The Washington herald., 1912-12-14
House Managers Expected to Rest
Their Case Against the
Judge To-day. -
DEFENSE TO CALL MANY
CHARACTER WITNESSES
Vote on Admissibility of Indirect
Testimony in Evidence Feature
of Hearing Yesterday.

against Judge Robert w. Archibald, OF the
United States Commerce Count, virtually
had completed the presentation of Its
case. 1t is not believed the few wit
nesses which the prosecution will intro
duce in conclusion to-day will take up the
entire four hours and a half allotted
to the impeachment trial each day by
the Senate. ....
Yesterdays session had one interesting
| though not significant development II
brought out a vote on the admlssibility
of type of evidence which the defense
considers very important indirect testi-
mony as to Judge Archbald's hope Of re-
ward from the various deals in which he
is known to have been interested. By
vote of % to . the Senate decided
to permit Christopher Boland. a member
of the Marion Coal Company. to tell what
was his understanding as to Judge Arch
bald's pecuniary interest in the sale OF
the Marion Coal Company to the Della
ware, Lackawanna and Western Rail-
road.
Following the vote. Manager Floyd,
who was examining BOland, asked him
il Watson. who was trying to sell the
company for the Bolands. had given him
to understand that Judge Archibald was
interested in the deal in a pecuniary way.
Reward FOR Judge,
My brother, w P BOland,'' replied
the witness, F'expla!ned to me that Wat
son had suggested the price of the COM
pany be raised from 10000, the figure
at which we had authorized him to sell
il to the LaCkawannR, TO, / believe, about
$4,000. My brother explained this ad-
vance in price by Saying that Watson
desired to reward Judge Archibald for
the interest the judge had taken in the
c. sc. My brother asked me to see Wat
son, which I did. Watson confirmed
what my brother had said regarding the
distribution of the Increased amount.
Watson said the additional money asked
was necessary because Judge Archibald
had interested himself in the matter, and
he (WatsOn) felt he should be compen-
stated, which he proposed to do by giving
him One-fourth of the amount he was
TO receive in excess OF $500 which
would have been our share after Watson
had deducted the 5000 we promised him
for the sale of the place at the original
figure"
The defense. in cross-examfning b.
fard. pointed TO a part of his statement
to Wrisley Brown, investigator for the
Department of Justice, which contra
dicted his testimony. BOland explained
that by saying that he did not wish at
that time TO besmirch Judge Archibald s
reputation upon no better basis than
Watson's unauthenticated word. Under
irsistent cross-Questioning, Boland ad-
mitted that Watson had mentioned two
Others who were to receive a quarter
share of the bonus f. r. Loomis, vice
president of the Delaware. Lackawanna,
and Western Railroad. and Col r. A
Phillips general superintendent OF min
ing. OF the railroad company.
No Test of Strength.
The vote, as the result of which this
testimony was admitted. did not indi-
cate clearly the strength of the case
against Judge Archibald. Most of the
Democrats and a number Of Progressive
Republicans voted to admit the testi-
mony. but several Democrats, a few Pro-
gressiyes, and most of the Republicans
voted to exclude the question and answer
involved. The following Republicans
voted to exclude the testimony: Brande-
gee, Burnham, Burton. Clark, Wyoming;
Crane, Galllnger, Lodge, Mclean. Nc
Cumber. Nelson, oliver. Page, Penrose.
Root, Smith. Michigan; SmOot, Suther-
land, Townsend. Warren, Wetmore.
Works. The Democrats who voted against
the admission OF the evidence were
Bryan, Fletcher. Jackson, and Sanders.
L he lOliO"lllS DtlllOGIdlS NOlGu " du-
NIT the evidence; Chiffon, Ashurst,
Foster, Hitchcock, Johnston. Lea, Martin,
MARITIME. Myers, O'Gorman, Overman.
Perky. Pomerene, Reed, Simmons, Smith,
Georgia; Stone Swanson. Thornton, Gull
berson. Tillman.> The Progressives and
Republicans who voted to admit the evil
dence were Clapp, Crawford. Gronna.
Kenyon, La Toilette, Progressives, and
Cullom. Curtis. Perkins, regulars.
The impression is general around the
Senate that the House managers have
made out against the judge before the
judiciary Committee and that as mat
tiers now stand there is every probability
that the Senate will vote for his con-.
viction by a fOur-fifths majority. The
with yesterdays test, have
succeeded in getting before the Senate
virtually every piece Of testimony pre-
scented to the House committee, evidence
which led the House to vote. for his i'm
parchment with but one dissenting voice.
No Flaw I'm Case.
Counsel for Archibald have found it
impossible so far to point a flaw in the
House case. The cross-examination of
witnesses has brought out but little The
strongest point which counsel for the
tire case rested upon an alleged conspir-
acy on the part Of ". P. Boland to
bring the Judge into a compromising
position. The prosecution, however, has
disassociated, wherever possible, the
other charges from those involving Bo-
land. and have in no way made the en-
tire case dependent on the one article.
A number of witnesses were before the
Senate yesterday. including George F.
Baer, president of the Reading Railroad
All testimony introduced was repetition
of testimony presented before the House
Committee, however.
Monday the defense will commence the
presentation Of its case. 1t is understood
that much of the defense rests upon
character witnesses for Judge Archibald
and witnesses attacking the character of
those called by the House managers. 1t
is not expected the Senate will permit
the introduction of a great many wit
nesses of this nature in the interest of