Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-02-15
Wire to Mr.. Mellen.

Senator Walsh said that in the alb
sence of Chairman Chiffon he wired
Mr.. Mellen:
Mr. Barron. testifying before ju-
dietary committee Thursday. asserted
you could testify to racis establishing
the charge that Brandeis was en-
ployed to wreck the New Haven road.
Having in mind your telegram of to-
day, please wire whether you can give
committee any information that viii
shed light on truth or falsity of the
charge"
To that Senator Walsh received an
other message from Mr.. Mellen reiter-
ating that he had no information what
ever on the subject.
After some discussion today the COM
mittee decided to leave open the ques-
ton of whether Mr. Mellen should be
subpenaed.
Senator Clark said he had supposed
Mr.. Brandeis was quite familiar with
affairs of the New Haven road and also
that he had read statements from Mr..
Mellen, "assailing Mr.. Brandeis in most
violent terms. so violent that l did not
see how they could be true
Tells of Warren Will Case. lt
S: w. Winslow. president of the
United Shoe Machinery Company, was
called as the first witness, but yielded
to Hollis r. Bailey. Boston attorney.
who gave testimony relative to Mr..
Brandeis' connection with the so-called
Warren will case.
Mr.. Bailey first made a general state
ment that he had been opposed to Mr..
Brandeis in several law cases. but con-
sidered their relations friendly. Mr..
Brandeis assisted his partner. Samuel
D. Warren. in framing a plan, which.
Bailey said, placed his partner in
position individually antagonistic to
Warren's position as trustee.
This said Bailey. "as ! shall call
attention to later. resulted in a breach
of trust. Mr.. Brandeis and his firm
acted for fifteen or twenty years as
counsel for MIR. Warren and associates
as trustees under an annual retainer
of $4,000. and for Mr.. Warren and other
individuals as lessons of property under
a retainer. These interests were an
tagonistic in some important particu-
lars, and the result was that the bene-
ficiaries, one of whom was my client,
suffered financial damage in the sum
of some hundreds of thousands Of dol
lars
Formed a Partnership.
Bailey explained that s. D. Warren,
jr.. and Mr.. Brandeis were in college
together anu later formed law part
nership. Warren was the son of Sam
uel d. Warren. sr., paper manufac-
turer. who left an estate of $21,OOO.OOO
to his widow and five children. one of
whom. Edward Warren. Bailey's client,
never was connected with the paper
business. A financial arrangement was
made for carrying on the business.
First" said Mr.. Bailey. "the widow
and all the children conveyed their in
terests in the property through Mr.
Brandeis. as a third party. to three
trustees-S. D. Warren. jr.; Mr.. Ma
son, who had been associated in a small
way with the paper business, and Mrs
Warren, the widow. These trustees
operated the paper mills. the deed of
trust directing that they were to carry
on the business for the benefit of all
the heirs.
Lease Through Brandeis.
What was done was that these three
lesses. by authority given in the deed,
made a lease of the property to MIR.
Brandeis, and through him to s. D.
Warren, Fiske Warren, another son.
and Mason. who proceeded to operate
the mill. The rental terms were s per
cent interest on the property and half
the net profits. That arrangement re-
suited in 8. D.. Warren receiving com
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