Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1916-01-10

/ ilTtS 10 COEleT anu IL tIey cOuIO Hoe
agree upon all, TO try to reach de-
c:sion on some. The vote on the
question of all at that time also stood
eight to four for acquittal, it was
IL armed.
On returning to the jury room the
jurors renewed their discussion with
! the courts instructions in mind and
unanimously eliminated the six de-
PENDANTS acquitted. Two of the four
jurors who had voted against the de-
PENDANTS originally, stood firm, how
ever. against Messrs. Rockefeller.
I.edyard, Brooker, Pratt and Robbins.
Then the other two switched to their
original position, leaving eight to four
as the final verdict
| Standing of Ballots
From the case which was submitted
to them Friday afternoon the jurors
took in all IS ballots. The first stood
six for acquitta1. four for conviction
end two blank. 1t was not until Sat
urday that they reached the eight 10
four alignments.
| William Rockefeller who is Ill, ana
Henry X McHarg. we're not present
when the jurors, haggard and untldy'
! filed into the courtroom to render
their verdict The nine other defend
ants were in their usual seats. Some
of them during the long hours OF walt
ing had laughed and joked with coun-
sci and newspaper men. Otners us
played much nervousness. particularly
after Judge Hunts instructions To-Day
urging the jury to bring in verdict as
to some individually. With the en-
trance of the jurymen with their hats
and coats in hand presaging verdict
the mental state of the defendants was
obviously one of tense strain.
Scene of coneratuIation
After the usual questions by the court
az 10 whether they had agreed upon
verdict. the foreman of the jury read OH
the names of those acquitted, then those
of the defendants upon whom they had
failed to agree The court thanked the
iurv. but hardly had he concluded his re-
marks when defendants attorneys ana
Others in the courtroom were on their
feet and there was a general handshak-
inc Without regard to their status un-
der the verdict, the defendants shook
W. 'N'''
ment counsel.
MeiIen Not Present
Charles $ Mellen, former president OF
the New Haven and the chief witness III
the case, was not in court.
While they had discussed all the Drln-
cipal phases of the cage. the jurors SAID,
thev chief issues of debate were the
matter of the alleged suppression by the
New Haven of the competition OF the
Joy Steamship Line and the acquisition
of the Boston &; Maine iiailroad by
which tho government charged the New
Haven completed its monopoly of the
TRANSPORTATION traffic of NeW England.
The ec-called Billiard transactions were
virtually ignored. the jurors said, hav-
ing in the opinion of most of them been
. ruled out by the charge of Judge Hunt
! There was also comparatively little dis
c,.ssion in the Metropolitan Steamship
deal, the question being whether it was a
private transa ction of Robbins or a joint
transaction Of all the New Haven direc-
tors.
Grand Trunk Not Issue
The Grand Trunk was also not per-
tinent issue. it was said. The jurors eX-
plained that they had sought to follow
! the instructions of the court in his
/ charge that they should decide first
whether the alleged conspiracy of which
the defendants were accused was in ex-
istence in 1879 when the government
charged il began. and was continuous
down 10 the date of the indictment. They
reached TO agreement on this question,
they said.
( -l1- fny NO O.
bate. the Jurors assumed that such
! conspiracy existed and then took up the
different phases. The participation of
/ one Of the defendants in the New Hav-
! ems effort to prevent the sale Of tw',
| steamboats, to the JOY Line was a sub
iect. it was said Of sharp debate. OF
| the five defendants whose guilt or m
| nocence was not decided. William
| Rockefeller was the only ono whose
! term Of service as q New Haven direc-
| tor continued throughout the entire
time of the alleged conspiracy. He az
todated Charles +. BROKER by three
years Messrs, Ledyard and Pratt took
! mart in the transactions which led 20
the ACQUISITION of the stock cf the Bos-
ton and Maine in 1907, and as direc-
! tors Of the latter road. became direct
! of the New l!dtF! WHICH tHt INtStbH S
| Maine was taken over. Edward D.
| Robbins. was general counsel of the
road and figured in the Metropolitan
! steamship transactions which accom-
| ranied by formation Of a number #
! alleged dummy corporations. resulted III
the transfer of the steamships Har
ward and Yale to the Pacific coast.
| The other directors were seldom men.
| toned in the evidence, and their chief
defense was that they depended upon
| the advice of Charles S. Mellen or Rob
! bins IN the acts charged against them,
| which virtually consisted of castins
! their votes in favor of propositions
| which came before the board Of direc-
tors for approval.
The jurors We're unkempt and weary
when they arrived at the Federal build
| ing this morning from the uptown no.
| tel where they had been quartered.
| None of them had for two days been
! given an opportunity to shave or to
| obtain clean linen.
| They had been celebrating two hours
| before they sent a communication to
| Judge Hunt announcing that they had
been unable to agree. They were soon
after summoned to court where Judge