New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-07-10
ARCHBALD'S LAWYERS
ASK PUBLIC TO WAIT
Urge Suspension of Judgment
Until Senate Has Heard the
Judges Defence.
ALL CHARGES ARE DENIED
Statement Takes Up Commit
tees Assertions in Detail,
Declaring Impeachment
Is Not Warranted.

Judge Robert W. Archibald, Of the Com
merce Court. against whom articles of
impeachment have been reported in the
House, issued a statement to-day, ask
ing that public opinion in the case be
suspended until the accused jurist has
had an opportunity to present his de-
fence to the Senate, which, sitting as a
court. will try the charges against him.
Takes Up tho Charges.
The statement takes up in detail the
principal charges on which the judiciary
committees hearings were held giving
these as follows:
First, that in a suit brought by John W.
Peale against the Marian Coal COMPANY,
in which the Bolands were largely inter
demurrer 10 the complaint filed by the
counsel for the Marian Coal Company be-
cause the Bolands had refused to discount
certain $500 note which Judge Archibald
had Endorsed.
Second. that in the same suit Judge
Archibald, at the instigation of the Lacka-
wanna Railroad officials. ordered the Mari
an Coal Company to close it's testimony in
Third, that after Judge Archibald had
become a member of the Commerce Court
ne at the Request Of an 0fGia ,0 of thg
District Judge Wilmer, before whom the
case of Peale agt. the Marian Coal Com
pany was then pending. to decide that
case In favor Of Peale.
Fourth. that through Judge Archibald Mr..
Seager, one Of the counsel Of the Lacka-
wanna Railroad Company, was given ad-
vance information that the Peale case
would be decided against the Marian Coal
All these charges. except the third, re-
lated TO Judge Archbald's official acts. BY
the evidence before the Judiciary Commit
was so completely disproved that no refer
ence is made to any one Of them In the
report OF the committee or in the articles or
impeachment.
mended the impeachment Of Judge Arch.
bald on thirteen other charges only two or
which relate to the performance by him
Of any judicial act, and in neither Of the
two excepted cases is 1t charged that he
The principal charge by the committee
relates to Judge ArChbald's connection
WITH the attempted purchase from the
sidary OF the Erie Railroad Company Of
It's interest in the Katydid culm dump.
That Judge ARCHIBALD was interested in the
proposed purchase is not denied. II is not
claimed by the committee, and we assume
il will not be claimed by any one, that the
mere fact that federal judge is inter
erty from one who Is or may be a litigant
In his court Is a criminal offence, or Is
even, In itself, evidence of corrupt mind.
In It's report the sole ground upon which
the committee relies in reaching its con
clusion that in this particular case Judge
Archibald acted corruptly Is the evidence
as to the value Of the Katydid culm dump.
The committee assumes that the interest
Of the Hillside company in the dump was
worth a great deal more than Judge Arch
bald and his associates were to pay for IT,
Quotes from Testimony.
The statement quotes the testimony
of Captain May. manager of. tho Erie
Railroads coal properties. and that Of
other witnesses to show that Judge
Archbald's profit in the Katydid Culm
bank, had he been able to sell it, would
have belonged TO Williams, his partner
$4,000-and that a portion of that would
have belonged to William. his partner
III the deal. The statement continues:
Only two other calm bank transactions
are referred to by the committee. one of
them had no connection whatever with any
railroad company. As to the other there
is no evidence Of favors asked or fsvOrs
given, and no evidence that the transaction.
If 1t had been carried through would have
been profitable.
AS TO these as also with respect TO the
proposed purchase of coal properties from
the Lehigh Valley Coal Company, thee
against Judge Archibald rests upon the
naked proposition that II is an improbable
misdemeanor OF federal judge TO have
business transactions with litigantS or pos
sible litigants in his court.
In another article Of Impeachment II is
charged that Judge Archibald. FOR a con-
sideration," used his influence To bring
about a settlement OF litigation which the
BOlands, In various forms, were engaged In
with the Lackawanna Railroad Company.
1t Is not claimed in the report Of the
committee that there was any direct evil
dence tending to prove that for what he
did in attempting 10 bring about this set
Element Judge Archibald was TO receive
compensation or was TO be benefited in
any way. The committee simply assumes
It TO be incredible that Judge Archibald
would help friend to settle litigation
was paid for It. Mr.. Watson testified
positively before the committee that Judge
Archibald was not to receive any part OF
the Compensation which was 10 come TO
Judge Archbalds participation in the
attempted settlement Of this litigation was,
I'm fact due TO long friendship for the Boz
lands and friendship for and desire 10
help MIR. Watson, and there is no founda-
ton for the charge that he was TO receive
any money or anything else OF value.
Another article Of impeachment Is based
upon the charge that Judge Archibald
agreed and consented that the $500 note
above referred to, indorsed by him. should
be presented TO the Bclands for discount
at 4 time when they were interested IN
litigation in his court.
When this note was offered for discount
Judge Archibald had no connection with The
case Of Pealc agt the Marian Coal Com
which had been filed ny that company 10
the complaint and in appointing an exam
liner to take the testimony. There Is moth
ing in the evidence to justify the inference
nd Archibald authorized
to be presented Ia the Bclands for discount
because they were interested az stocknolG-
ers in the Marian Coal Company in the
case in which that company was defendant.
Judge Archbad'S position was that OF
an accommodation indorser The inference
of the committee that Judge Archibald re-
ceiVed, or was to receive. the proceeds or
this note. or any part of such proceeds, is
not justified by anything In the evidence
and Is not true in fact.
In discussing the charge relative TO the
correspondence by Judge Archibald with
the attorney of the Louisville & Nashville
Railroad Company, the committee report
entirely ignores the fact that the attorney
letter correcting the testimony OF witness
in the case was pasted into the record COB
viously by Judge Archbald) for all the
world TO see. and the written opinion after
ward rendered by Judge Archibald assumes
that the testimony was correct as II orig
inally stood.
New charges appear in the articles of i'm
parchment which were not developed ny
the testimony before the committee For
example, Il is made ground Of Impeachment
that Judge Archibald took trip to Europe
at the expense of Henry w. Cannon. who
had large corporate connections. The COM
mittee saws ~ is claimed that Mr.. Cannon
is distant relative of Judge Archibald
wife"
The slightest investigation would nave
shown that i'm fact Mr.. Cannon is Mrs.
Archbald'e first cousin. and that the occa-
sion and object of the trip was the making
OF a visit, at Mr.. .Cannon's request AZ his
residence in Florence, Italy.
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