The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-13
70 new HAVEN MEN
! FACE TRIAL TO-DAY
FOR CONSPIRACY
Case Begun Years Ago InvOlv-
ing Many Financiers, in U.
s. Court at Last.
FOUR MONTHS AT LEAST
NEEDED FOR TESTIMONY

After at least eight years OF private
attack and nearly as many years of OIL
cial Investigation twelve former d.
rectors OF the New York. New Haven
and Hartford Railroad, out OF twenty
n originally indicted. are called TO
face trial in the United States court here
this morning on a charge Of having con-
spired TO m~onopolize the transportation
facilities of New England. The men
who are TO he called TO the bar before
Circuit Court Judge William II. Hunt
are:
William Rockefeller, George MacCul-
Ioch Miller. Charles +. BROKER. II. New
ton Barney. Robert w. Taft. Lewis Cass
lRdyard, Charles VI. Pratt, A. Heaton
Robertson, James s. Hemingway. +. r.
Brewster. Henry X. McHarg and +. d.
Robbins.
George p. Baker. T. DE witt Cuyler,
Theodore y. Vail. Francis T. Maxwell.
Edward Milligan and Alexander Coch-
iane have been granted a trial separate
from the first one. while James =. Elton,
william Skinner and John l.. Billiard
were granted immunity because OF testf-
mony required of them before other
bodies. =
Case May Take -Four Months.
The case which Is to come on to-day
In fega rded as one OF the most notable
in the history of the Department of JUS
tice, on the criminal side. This is not
only because of he prominence Of the
men indicted. but because of the volu-
minousness of the matter to be presented
A. evidence. Every act Of the New
Haven directorate looking toward the
acquisition Of any property whatsoever
from 1890 down TO a day within three
years of the finding OF the Indictment
on February 26 of this year has been
investigated, analysed according to the
theory of the prosecution and set forth.
The exhibits alone will fill one end of a
court room and ii is estimated that 1t
will take at least four months TO try
the case.
While the sherman act, or the crini-
ma. law based upon 1t, Is the sole reliance
o. the Government. there have been in
dications that before the defence is fin
ished much more intricate questions of
law will arise.
\ question which may appear will be
that of State sovereignty, the right of
IA State to legislatc for its domestic
corporations. On that point 1t may be
that the state of Massachusetts will
find itself interested before the trial is
ended.
Another question which may come up
will lie the powers OF one administration
TO bind it's successors and on that phase
both former President Taft and Attor-
ney-Gencral George w. Wickersham
might become witnesses for the defesice.
The indictment found first In Novem-
her. 1914. after a prolonged period OF
agitation, charges. Investigations by
Federal and State agencies, WAS super
seeded by the presentment of February
Of his year. In connection with this
tho names Of 1875 corporations are set
forth as instruments and the Govern
ment's contention in reference to each
specific case Is to be set forth at the
trial.
The earliest date mentioned in the in
dictment is that on which Mr.. Rookie
Teller became a director. and the theory
by which men like Mr.. Ledyard. who
became "A director with Messrs. Pratt
and McHarg AS late az January |, 1907
arc Joined with the older directors In
tho indictment is that the conspiracy
was continuing.
Dead Men Also Named.
Joined as conspirators with these men.
but not indicted. are nifty other men,
ell directors or officials between the
dates mentioned. some OF them dead
for many years. According to the Gov
ernment's hill of particulars Mr.. Miller.
who Is very old and in feeble health,
became "a director in May, 1892 Mr..
Brooker. September l, 1893 Mr., Robert
son, January /. 1895 Mr.. Robbins. same
date Mr.. Barney, january i, isO- MT
Taft and Mr.. Hemingway. January |.
1904 Mr.. Brewster. July /, 1906. AID
Messrs. Ledyard and McHarg, January
!, 1907.
While il is on the record that Mr..
Lrdyard became a director OF the New
Haven in May or June Of that year and
resigned on June 81, a few weeks later,
he was reelected to the board February
Z, 1908. The indictment, however
charges him with continuous participa-
t!on from 1907 on TO the time set in
the Indictment.
The trial Of the defendants to-day will
take to court "A notable representation
from the senior bar not only OF New
York but Of other cities.
Assistants United States Attorneys
Gen. Frank NJ. wacker and r.. l.. Bats
will conduct the prosecution. assisted
by Assistant United States Attorney r
l.. Stephenson.
The principal witness for the Govern
ment when 1t comes to oral testimony
will he Charles. =. Mellen, once presi.
dent of the New Haven road. Mr.. Mel
lens stay on the stand is expected L
be a long one, and both his direct an6
cross-eNamination are eXepcted TO b'
sensational.