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Show LITTLE FATHER AGAIN FIGURES II TESTIMONY Charles S. Mellen Swears Roosevelt, When President, Presi-dent, Advised Buying Boston & Maine. MORE LETTERB ARE READ INTO RECORD Government Meets a Setback Set-back When Attempt Is Made to Show Bribery of Legislators. NKW YUUK, Nov. 22. Theodore Hooevolt, as president of the United States, again appeared a adviser of Charles S. Mellen, in New Haven affairs the acquisition of the Boston k Maine railroad in testimony adduced today at the trial of the eleven former directors of the Now Haven road, under the Sherman anti-trust law. Mellen represented the former president presi-dent as having, in 10U7, advised the purchase of the Boston k Maine, with the reservation, however, that "if you do wrong you need not come back to me. " The advice was given after Mellen Mel-len had had an interview, at Roosevelt's suggestion, with Franklin K. Lane, chairman of the interstate commerce commission, and explained to him that there was danger of the Boston & Maine "falling into tho hands of aliens" if the Now Haven did not take it. By 'aliens" the witness said he meant the Canadian Pacific, or the Grand Trunk railroad of Canada, and that Chairman Lane agreed with him that such an eventuality was dangerous from a military mili-tary point of view. Whitney's Opinion. The testimony was brought out after R. L. Batts, attorney for the government, govern-ment, had read into the record an exchange ex-change of correspondence, subsequent to tie interview, between Mellen and H. M. Whitney of Boston. "I have always thought it possible that the 'Little Father at Washington' might want to get his finger in the pie," wrote Whitney, in reference to the Boston Bos-ton & Maino deal. "In which case, if it should happen before the public had become reconciled to tile change, it might result in infinite harm to all your interests. ' ' "Tho Washington situation," Mellon wrote in reply, "I have I think completely com-pletely cared lor. One never knows lor certain about those matters, but the ground has beon carefully ploughed and every chance of trouble considered, and 1 think eliminated." AirWl hv T.prrislatiirp- From this poiut the government today went further into the more or less familiar history of the New Haven's troubles in getting permanent control of the Boston & Maine, which culminated, culmi-nated, in 1909, in the passage by the Massachusetts legislature of a law enabling en-abling the New Haven legally to control the 109,000, shares of Boston & Maine stock it had acquired. The government met a set-back, how-over, how-over, w'hen the court ruled that no evidence evi-dence as to possible corruption of the legislature was admissible. Judge Hunt held that no such means were alleged in the indictment as having been used by the New Haven to gain its alleged monopoly mo-nopoly of New England's transportation traffic. The set-back came . when Attorney Batts inquired of Mr. Mellen who the New Haven's legislative agent was in 19U8. This was at the time when the New Haven had been restrained by an act of the Massachusetts legislature, called the Cole bill, from exercising any control over its Boston & Maine holdings. hold-ings. Purpose of Question. The government wanted to show that at this time the New Haven, through legislative activity, was preparing the way for the enabling bill passed tho fol- (Continued on Page Seven.) DECLARES ROOSEVELT ADVISED PURCHASE (Continued from Page One.) lowing vear. Mr. Mellon was allowed to state that the Sow Haven employed legislative agents and counsel, and that Timothy K. Byrnes made reports to them on legislative matters. No action affecting affect-ing tne New flaveu was, however, taken in liMiS, said Mr. MeJlen. although "every statesman in Massachusetts UiijI some "logifdation lie wanted passed to regulate railroads. " The famous Billard deal, whereby it is alleged the New Haven fictitiously I transferred its Boston & Maine holdings-to holdings-to Joh n L. Billard of Meriden, Conn., latter the Cole legislative act expired, also watt the Fubjeet of testimony, bat the occasion, too, of long argument by counsel, which was un fin r shed when court adjourned for the day. The defense de-fense objected to the ad mis-ion of the testimony on the ground that Billard and his concern, the Billard company, were merely the vehicles iu a transao- tion that had absolutely nothing to do with interstate commerce, and that the -hares of Boston & Maine that came into his possession "through his investment" invest-ment" were legitimately sold by him to the Boston railroad holding company, the concern through which the legislature legisla-ture permitted the New Haven to own the Boston &' Maine. |