Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-10-27
AGED sPECTER ARISES
TO PLAGUE THEIR Minds
Jurors Are Puzzling Over Application
OF Decision in Missouri Case to
Now Haven Trial.
QUERY OF GUILTY KNOWLEDGE
Were Directors Absolvcd From
knowing Their Acts We're Illegal,
or Knowing 1t, Did They Delibcr-
ately Continue Illegal Conspiracy?


NEW YORK. October 26.-The spec
ter of the oft-quotcd Missouri freight
ratio decision. by which the United
states Supreme Court In 1897 first APP
piled the Sherman antitrust law to
railroads. arose In the trial OF the
eleven New York. New Haven and
Hartford Railroad directors to-day, to
plague the minds of the jurors.
The question put before them to de-
c!dc was whether the decision absolved
the New Haven directors from know
ing that they were committing illegal
acts prior to that date and therefore
could not have intended the conspiracy
with which they are charged. that of
monopolizing the traffic of New Eng
land; or whether. knowing they had
been committing illegal acts. they con-
tinued TO commit them in spite of the
decision.
OBJECTION Is MADE TO
INTRODuCING MINUTES
The question came up when the
government proposed to Introduce min
utes of the New Haven board dated
May /. 1897. in which il was stated
that the directors had been called to-
gether to consider what policy should
be pursued By this company. and what
advice should be given the New York
and New England Railroad Compan, in
regard TO freight matters in view OF
the recent decision Of the Supreme
Court Of the United states in the
trans-Missouri freight case.
Control OF the New England road
It's chief competitor. had just been ac-
CURED by the New Haven previous TO
this, II had been shown. ana T. V.
Lindabury. of counsel for the defense.
inquired upon what theory tho minutes
were introduced. Government, Attorney
Swackcr explained that IT was To show
that the New Haven directors knew Of
the existence Of this decision. but
nevertheless disregardcd it. TO this
end defendants attorney replied that
up TO that time the law had never
been applied TO railroads: that the Mis-
souri, rate decision was the reversal! OF
decisions Of two lower courts absoly-
ing II from application TO the railroads
and that therefore the directors of the
New Haven could not know they We're
cum-i!tting illegal acts
Thomas Thachcr. also Of counsel for
the defense, followed with "a similar
argument. and il vas apparent that
on" II the important points for the
defense was being pressed
No action was taken by the directors
IN regard To the question. the minutes
stated. and after they were in the
record. Attorney Swackcr began the
show that no action having been taken
the alleged conspiracy further TO
ifonopoiizc the transportation traffic Of
New England Was continued
TESTIMONY COMPLETED
Up no TIF: YEAR 1907
Prior testimony to-day completed the
testimony OF the government up TO the
year 1897. The New Haven at tina;
time had virtually acquired all the
railroads south OF the Boston and AL
bany. and had fought that road 10 :.
standsti!l
TIE mastcrful power OF the late J.
T. Morgan WAS emphasized by Mr.
lcilcn as harn!ouiziug factor in :hc
h.story of the trouble between the
t"o roads AS presented by the gov
ernments testimony. Mr.. Morgan was
then director OF both the New Haven
and the New York Central. which con
troilcd the Boston and Albany, and at
meeting on Morgan's yacht the Cor
sair. Mr. Mcllcn testified tho traffic
arrangement between III. New Haven
ana the Boston and Albany was entered
into.
The mass Of technical detail col
lected in the many letters put into the
record caused Judge Hun; :" sugg.s.
that Only their salient points lie read
10 the jury.
1T has taken US ten days ALREADY
to reach the 1895 lines" he remarked
Counsel FOR the defense insisted how
ever mat their full text be read AL
though X. Y. Linda bury. in protest.
Ing against the reading OF one letter
predicted that ii the government did
not cease to cumbcr the record with
irrelevant material. We cannot hope TO
conclude this case before July I had
hoped that We could finish by Christ
mas"