Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1912-03-07
MINORITY STANDS
BY mF|TZHERBERT
IN SENATE VOTE
tcoDtiuued from First Page,

IN -
guilt. The motion was carried by u
in the affirmative. two in the negative.
Gebhardt voted with the Republicans.
The two votes in the negative were
given by Senators Low n johnson.
The debate followed this adoption of
the motion. Senator Fielder opened it.
He said the occasion was both solemn,
as well as important, affecting every
member of the Senate. as well as the
senator from Morris. He said in part
Fielder for L%enIency.
..The trial on this subject was fair,
1 All the evidence at hand for and
I against has been presented. We must
determine this case on the evidence
before US. l am, perhaps. with the
other members of the judiciary com
mittee. in a different position from the
other members of the body, for with
them heard all the accusations made.
I believe the senator from Morris Is a
victim of a set of circumstances which
through his lack of conception brings
him before US in this light, and TINS
should be considered"
Mr.. Fielder said that hitherto Fftz-
aherbert's character had been above
reproach. and when he came here he
was unfamiliar with legislative mat
ter and did not readily grasp the duties
of his office.
II think everybody will agree with
me that there was no intention on
the part of the senator to be pecunla-
.rfly benefited by the withdrawal OF the
bills, but rather he acted as IN good
faith for others.
THAT is the proposition before this
body. and on that must he be FOUND
guilty or innoeent."
Senator Fielder attacked the evidence
sof Ostby and the conversation alleged
to have taken place between Rtdner
and Ostby.
Speaking of the conversation, taken
down by a stenographer. he wished to
know why all of Ridner's talk was not
taken down, while Ostby's was. OF
Wisehart, he said:
This mans testimony is colored by
his interest in this matter as q re-
porter. He has not recorded the true
facts of his conversation with FitZher-
bert.
LET me ask you whether Wisehart's
testimony may or may not be colored?
Fielder Their read from last nights
Evening Sun and pointed out several
portions of it which he said were not
correct.
Mr. Fielder inferred that Wisehart's
testimony might have been as incor
rect rs his newspaper report of yester-
day trial was said to be.
Wisehart in addition to being a wit
ness also represented two newspapers
at the trial.
Fielder laid special emphasis on the
fact that Fitzherbert testified that al
though he had expected that accusa-
tons would be made against him at
the hearing February 20, he attended
it nevertheless. Mr.. Fielder pointed
out that this proved that Fitzherbert
wes~anything u a brilliant man, and
that this action OF his was in line
with other similar actions during his
seat in the Senate.
Fielder said that although he came
away from the judiciary hearing con-
WINGED that Fitzherbert admitted that
he would act as a go-between, but to-
day he could not swear that his i'm
pressions were correct. He declared
that the two newspaper men at the
hearing who testified at the trial spoke
the truth absolutely, but that they
must have been mistaken in that they
recorded what they thought Fitzherbert
meant and not what he said.
Has Not High Regard for Ridner.
Speaking of Ridner's connection with
the case Fielder said he win not leave
the trial with a high regard for Rid
ner. but he has confidence in Ridner's
astuteness and his cleverness.
Fielder attempted to prove that if
Ridner had agreed to accept money
which would be given him February
10 at the Trenton louise he would have
been there in time to receive 1t and
would not have been met by Ostby ana
.Wisehart by, accident.
Fielder pleaded that if there is a
reasonable doubt as to Fitzherbert's
guilt he should be given the benefit Of
the doubt. He told of Fitzherbert's
reputation in his home town, which, he
said, was a good one. He then spoke
of Fitzherbert's family and the effect
expulsion would have on this family.
Fielder concluded with a very eIo-
quent plea, embracing every phase of