New Britain herald., 1916-01-07
NEW HAVEN CASE ..--.-
 GIVEN ID JURY THIS AFTERNOON
Continued From First Page

that one witness, Charles $. Mellen, former president of the New Haven, was on the stand for thirty-five court days and that each side virtually Built up its case on his testim ony. Four days were spent in selecting the jury, two by the government in out lining their testimony: five days in arguing motions to dismiss the indict- ment and four days in summing up. Frank M. Swacker, of St. Louis, one sof Federal counsel who has been credited by the defense with knowing more about New Haven affairs than any one else, spent two years in ln- vestigating and preparing the case
 Rockefeller Not In Court.
 William Rockefeller was the only defendant not in court when Judge Hunt began his remarks The charge against the defendants being 3 misdemeanor, his presence was not legally required Charles s. Mel len was in court sitting in the specta tors box.
 The court after describing the in- dfctment, first instructed the jury that the case should be considered with out regard to any testimony that
  fluence legislation by bribery or cor rupt means" The indictment con- tained no such charge, he said.
 Discussing the Sherman act, he said that it did not prescribe limit to ac- quisitions and that large enterprises may in a certain sense be permitted to monopolize commerce. Magnitude of business was not in itself viola tion of a law.
 The criminal act.'' he said, lis in conspiring to restrain freedom of ac- tfon and unduly restricting or SUD- pressing competition.''
 First Question to Decide.
 The first question for the jury to decide, he said, was whether 'back in 1890 or therea bouts there existed 1 a conspiracy to monopo1ize commerce. l If the government does not satisfy l You that a conspiracy existed at that 1 time, then the whole case of the gov l ernment fails
 Judge Hunt explained that the a1- l legged conspiracy must have been a l continuous one from 1890 into the l three year period covered by the 1 statute of limitations.
 Intent Psychological. : The court held that the charge also could not be sustained unless the jury was satisfied that the defendants ] or any of them intended to enter an illegal ombination.' Intent, he said, was psychological and not to be ascertained by fixed rule of law" The jury would have to determine it by facts and circumstances.
 Judge Hunt instructed the jury that the so-called tripartite agreement be- tween the New York Central, the New Haven and the New York and Harlem in the early nineties was not a violation of the Sherman act. He held that a common carrier had a right, as provided by the agreement to exclude another common carrier from the use of it's track. The agree ment was relevant as bearing upon the question whether There existed a conspiracy to restrict the free move ment of interstate commerce"
 Sound Line Deal Obnoxious. |
 The Sound lines agreement of 1886, the court characterized as obnoxious to the sherman law and said that it was for the jury to consider whether it was kept in force after 1890 in furtI1erance of the conspiracy.
 Discussing the testimon of MT. Nellen, Judge Hunt said he had 1 Thought there would be no serious challenge as to accuracy of his state ments- and that the only dispute 1 among counsel would arise from the l inference to be drawn from them"
 Government counsel. he said, had, 1 however, not accepted them as such ]