Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-01-07
BATS MAKES
final APPEAL
FOR CONVICTION
OF DIRECTORS
Case Goes to Jury Today Follow
ing Charge of Judge Hunt
Speculation in Regard to Yer
dict and Some of the Possible
OutcOmes

| New York, Jan. 6.-R. L. Bats.
chief prosecutor for the government
at the trial of William Rockefeller
and 10 other former directors of the
New York. New Haven & Hartford
| Ral.rOa d under the criminal clause of
the Sherman antitrust law. made his
last appeal to the jury today for the
conviction of the defendants. Tomor
row, after Judge Hunt has delivered
his charge the case will go to the jury
for a verdict.
Possible verdicts
/ Counsel. in specuiating tonight at
what the verdict might be suggested
a number of possibilities-th acquit
tai, conviction of, or d disagreement
on all the defendants. the conviction
of some and the acquittal of others,
or the Conviction of some and a dis
agreement on the others. Those whose
fate will be determined in addition to
Mr.. Rockefeller are Lewis Cass Led
yard, Edward ID. Robbins. Charles F.
BROKER, u. Newton Barney, Robert
w. Taft. James S. Hemingway
Charles NJ. Pratt, A. Heaton Robert
son, Frederick +. Brewster and Hen
ry *. McHarg.
They were collectively scored by
Mr. Bates in his final summing up
today for having attempted TO shift
the responsibility for their acts to
Charles s Mellen, former president
of the road.
when trouble came" he said. they
made Mr. Mellen the goat, if may use
the graphic term | have learned in
this part of the country, and it is not
unnatural that during this trial he
should continue TO act in that ca
pacity."
MeiIen's Oath
Mellen. he declared, had sought TO
protect them by his testimony and
while he may have told the literal
truth, he did not seem Ito appreciate
the significance Of the oath he took
here to tell the truth and the Whole
truth
The federal prosecutor scathingly
denounced the former New haven
president for having disregarded the
laws himself
II have a great admiration Tor MT.
Mellen." he said but it is the same
admiration that had as boy for
the fine old buccaneers and pirates
who operated on the Spanish Main
While he was handling these yellow
dog funds, he showed rs complete a
disregard for the laws of his country
as any man could and keep out OF the
penitentiary.
Not a CRATER
Put I will say that he cannot be
classed with that band whom we call
grafters."
Mr.. Melen had derived from the New
Haven no personal profit. the attorney
explained out of what the sx-presldent
himself had termed on the witness
stand his private fliers' in the pur'
chase of certain stocks. The purchases
we're made, Mr. Bats asserted, for the
benefit of the New Haven. but Mellen
in characterizing them as his own
had sought to protect his associates.
Mr.. MalIen said one day that he tolo
the literal truth" continued the prose
cutor Il believe he has been IN the
habit Of telling the literal truth-the
letter Of the truth. But he acknoWledg-
ed that he told what was untrue IN be-
half of ]. p Morgan. l think it can be
said of him that he will always tel
the truth except when it would no
be helpful to his friends
. Mr.. Bats also denounced the de
PENDANTS for attempting to shift re-
sponsibility to Edward d. Robbins
former general counsel of the road ant
, other lawyers who had given them ad
, vice He called attention to the fac
that Robbins had sought to shift thu
responsibility to the directors and de
| clared the law would be nullified i
all their excuses were accepted. Eacl
| man was responsible. he said. in so IA
: as he had participated in illegal act
and the people of the United States
would not stand for the proposition
r because he had failed to familiariz'
: himself with what was going on.
Would Be Warning
Nor merely because the defendant
were 'absurdly rich" and Influential
men in their communities could the!
escape the penalty of violating the law
he said. No one but men in their pc
siton as directors Of a corporation
could violate the Sherman law, he ar
gueG, and asked for their punishment
, as a warning to trust magnates o
the future
Mr.. Bats dwelt on the contention o
the defense that all the New Haven
acquisitions had legal sanction from
state authorities or were approved b.
the federal authorities at Washington
The testimony showed. he said. tina
the legal sanction was obtained no
before but after the acquisitions, whicl
. forced the authorities to consider, il
view of the illegal acts of the New
Haven how best the situation could b.
least harmfuliy met
The attorney laid stress on the politica
influence which he said was exercises
by the New Haven on legislative bodies
citing the legislation in Massachusetts
which authorized the acquisition of tn
Boston & Maine. For this end, he charg
ed. there had been a political allianc
between the New Haven and the bankin
firm of Kidder, Peabody & Co. of Boston
represented by Robert Winsor.
, Referring to the trips made by Nellie
and Ledyard to Washington, he asked