New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-10-15
PICK TENTATIVE
NEW HAVEN JURY
Both Sides to Begin Final
Challenging To-day
Trial Likely Monday.
MELLEN TESTIMONY
PROMISES SENSATION
Defendants More at Ease-Mr
Rockefeller Much Interested
by His Newspaper Photos.

Though the jury box was hlled yes
to-day for the trial OF william
Rockefeller and ten other past or pres
ent directors Of the New York, Ne"
Haven & Hartford Railroad Company
charged with conspiring to violate the
sherman antitrust law, the jurors are
only tentative, and it is probable that'
with challenges and the work OF ex-
aiming further talesmen. all OF to-day
will be consumed in deciding on the
twelve men who are to hear the evil
dence.
The trial is being conducted before
Judge William J. Hunt Of the United
States District Court on the third floor
Of the Federal Building. r. l.. Bats, OF
Austin, rex.s, who. AZ Special United
States Assistant Attorney General. IS IN
charge of the prosecution, will open on
Monday if the jury is complete, and ne
expects 70 use two days IN outlining
the case he purposes presenting
Reports have been current around
the Federal Building for several days
that the most sensational testimony 20
be given against the defendants would
come from Charles S. Mellen, forme
president of the New Haven. John W:
If. Grim, Mr.. Mellen's attorney, and
counsel in this proceeding for James D
Hemingway and A. Heaton Robertson,
said Yesterday that Mr.. Mellen's story
would be the same he told TO the mem
bers of the Interstate Commerce Com
mission in Washington in June, 1914.
Defendants in Jovial Mood.
All the defendants seemed to be in
livelier mood yesterday than on
Wednesday, when the trial opened. Mr.
Rockefeller was not so nervous, and
there was considerable spirit IN his
movements TO and from the courtroom
Edward d. Robbins, former general
counsel for the New Haven. is the pos
SCISSOR Of a face that never reveals
whether he is genuinely interested OF
politely bored. Though most OF the
men on trial are past middle age, they
give no evidence of having just come
from, or of fear OF entering, SIGH
room in the role of patient.
Mr.. Rockefeller attracts most atten'
ton. though he is just as quiet as the
b
some of his brother defendants. He ex-
pressed a great deal of interest yester'
day morning in the photographs of him
self that were printed in the news
papers.
sympathy for Mr. Rockefeller was ex'
pressed by one talesman, c. Baron
Taylor. of 1872 East Seventy-frst Street
a cigarette and Scotch whiskey mer-
chant. When Delaney Nicoll, of coun-
sci for the defendants, asked Mr.. lay
Tor il he knew Of any reason why he
couldn't sit as a juror. he replied:
an tell you, Mr.. Nicoll, should be
very sorry TO see Mr. Rockefeller get a
jail sentence"
"Well, we all would" the lawyer re-
marked, but don't think there is
much danger of it,"
The jury as IL now stands is consti'
tuted of:
Daniel VI. Flanagan, retired drygoods
dealer, so Manhattan Avenue; Max
Hartman. commission merchant, IL
East Thirty-third Street; Albert y
Weldon, builder, 1868 cambridge Ave
nue.: Charles T.. Gleason. jewelry
broker, 1853 West Fifty-eighth Street;
George b. Raymond, iron pipe dealer
1850 Webster Avenue; William c.
Tucker, cement specialist, New Ro-
, chelle: Fred f. Waters, cotton goods
Park Hill. Yonkers; Joel Kraus. retired
restaurant keeper. 444 Central Park
West; Peter Wagner, builder, 236 Yves,
12lst Street; James +. Pegnam. real
estate and insurance, $50 Manila
Street; William G.. Eccles, butcher. S3e
Sixth Avenue. and Andrew l.. Grace
electrician, 303 West 1l6th Street.
Each side started with eleven per
emptory challenges. Each side eX'
/ hausted one yesterday.