New-York tribune., 1904-10-22
A LETTER FROM SPEER.
HIS TALK WITH HERRICK.
He Says He Has Judges Gard
Which Was attached TO AffdGUit.

Which Vas attached TO AfGdGUt.
Ex-Justco Herrick.s friends continue to make
extraordinary explanations with reference TO his
adventures a political boss in Albany County
While a justice OK the Supreme Court. The latest
Is letter from William McMurtrie Spee-. the
author Of the famous affidavit. which Is doing as
much perhaps to enlShten the voters Of the State
on the Democratic candidates fitness for the Gov
ernOrshp as anything
Mr.. Speer says he has the card that NJ. HerrIck
wrote him requesting him to call on him at night
at his home and talk the question of the con-
troll OF ''The Albany Argus in = mayoraIty cam
paign Mr.. HeErick wrote this note his visiting
card, and later, when counsel for MIR. Speer en-
deavored TO convince Justice Herrick that II was
improper for him TO consider the Argus case. he
handed up to GIr. Herrick this card, along with
Mr.. Speer's affidavit
The Tribune more than week ago told OF the
disappearance of the affidavit and the Herrick note
Mr.. SDeer says he has the note. He does not say
who has the AFFIDAVIT. Both properly are part OF
the court record. and should be on file IN the
county courthouse az Albany. Mr.. Speer IS en-
ployed on The New-York World" and spent the
summer at Esopus. where he reported for his paper
the doings OF ex-Judge Parker. AIR Speer now IS
on cordial terms with Mr.. Herrick but his famous
affidavit, like John Browns soul. goes marching
on" much to the pain and discontinue Of ex-
Justice Herrick.
Mr. Herrick and HIS friends are continually try
ing to confuse tine issue. The damaging thing Sc.
forth by Mr.. Speer In his affidavit was that Mr.
Herrick, while the bench. tried to coerce Mr..
Speer into complying with his wishes. He seemed
TO be determined TO hold to The Argus" case
In the hope that he could prevail upon Mr. Speer
TO conduct The Argus" in a friendly manner
toward the Notwithstanding people in local cleo
tions. This IS made perfectly plain by Mr. speers
affidavit, which in part says:
He IHerrickI said that If Tire Argus was not
another paper told him that I could not help
that, but that I did not want 20 have any trouble
who were the people from whom I sot the money
10 10 S ne IocA M e Iod MN Mn TN mat so % [99 b none %
pie again. told him they were friends Of mine
but declined tell him their names. He asked
me whether they or was the real owner. I told
him that, for all practical purposes. / vas.
asked me several times to pledge The Argus to
support hts local political organization, which
nsS '
those SVVTo Wcrds dau We want Inc N'S 'O"'''"'"'
Mr. speer's letter to The Tribune follows:
9U Your b editorial L and % news g9eHsss to n n4 dnS i
b, NAE PS P me e III H., ne ATS sIIaI "a AZ rselsT l
that Judge Herrick conversed with me q matter
iato9s With Judge eTricE have not been riend
pany, tried to hght tar and am UNIV un~IlIss 20
be held responsible for unfair criticism Of his
B1R o6 9ssaq s & for SfaPs as @s RpEs9qa: T:rfs % T
elected Judge. During that time I had rnany con
Coonei P Lamont. no judge Herrick Colonel Cassidy
and others Interested. The last conversation had
Was T5 on March g 1855 as stated IN my aidayt
At that time believed matters could be amicabIy
ton until some time after March %.
fore and decied by Judge Parker whose decision
was affirmed by the Court Of Appeals Judge Her
rick had nothing whatsoever to do with the hear
ing or the determination Of the case His only
judicial action ton IN the maeT W, MAS ito TO pi E6apf a stay G
peals an order which any other justice OF the
SorS Our opponents wanted an urcoaditional
stay. which would have left them IN possession o.
asked that the stay contain the condition that our
opponents consent 70 pro forni9 alnrmance al
the next term of the Court Of Appeals Judge
MeFF k signed the % odsT e in er e GT 9Esd tF R
speedy dnal determination OF the litigation. which
Your pubncation on this subject might lead the
reader TO two errors one tnat IuoSe HeF5ir6 @ qs rs
had refused to vote to re-eect Mr. Manning presi
not only the matter never before judge Her
ton whatsoever after litigation Segan Further.
the form of stay he gIsd S SS IN our o 12voT and
Doubtless these errors arose In part from your
I9sSr 3i6any T an &eto IN Whch MI Manning was
paintIff and Colonel Cassidy dGfend2nt and the
Ny afiidavit was not IN the action in which NJ.
which 1Ir Manning defendant The card YOUR
article referred to has 9lwa;S been In my POSSES,
rot have disappeared from the t}C- Ny recollection
is also that the affidavit was not filed in che County
Clerks office and necessarily could not have
been distracted from TIE oiiee.
nf any affection for Judge Herrick. bur because
believe In fighting tair. and assume that in tii5
regard your desire is the same As my own
No sooner had William y. Cohen. Of this city.
counsel for Mr.. Spcer hed the Speer affidavit. than
certain interested parties in te proceeding avyoke
to til EMBARRASSING signiticlnc Of The nature ard
presence NJ the Affidavit.
IL the hallway counsel for NJ Speer ne; Hale
Purmeuter Z StedTHan. representing the Cassidy
interests in The Argus company, who had not
tered the courtroom. related them what had oC-
dared TO graCt an unconditional stay of proceed
ines charges of impeachment would be presented
within two1ty-tour hours.
Counsel fov Mr.. Spcer tnercUFon returned 70 New
York arriving a6Cat In Jh" evening. IN less than
hour atterward there was q cali by telephone
from Albany. The person - the other end stated
that he was frieud both e.! Nr. Speer and his
counsel. and Of Justice Herr.ck, that he had heard
the argument in the Argus case in the morning.
and that he though; thaJ il the papers led should
be withdrawn a decision would be rendere, in nc
Cordance with the suggestion OF Mr.. Speers couT-
SCI The request 70 Withdraw the papers rer-
emptorIy refused
With!n Gey two Justice Herrlok handed
down decision granting the stay on the conditions
suggested by Mr.. Speers counsel The case went TO
the Court of Appeals ard Chief Justice Andrews
decided In favor OF the Speer directors
\ Tribune reporter saw eS-Justice Cohen on Fri
day night ~ last week and asked him;
DO you know who II was that called YOU the
telephone after your arrival in New-Yo~k aud
stated that II the Speer affidavit Withdrawn
eordance with the wishes of Mr. Speer"
Il do not" said MIR. Cohen. Il asked who il
who was speaking the telephone and the
at the other end replied that he was a friend
OF Judge Herrick and OF mine. and that he had
~