New-York tribune., 1904-10-10
THREAT OF IMPEACHM ENT
HERRICK CHANGED MIND.
Ne5o Disclosure as to Fight for Con-
troll of "I'he albany Argus"


a justice of the Supreme Court to secure ad-
vantages in politics is to be thoroughly exposed
in the next four weeks.
The fact that Justice HerIiek was an Albany
political boss during the incumbency of his Office
is generally known to the voters Of the State.
That he was threatened with impeachment pro-
ceedings By counsel for htigent in his court is
not so generally known.
Justice Herrick. before leaving town on Fri
day. told State Chairman Cord Never and Will
lam s. Rode. chairman Of the bureau of organ
izstion connected with the Democratic State
Committee, that greaS care should be exercised
by the more prominent campaign speakers in
making sensational statements as a quick
refutation by their opponents would hurt the
national and State tickets He advised that no
attacks bo made either on Governor Odell or
Lieutenant Governor Higgins Justice Herrick
afraid that his record on the bench in the cele-
brated Albany Argus" case is going to be used
against him in every township in the State.
The sworn statement that Justice Herriclz
.2ied 10 coerce William Mem. Speer. publisher
of The Albany Argus 70 support the Herrick
faction in politics is we'll known by reason Of the
recent publication in The Tribune OF Mr.. Speer's
affidavit. 1t will be remembered that Mr. Speer
swore that Justice Herrick had him come to his
(HerricIs) house at night, and that Justice Her
threats to for-e Speer to promise that The
Argus" under speer's control would support
the Notwithstanding faction in Albany politics.
Justice Herrick has tried to make light Of this
hy saying that his action in The Argus case
was merely formal and usual and that Judge
Alton B. Parker finally decided the main issue
That Justice Herrick vas brought face TO face
with impeachment proceedings before he secured
10 the Speer interests rights accorded them by
referee and confirmed by Judge Parker. is
fact that had not publicly appeared at the time
OF Justice Herrick's nomination for Governor on
the Democratic ticket.
In the fight for control of The Argus" ths
Manning interests were represented by Judge
Countryman. the Cassidy interests by Messrs-
Hale. Parmenter and Stedman and the Speer
interests by William N. Cohen. A referee de-
cided in favor of Speer. and Judge Parker con-
firmed the referees report. This was about
April 2s. 1898 Within few days thereafter
Justice Herrick granted stay of all proceedings
under Judge Parker's order. until the appeal
therefrom should be determined As Judge Her
rick himself was personally interested in pre-
venting Speer from getting control, his action
in granting a stay. practically in his own inter
est. scandalized Albany. On the return of this
order Mr.. Cohen appeared before Justice Her
rick Every one by that time knew OF Justice
Herricks personal interest in the disposition Of
The Argus case. Mr. Cohen pointed out TO
him his peculiar attitude Before the argument
five distinct propositions were suggested to Jus
tice Herrick. in order that an impartial judge
Nigh. he secured to determine the question
They were intended to make II perfectly clear
10 Justice. Herrick that he was handling edged
tools" and that the Speer interests would go to
the limit in demanding their rights under the
referees report The propositions and the jus
tees replies were as follows:
First-It was suggested that Judge Parker
happened to be sitting in the Albany courthouse
across the hall from where Justice Herrick was
been all through the testimony and familiar
with the entire litigation. the question OF the
stay might save labor 70 Justice Herrick II IL
were referred to Judge Parker
Justice HerrtCk stated that he was the Spe-
e!al Term Judge apd the matter was properly
duty and place II upon other shoulders.
Second-The suggestion was then made TO
Justice Herrick that The Argus newspaper.
being wi1ely read, the question involved had
created considerable local feeling. and that in
of justice IL the motion was sent TO some other
judge in another county
To this Justice Herrick replied that the local
feeling WIS exaggerated. and an entirely fair
hearing could be given in Albany County
Third-It was then most politely and defereu-
TALLY suggested that since Justice Herrtck had.
the Mannings. and that even after his accession
TO the bench. though with all propriety, he had
been the adviser Of the estate, il might relieve
him of embarrassment IL the matter were sent
10 another Judge.
To this suggestion Justice Herrick replied that
IL he failed to act IN cases in which he had been
counsel for one side or the other in the past. he
would be practically functus Of1Cto
Fourth-Counsel for Mr.. Speer stated that the
real contest about the control of The Ar
gus newspaper for the ensuing autumn cleo
nd IN might de-
termined before that time. IL the Manning fac
tiOn would consent to a formal affirmanCe or re-
Versal of Judge Parkers order at the General
Term that met in the month OF May in Albany
County. and would agree 70 argue the appeal in
the Court of Appeals at the June term. so that
the matter might be determined before the sum-
mer vacation. the proposed stay OF proceedings
would be consented to-
Justice HeTrick turned upon Mr. Countryrnan
and asked him II he would consent. to which
Mr.. CountTyman replied No: whereupon. the
presiding judge stated that of course he was
counsel for Mr.. Speer responded that that was
quite true. but il the Judge intimatcd that the
stay would not otherwise be granted. the
sent would be forthcoming
Fifth-Counsel for Mr.. Speer then stated that
he compelled TO take the most painful posi-
tion he had ever been called upOn in his pro
fessional career to assume. II painful
that he would not give expression TO II by word
of mouth. but would submit afiidavits for the
private perusal OF the judge, and then ask him
to determine whether the cause could properly
be heard by him.
Thereupon the afldavits OF Mr. Speer and 9TH
eFs were handed up TO the court. who read them
from end to end. and then. without the slightest
change of expression. announced that he saw
nothing In the papers which rendered IL i'm
proper for him TO sit in the case. Thereupon
counsel for Mr.. Speer requested that the afEida-
Wits be fled bundled up his papers and left the
courtroom.
In the hallway counsel for Mr.. Speer met
Hale, Parmenter and Stedman who had not en-
tered the courtroom. related 60 them what had
occurred. and further stated that IL Justice Her
rick dared 70 grant unconditional stay of
nrocaedinas. eharoes OF innneachr,ant ,.c,.Ld D..