The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-12-03
The Impeachment Trial of
Judge Archibald Begins.
Indicted by the House on Is
Separate Charges.
ADMITS ALL ALLEGATIONS
But Defendant. Denies That His
Acts Were Improper.
First Proceedings of Kind
Since the SWane Case.

washington, Dec. 3.-For the ninth
time in its history the senate convened
today as high court of impeachment
to try Judge Robert w. Archibald, of
the Commerce court, On thirteen separ-
ate charges alleged to constitute "high
crimes and misdemeanors."
Council for the judge admitted COM
mission of all the acts alleged, but de-
MED that any was improper.
The house will be represented
throughout the hearing by seven man
ayers, 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 Ne
braska.
A. S. Worthington, of Washington,
with Alexander Simpson, jr., of Phila-
delphia, will represent Archibald
throughout the case.
The charges against Judge Archibald
arose in connection with private and
Court of Commerce and as United
States district judge for middle Penn
sylvania. He was impeached by the
house Of representatives, after full in
vestigation of the facts by the depart
ment of justice, and extended hearings
The managers appointed by the
house to prosecute the case before the
senate asked for an immediate trial
last August but the senate declined
to hasten it's consideration of the case.
During the last week scores of sub
poenas were issued for witnesses who
will be brought before the senate by
the house managers and by Judge
Archbald's attorneys in connection
with the trial.
First Case Since 1904.
After the house committee on ju-
dietary had concluded its hearings last
spring it recommended that Judge
Archibald be called before the senate
under impeachment proceedings. The
last time the house had exercised It's
impeachment powers was in 1904 when
Judge Swane, United States judge for
the northern district of Florida, was
called to account for misconduct and
was acquitted by the senate. The
house of representatives on July IL,
1912, adopted articles Of impeach-
committee headed by Representative
Clayton of Alabama, was chosen to
act as the managers Cn the part of the
house to try the case before the sem
ats. The house MANAGERS urged the
senate to grant an Immediate trial but
that body declinei - hear the case
before the end of the last session.
Thirteen separate articles constitute
the basis for the impeachme ent trial. |
These embrace dealings between Judge |
Archibald and the railroad officials
and others in regard to Pennsylvania
coal or "culm' dumps and coal lands; |
contributions by attorneys and others
to the judges vacation trip to Europe |
in 1910; reputed secret correspond |
ence" by the judge with railroad at |
torney concerning a pending case; and
alleged attempts to have notes pay |
able to Judge Archibald discounted by
attorneys and litigants before his
court.
In presenting the case to the house
of representatives Clayton said that
the judiciary committee was of opinion
that Judge Archbald's sense of NOR
al responsibility had become deaden-
ed" and that he had "prostituted his
high office for personal profit.
The Katydfd Culm Deal.
The principal charge grew out of the
Katydid Culm bank deal. In this charge
it was asserted that while the Erie RAFT
road company had pending before the
court two suits, Judge Arch
bald, corruptly taking advantage of hls
official position, induced the officials of
the Hillside Coal & Iron company and OF
the Erie railroad which owned that COM
pany, to agree to sell the coal COM
pany's interest in the Katydid dump to
Judge Archibald and Edward ]. Williams
In his answer Judge Archibald denied
that he had acted corruptly, or had taken
of his position. His attorneys
took the position that it was not crime
for a federal judge to become interested'l
in an attempt to purchase property from
one who was might become a litigant
bfoTe his court They declared that no at
tempt was made to get the property for
less than its fair value.
Another prominent charge was that
Judge Archibald undertook for a consider
alton to assist George NJ Watson, an at
,orney of Scranton, Pa, to settle repair
alton suit brought by the Marion Coal |
company against the Delaware, Lacka- |
wanna & Western Railroad company, and
% sell for c. G. Boland and W. p. Bolani |
4 large portion of the stock of the Marion
Coal company to the railroad. In his an
;wer Judge Archibald declared he acted in |
his matter merely as friend of Watson
and C. G. Boland, without ever having
,eceived suggestion of compensation.
In response to every charge attorneys |
or Judge Archibald replied that the acts
charged did not constitute an impeachable
,ffense, high crime misdemeanor,
IS defined in the constitution.