New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-12-08
MAY STRIKE OUT
N. H. EVIDENCE
Trial Judge, the Defence
Believes, Will Exclude
Much Testimony.
CLAIM BASED ON
RULING YESTERDAY
Mellen, on Stand 80 Days, De-
MES Road Drove New England
Line Into Financial Straits.

Belief that much OF tn. evidence
which Judge Hunt in The Federal
Court has permitted the government
20 introduce at the trial of the eleven
former New Haven directors will be
stricken from the records was preva-
lent in the court room last night.
Late in the afternoon Judge Hunt, in
overruling an objection Of the proseeu-
ton, declared that all the collateral
evidence produced while Charles S.
Mellen, the governments chief witness,
has been on the stand was 10 show the
circumstances surrounding the pee
Torrance of certain acts. The evidence,
however, was not, in the courts opin-
ion, all strictly collateral. Several
times departures were mada from the
naked outline of the history Of the
roads development, and although
the objections Of the defence were
overruled, great latitude had been al
lowed the prosecution.
Judge Hunt referred TO the reports
OF the State Railroad Commission,
which, according to the New Haven d.
many Of their activities.
I'VE have railroad commission
charged with an immense responsibility
in railroad affairs" he said. at delves
into its subject and issues its authority
after it has analysed, and in the issu-
ance OF its authority it writes down
certain things. Those things are ac-
cepted as a guide by those who have
70 do with the concerns affected by
them, and subsequently the good faith
of the transaction is brought into ques-
ton. In this instance the actors (the
New Haven road went ahead in good
faith. advised by the authoritative
body Of this state, clothed with power
to look into thes- things and TO act.
They sought their authority and they
gave il in a manner that justified them
in proceeding as they did. That IS the
way the principle strikes me"
Counsel for the defence charged by
the government with intent TO mono
police New England traffic interpreted
Judge Hunts statement 70 mean that
great part Of the governments evil
dence was 20 be stricken out.
During the morning session Mr.. Mel
len told the court that the Shore line Of
the New Haven was such an advantage
Gus route that were 1t 20 be operated
at cost il would drive competing lines
into bankruptcy. Although there were
seven drawbridges between New York
and Boston, he said, the railroad had
the right of way and the absence Of
heavy grades made the hauling easy
and cheap.
The contention Of the government
that the New Haven drove the New
England line irto financial straits was
refuted by Mr.. Mellen, who has been
on the stand thirty days.
They actually tried to take away
the New Ravens business" he d.
clared. "by bringing passengers and
freight to Wilson's Point, Conn, then
ferrying them across the broad sec
tion OF the Sound 20 Oyster Bay, and
then over the Long Island Railroad into
Flatbush Avenue, Brooklyn. IL never
paid. The road lost more than s340,-
900 besides the public's patronage and
popularity"
Mr. Mellen added that he was gen
eral manager Of the New England line
at that time and urged the road 20
abandon the Long Island business.