New-York tribune., 1912-03-07
HTzHERBERT CASE CLOSEST
Jersey Senate Will Give Decision
on Bribery Case o-day.
EXPULSION IS EXPECTED
Several Democratic Members
Unwilling to Acquit Their
Accused Colleague.
rRy telegram to The Tribune

Trenton, ~ j.. March 6.-Senator Richard
Fitzherbert, of Morris County who has
been on trial before his fellow Senators for
the last two days on charges of conduct
unbecoming a Senator, will hear the judg-
ment Of his colleagues tomorrow morning.
The trial closed this afternoon, and 1t was
expected that decision would he reached
tonight, but the Republicans, at the re-
quest Of Senator Fielder. agreed TO post
ponement until tomorrow morning.
The postponement was asked. it was said,
TO enable the Democrats to hold con-
ference, Senator Fielder telling Senator
Edge that unless the request was granted
the Democrats would refrain from voting
tonight. That Senator Fitzherberts Demo
cratic colleagues are not unit in sustain
ing him was shown tonight, when 1t was
learned that only three OF them had made
up their minds 10 vote against his expul-
sion. on the ground that they did not think
him wlfully guilty of the charges.
Senator Fitzherbert took the stand In his
own defence to-day, and denied that there
was any question Of money involved IN
the two acetylene bills. and that as soon
as the offer of 5000 was broached by Wise
hart he had spurned It. DR.. Ridner also
took the stand and while admitting that
he was the father OF the two bills, denied
that he had ever discussed the payment OF
money In connection with them.
On cross-cxamination by Attorney Gen
eral Wilson Fitzherbert said that he re-
garded Ridner as an honorable man. and
had not asked him why he wanted the
acetylene bills introduced.
dra ~ Nptl2'
"No. He brought me a rough draft.
But YOU prepared them afterward?
Yes"
This very bill" said the Attorney Cen
cral. as he handed Fitzherbert the copy of
the bill as it came from the Office Of the
Commercial Acetylene Company, was pre-
pared in YOUR Office. was IT not?'
1T was"
This copy from the acetylene company
is a carbon copy OF the bill you introduced.
is 1t not?'
Yes. ! believe IL is.
Under continued cross-eXamnauon SEN
ator Fitzherbcrt admitted that he had been
excited tine day OF the hearing, but de-
MED that such agitation impaired his mcm-
ory. but he said he could not remember
that he had said at the hearing he had
told Wlschart he would do what the hacker
OF the bill wanted him 20 do He also de-
MED making the statement to Nisehart
that he would tell the hacker Of the bill
that 5000 would he paid 10 have 1t with
drawn.
When the defence called Or Ridner 20
the stand Attorney General Wilson asked
him il he would waive all immunity from
criminal prosecution gained through tesu-
flying. and Ridner said he would. But his
counsel. Jacob l. Newman, interfered ana
advised him not 10 make such waiver
Acting then on such advice Ridner said ne
would not waive any of his constitutional
rights.
Ridner was sworn and told Of the visits
10 Mr.. Ostby. OF the gas company lie
denied that he had ever asked $l."o for
killing the bills. He denied heinz In ost-
bv's office January 3, the date when IN"
stenographers sVore 10 their notes OF con
versation between the two men.
On cross examination Ridner admitted he
had never thought Of the dangers OF acety-
lene gas until he saw bill offered IN
Congress. and when asked why he.
dentist, should have been so terrorized at
the dangers from such gas that he hah
drawn bill to stop Us use he said that
q wanted 10 he the father OF such legis-
lation.
Ostby had suggested money 10 him about
twelve times. Ridner said. and had named
80 900 TO suppress each bill. but he had re-
fused all such propositions.