New Britain herald., 1916-02-15
MELLEN HAS NO FACTS TO PROVE BRANDEIS HELPED
 WRECK NEW HAVEN ROAT
Former President of Railroad Notifies Senat Committee He is Unable to Substantiate X
 Charge of C. w. Barron of Boston
QUESTION LEFT OPEN AS TO WHETHER
 EX-RAILWAY PEER WILL BE SUPOENAE

Bailey Scores Supreme Court NofA
 inee's Connection With the S#
 Called Warren Will Case-WinsIdH
 Charges Wilson's Choice Was GuiHM
 of Improper Conduct Toward Unl@
 ed Shoe Machinery Company.
 Washington, Feb. 15.-Charles Mellen, former president of the NeN Haven railroad today notified the sea ate committee Investigating the noTH ination of Louis D. Brandeis of Bos ton, for the supreme court benz that he had no facts to substantiaa the charge by c. W. Barron of BoI ton, that MT Brandeis had helpi wreck the New Haven road.
 When the hearing on the nominI ton was resumed today, Senaq Walsh read this telegram from NI Mellen:
 "I have no information of al character that would be of any val to the subcommittee on the BraI deis nominotion. I have no papd that have any bearing on the cad Under these circumstances may M be excused from attending?"
 Wired Mir. MeIIen.
 Senator Walsh said that in the aI sence of Chairman Chiffon he wir} MT Mellen:
 MT. Barron, testifying before iI dietary committee Thursday, asse, ed you could testify to facts estal fishing the charge that Brandeis VA employed to wreck the New HavI road. Having in mind your teIegral of today, please wire whther you csI give committee any information t11 will shed light on truth or falsity the charge
 To that Senator Walsh receipA another message from MT. Mellen iH iterating that he had no informatif whatever on the subject.
 Question Left Open.
 After some discussion today "A committee decided to leave open question of whether Mr. Mellen shou8 be subpoenaed.
 Senator Clark said he had supposM MT. Brandeis was quite familiH with affairs of the New Haven roaM and also that he had read statemerS from MT. Mellen, "assailing MT. Bra8 deis in most violent terms, so viole that I did not see how they could true"
 WinsIow Yields to Bailey.
 
 S. w. Winslow, president of 8 United Shoe Machinery Co, VI called as the first witness, but yield E. to Hollis R. Bailey, Boston attornd who gave testimony relative to M Brandeis' connection with the sM called Warren will case.
 MT. Bailey first made a genera statement that he had been oppos.& to MT. Brandeis in several law case but considered their relations frien k ly. MT. Brandeis assisted his partn eH Samuel D. Warren, in framing a pla which Bailey said placed his partn in a position individually antagonist to Warren's position as trustee.
 Breach of Trust.
 '"This,' said Bailey, "as I shall cd attention to later, resulted in breas of trust. MT. Brandeis and his fir # acted for fifteen or twenty years counsel for MT. Warren and associat as trustees under an annual retain H of $2,000 and for Mr. Warren ai other individuals as lessers of pro erty under a retainer These intere were antagonistic in some importa particulars and the result was tn the beneffciaries, one of whom " my client, suffered financial damage the sum of some hundreds of thou ands of dollars" M Bailey explained that s. D. Warre IT,, and MT. Brandeis were in colles together and later formed a law par # nership. Warren was the son of San Iel D. Warren, a paper manufacturs who left an estate of $21 ,000, O00 his widow and five children, one whom, Edward Warren, Bailey ,Iient, never was connected with fl M paper business. A financial arranr nent was made for carrying on tlM business. W
 Trustees in Charge. M First" said MT. Bailey, the wido @ md all the children conveyed their il M .ereSts in the property through N Brandeis, as a third party, to thr trustees, s. D. Warren Jr., and M Mason, who had been associated in small way with the paper busines and Mrs. Warren, the widow. TlM rustees operated the paper mills, tl # Iced of trust directing that they We % O carry on the business for the bel N fit of all the heirs.
 What was done was that tbe hree lesses by authority given in u Iced, made a lease of the property ,Ir. Brandeis, and through him to ). Warren, Fiske Warren, anoth
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