tn Billiard Company was
simply a dummy for the New Haven,
and that the New Haven owned it, the
stock being in Charles S. Mellen's
hands, and that every step of the Bill
lard Company was actually a step Of
the New Haven company.
"No, no." said Mr.. Mellen. who was
on the witness stand.
81 knew MI Mellen would deny that
statement. but shall prove il true, and
through his own testimony exclaimed
Bats.
MeIlel Tells of Washington Trip.
In testifying about the acquisition Of
the Boston & Maine stock Mellen told
of trip he made to Washington to
consult President Roosevelt about il.
and said he came away with his ap-
proval. He was moved 20 do this, he
said. by the knowledge that the Boston
e. Maine owners were eager to sell, and
tUdA the liHt UlEIt TAIL mo NUt udIuS
Of Canadian interests.
81 told President Roosevelt OF my
fear that the Canadian interests would
get the line" said Mellen, "and he said.
as he did on other occasions when I
talked with him, y am no lawyer.
and anything you do you will have to
do at your own risk. but if ! thought
there was any danger of a Canadian
company getting the Boston & Maine
think would buy it II ! were YOU
"He sent me to see Franklin X. Lane,
of the Interstate Commerce Commits
sion (who is Canadian by BIRTH. and
explained the situation to him Mr..
Lane said he fully appreciated the
danger which might attend the control
Of railroads in the United States By
aliens. From a military viewpoint. he
said, he thought it would be bad that
any Canadian road should control such
a considerable system Of railroads in
the United States as the Boston &
Maine"
Refers to Little Father
Then there were put in evidence let
ters that passed between Henry VI.
Whitney and Mr. Mellen. In regard TO
the Boston & Maine matter Whitney
wrote TO Mellen: 1--WE also thought
that the Little Father at Washington
might like TO get his finger into the
pie; in which case. if it did happen be-
fore the public had become reconciled to
/ the change, it might result in infinite
harm to all your interests"
In reply Mellen wrote: "The Wash
ington government. think, have COM
pletely cared for One never knows for
certainty regarding matters there.
but the ground has been carefully
ploughed and every chance for trouble
considered and think eliminated
Before Mellen was put on the stand,
at the opening OF the day, Captain
Lewis A. Bowen. brought from Bremer-
/ ton, Wash, testified for about three
minutes II cost the government about
$3.50 10 get him here TO do 1T. He was
: asked whether "dacdheads" on steam
I ers could drive a steamship company
q into hankruptcv gnd whether thew were