Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-12-07
QUESTION OF TITLE
Reasons Assigned for Refus-
ing to Purchase CuIm Dump.
TESTIMONY OF c. F. CONN
Alleged Connection of Judge Arch
bald With the Deal.
TRIAL BEFORE THE SENATE
Witness May Reproved, by Presiding
officer for Use of Violent
Language.

The alleged connection Of Judge Robert
w. Archibald OF the Commerce Court with
the attempted sale Of q refuse coal dump
near Scranton, Pa. still was the subject
Of continued testimony when the Senate
court of impeachment began the fifth
day of the trial Of the jurist accused of
using his 'potentiality as judge to
further private business interests.
Judge Archibald has attended the ses-
sions since the beginning of the trial.
following the testimony Of the witnesses
closely, but exhibiting little emotion over
evidence about his relations with f.. J.
Williams in securing the Katydid culm
dump option, and his conferences with
Erie railroad officials over the deal.
Charles F. Conn Recalled.
Charles +. Conn of Scranton general
manager of the electric line known
the Lackawanna and Wyoming Valley
railroad, an Erie railroad subsidiary. was
on the stand today when the impeach-
ment trial was resumed. Mr.. Conn al
ready has testified that Judge Archibald
had solicited him to purchase the coal in
the katydid dump upon which Mr.. Will
liamS and Judge archibald had secured an
option. but that Mr.. Conn finally. after
conference with his cOmpany'S attorneys,
declined to purchase because Judge Arch
bald could not give assurances as to the
title to the property.
Censured by Senator Bacon.
The exclamation by w. A. May of
Scranton that IF that's the claim it's a
lie,' thrust into the routine testimony in
the trial, gave the Senate moment of
excitement yesterday. and brought down
upon Mr.. Mays head the censure of Sena
tor Bacon, the presiding officer.
Mr. May s exclamation was directed to-
ward the managers for the House, who
are conducting the prosecution of Judge
Archibald for alleged misuse Of his jul
dicial power fer private ends. Attorney
A. S. WorthingtOn. for Judge Archibald,
was cross-examintng Mr.. May. who is
general manager of the Erie railroads
subsidiary-the Hillside Coal and Iron
Company-as to his motive for recalling
a contract of sale of the katydid culm
bank, which had been sent to pro-
spective buyer secured through f. ]. Will
lams. the business associate Of Judge
Archibald.
May claimed he recalled the contract
because he received letters containing
notices of claims by others to an interest
in the bank. Mr.. Worthington remarked
to the witness that the claim had been
IIdOe tndt THESE letters were HCllllOuS anu
that the real reason for Withdrawing the
contract was tip about a Washington
investigation into Judge Archbald's con-
duct.
IF that claim is made. it is a lie."
shouted Mr.. May. Senator Bacon, pre-
siding. cautioned him that such language
should not be used in the Senate cham
Der. and Mr.. May apologized.
Other Witnesses Heard.
George F. Brownell of New York. gen.
eral solicitor of the Erie railroad;
Charles F. Conn of Scranton. general
manager Of an Erie subsidiary. the Lack
awanna and Wyoming Valley Electric
road and Charles F. Pryor of Scranton
were other witnesses examined during
the day Mr.. Rrownell told of Judge
Archbald's visit to him in his new York
offices; Mr.. Conn told of the efforts of
Judge Archibald to dispose of the Arch
bald Williams interest in, the Katydid
bank to the electric railroad, and Mr..
Pryor testified to having been present
when the silent party assignment was
drawn up and signed by E. ]. Williams
in Scranton. In this paper Mr.. Williams
purpOrted to assign a one-third interest
in his culm bank property to a silent.
party" alleged to have been Judge Arch
bald.
The House managers Won a point when
Senator Bacon ruled that they could offer
in evidence the deposition given by E. ].
Williams to Attorney Wrisley Brown of
the Department of Justice last April. to
contradict evidence Williams has given
to the Senate. Attorneys for Judge Arch
bald fought the point stubbornly.
Katydid Deal Considered.
The katydid deal was the subject of
the examination of George F. BroWnell,
general solicitor for the Erie and the Hill
side Coal Company. The witness testified
Judge Archibald said in substance that he
was interested" in clearing up the title
to the property. and he had gone to Mr..
Brownell as the only official Of the Hill
side Company he knew, with the excep-
ton of Mr.. May. Mr.. Brownell said he in
troduced him to Vice President Richard
son.
Representative Clayton, for the man.
ayers was about to ask that a personal
attachment be made for Richardson to
get him before the Senate, as he had not
responded to summons, when Senator
Bacon stated he was informed Richardson
was in a New York hospital. The SUBJ
ject went over.