The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-08
ARCHIBALD TRIAL
NEARS ITS CLOSE
All Testimony In, and
Arguments Begin
To-Day.
ACCUSED JURIST
AGAIN ON STAND
Many Members of Senate Join in
Cross-Examination as to Pro-
priety of Certain Act of His
While on Bench-Tine for
Speeches to Be Equally
Divided.

Washington. January THE impro-
priety OF a Federal Judge writing TO
an attorney on one side of a case
that had been argued before him, for
information or argument to clear up
doubtful points. became the point
around which members of the Senate
to-day fred question after question at
Judge Robert w. Archibald, Of the
United States Commerce Court. under
trial by impeachment for alleged 'io-
lation Of his Federal oath.
Cross-examination of the accused
jurist. begun by Representative Sterl-
Ing one of the House managers con-
Quoting the prosecution. virtually was
taken out OF hts hands when that
charge was reached involving Judge
Archbald's correspondence with At
torney Helm Bruce OF the Louisville
and Nashville Railroad.
Members Of the Senate demanded OF
Judge Archibald time and again
whether he did not think II improper
and unfair TO the other parties In a
suit 20 request OF one attorney All
without giving like privileges to the
other side He insisted he thought
there was nothing improper IN his con-
duct
Judge Archibald held the witness
stand for nearly four hours All tes-
timony now has been given. and there
remain only the closing arguments and
the vote Of the Senate as to whether
Judge Archibald is guilty of any OF
the charges against him.
Three Days for Speeches.
The Senate determined to give three
days to the arguments. the time to be
equally divided 1t is expected at
least Eve OF the House managers will
participate. opening at l o'clock to-
morrow.
The Louisville and Nashville charge
centred about Judge Archbald's re
quest of Attorney Bruce for tnforma-
ton as to a certain point in the So
called Montgomery rate cases. which
had been argued before the Commerce
Court Judge Archibald said he had
differed with the balance of the court.
and in writing a dissenting opinion he
asked Mr.. Bruce to clear up a con-
troverted question about whether GER
tain rate changes violated the old
Cooley arbitration" agreement
He declared the correspondence be-
came of no consequence because later
other members of the court. except
Judge Mack. took view similar to his
own. and Presiding Judge Knapp finally
wrote an opinion favorable to the rail-
road
Was IL not due 10 the arguments
Won got by writing Mr.. Bruce that the
II.
gave a decision favorable to the Louis
willie and Nashville" asked Represen-
tative Sterling.
Absolutely not" said Judge Arch
bald.
Senators Reed. Pomerene. Culbcrson.
Sh!vely Nelson. Hoke Smith and 9th
ers piled him with questions as TO his
intent and as to the propriety OF his
act.
WHY Jid you not give the attorneys
for the other side a chance to present
their views" asked Senator Reed.
The point amounted to so little that
IL did not affect the decision Of the
case replied Judge Archibald.
You set out. did you not. to writ
an opinion I'm favor OF the railroad.
and you wanted Mr. Bruce to fortify
you in this asked Senator Nelson.
no. I don't think what I did could
be characterized in that way" replied
Judge Archibald.
Why dill you not give the Bruce let
.ers TO your associates on the bench
asked Senator Culberson.
Did Not Enter Into Case.
Because they practically did not
enter into the case al ALL" said Judge
Archibald.
Did YOU secure Mr.. Bruce's assist
ance in preparing dissenting opin-
ION asked Senator Hoke Smith. and
then bring the other members OF the
court over to your view without dis
closing the correspondence
NO. 7 reached my decision without
Mr.. Bruce's assistance and wanted his
view OF the one point said Judge
Archibald.
when did you decide that this cor
respondence with Mr.. Bruce was not
material 20 the decisions7- asked Sen
at3r Reed.
In talking the matter over with
Judge Knapp saw there was no occs-
sion 10 dwell on that point" answered
Judge Archibald.
lie added that this conversation was
after II had been decided that the
decision favorable 10 the Louisville
and Nashville read represented the
view. Of the majority Of the Commerce