The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1912-12-13
CASE
NEARING CLOSE
Prosecution Springs Surprise in An
nouncing that Evidence Is
About All In.
DEFENSE UNPREPARED
AND ASKS FOR DELAY
Bacon Denies Request for Delay,
but Special Order Reversing
Ruling Is Passed.

How Judge Archibald succeeded in in
ducing the officials Of the Lehigh Valley
Railroad Company TO break a thirty-year
precedent and agree to vacate lease
held by the company in favor OF Judge
Archibald and his associates was related
| in the Senate yesterday by officials of
! the railroad.
The lease in question was held by the
Lehigh on a property owned by the Gil
rard estate OF Philadelphia. The railroad
people agreed to the proposition on con-
dition that the Girard estate interposed
no objections. The board of directors of
the estate. however. denied the jurist's
! request. and the deal fell through.
The prosecution in the impeachment
trial against Judge Archibald virtually
has completed the presentation of its
case, it developed yesterday. Chairman
Clayton sprang a surprise on the defense
when he announced that the House man
ayers might conclude to-day. and GER
tainly would conclude some time Satur-
day. Attorney Worthington. chief of
counsel for Archibald. Immediately an
nounced that the defense had not cx-
pected so early a closing and could not
have its witnesses on hand before Mon
day.
Mr.. Worthington asked that the defense
be given until then to commence the pre-
sanitation of its case. President Bacon
in his ruling, denied this request, but a
special order reversing the action of the
chair and granting the time allowance
asked was introduced by Senator Root
Of New York and received unanimous
consent.
holland Recalled to Stand.
The prosecution made another attempt
yesterday to examine witnesses upon the
true inwardness of Judge Archbald's
connection with George NJ. Watson, at
torney for the Bolands. in the latters'
attempt to dispose of the Marian Coal
Company to the Delaware. I.ackawanna
and Western Railroad for $l6i 900. This
point has been hanging fire for several
days, owing to a ruling of the chair on
an objection bv counsel for Archibald
when Christy u. Boland was on the
stand early in the week. At that time
the prosecution asked Boland what he
understood to be Judge Archhald's in
teTest in the deal, how much Judge Arch
bald expected TO get out of 1t. The chair
Oh objection of WorthingtOn. ruled that
until some material evidence of Judge
ArChbald's connection with the case be
established the question was not ad-
admissible.
Christy Boland was recalled to the stand
again yesterday. the prosecution main
tanning that through testimony of W. p.
Boland and numerous officials of the
LaCkawanna they had established a
foundation for the question in accord
ance with the previous ruling of the
chair. Manager Floyd asked Boland II
Watson hal advised him that ARCHIBALD
was to receive any share of the S. 900
the Bolands had promised Watson for
settling the affair. WUrthington again
objected to the admiss!bility of the evil
dence. Contending that it should not be
admitted unless the prosecution could
establish either that Archibald was pres
ent when Watson made such A declara-
ton or that he knew Of the declaration
and had not denied its truth. Floyd
argued that the question was proper AS
dealing with the conduct of a Federal
judge. WorthingtOn asked that decision |
be reserved until to-day, when the de-
Tense would present its arguments |
against the admissibility Of the question. |
The House managers acceded to this |
request.
Explains Note IndOrSement.
John Henry Jones. Of Scranton. whose |
note for 500 Judge Archibald Endorsed in |
1909, was the last witness of the day. |
Jones testified that the note was to pay |
his expenses to England on a Venezuelan |
land deal. and that Judge Archibald had |
no interest in the affair.
James r. Dainty, who could not be |
found for the hearings before the House |
judiciary Committee. appeared yesterday |
and was questioned about the Judge |
interest in Dainty's attempt to induce |
the Lehigh Valley Railroad to grant him
32i acres OF coal land in return for his
offices in securing for them certain inter
ests In the property of the Eberhart
estate belonging to Mrs. Clara Llewellyn.
of Scranton. Dainty said that the trans
action had been proposed during a con-
ference with Judge Archibald over an
other matter. He denied that Judge
Archibald had offered 10 use his influence
with the Lehigh people or that he
Dainty had asked the Judge to do So
Testimony has established the fact that
the iudEe did interview certain officers