The daily banner. (Cambridge, Md.) 1897-2008, 1912-12-04
ARCHIBALD TRIAL
OPENS IN SENATE.
The Impeachment Proceedings
Against Judge Begins.
EARLY VERDICT UNLIKELY
Commerce Court Jurist Appears Be.
fore the Senate to Answer to the
Charges.


Washington, Dec. 4.-For the ninth
time in it's history the senate CON
vened as a high court of impeachment
so try Judge Robert w. Archibald, OF
the commerce court, on thir,ee
charges alleged to constitute high
crimes and misdemeanors."
Counsel for the judge has admitted
commission of all lthe acts alleged
proper.
Judge Archibald and his attorneys
entered the chamber promptly, as did
the house managers.
The court adopted formal orders
setting the hour of meeting daily at
p. M, and providing that the open.
ing statements of the case should be
made by one person on each side.
That will confine the opening state
ments to Representative Clayton, de
signated by the house managers, and
A. S. Worthington, chief counsel for
Judge Archibald.
The house, which brought the i'm.
parchment charges last summer, will
be represented throughout the hearing
by seven managers who act as the
prosecutors in the trial. They are
Representatives Clayton, of Alabama;
Webb, of North Carolina; Floyd, OF
arkansas; Davis, of West Virginia;
Sterling, of Illinois,; Howland, of Ohio,
and Norris, of Nebraska.
A. S. Worthington, of Washington,
who with Alexander Simpson, Jr., OF
Philadelphia, will represent Judge
Archibald throughout the case, was
prepared to follow Representative
Clayton, chairman of the house judi
ciary committee, with the statement of
defense.
It is hoped that the trial of Judge
Archibald can be completed before the
Christmas holidays, but this seems to
be improbable.
About thirty witnesses have been
summoned, and it is considered as
doubtful whether three weeks will
suffice for the hearing.
Although the senators refrain from
expressing opinions on the case be-
cause of their service as judges, the
prepond of sentiment seems to
indicate verdict of sacauittai Twas
thirds OF the Senators must go -
convict to make the impeachment ct
fective. 1t is not believed that a suffi-
cient number can be obtained.
An unusual situation seems certain
to arise soon after the trial opens. OBJ
lection doubtless will be made by Sen
ator Bailey to the employment by the
house managers of Wrisley Brown, a
special attorney in the department of
justice, as counsel for the prosecution.
Senator Bailey is expected to declare
that it is an interference by the ex-
ecutive with the legislative branch of
the government.
Mr. Brown was detailed by the de-
partment of justice, under instructions
from President Taft, to investigate the
various charges made against Judge
Archibald. He collected all the evil
dence subsequently laid before the
house and on which the articles of i'm
WSlS UdSSu. AL dIuOuuCC-
mept was made by the house manag-
ers that Mr.. Brown would be counsel
before the senate.
When the house managers heard of
Senator Bailey's contemplated objec-
ton they were perturbed. They sug-
gested that Mr.. Brown resign from
the department of justice and thus
qualify to meet the question raised
by the Texas senator. If Mr.. Brown
declines to leave the department of
justice the house managers may have
to dispense with his services and con-
duct the case themselves.
AS for himself, Senator Bailey says
he has never heard that Mr.. Brown
will appear as attorney for the house
managers. He expects them to act as
their own legal representatives. He
would not anticipate possible situa-
tion by declaring his course if Mr..
Brown does COME before the senate as
counsel for the house managers with
out having relinquished his connection
with the department of justice. Of
course everybody knows Mr.. Bailey is
laying" for executive interference.