The Washington herald., 1913-01-08
4 did NOTHING
WRONG ,'HESAYS
Judge Robert w. Archibald
Put Through Rigid Cross
Examination.
ARGUMENTS ARE NEXT
Vote on Question Of Impeachment
viii Be Taken Late This
Month.

With the conclusion Of the cross-ex-
animation Of Judge Robert w. Archibald.
of the United States Commerce Court,
yesterday. the taking OF testimony In the
Impeachment case in which he Is re-
spondent, was closed and the Senate,
after considering the matter in executive
session. reached an agreement allowing
three days for arguments on the law and
facts.
The Senate will take up the case, be-
ginning to-day, at / o'clock each day and
hear arguments for five hours until the
expiration of the third day. The time
will be divided equally between the two
sides, each side TO apportion the alot-
ment of time among its own speakers
Probably every House manager will have
| something to say on the case. The vote
on the question of Impeachment probably
will not be taken at the conclusion oil
the arguments. but will be fixed for some
date in the future. probably before the
end OF January.
Judge Archibald was subjected to a
| rigid cross-examination. He maintained
his composure under a fusillade OF ques'
tions not only from the House managers
but from the floor of the Senate. Sen
ator after Senator propounded questions
| from the boor. all intended to elicit from
the witness expressions Of his idea o'
professional ethics and judicial character
The judge was asked whether II nae
ever occurred to him that his influence
as a Judge might have had its effect q
induce the railroad companies to gran,
him options on culm property that woulc
not have been accorded to the average
citizen.
Plain Business Dealing.
occurred to me that the fact that / was
judge would have any influence ir
the matter. And I have reason to be-
lieve that II never occurred to the rail-
roads / submitted II to them as plair
business proposition"
| Judge Archibald said that he was con-
tent to accept the word of the men who
were associated with him and who knew
the value of such property. HI
admitted that he had put no money into
| the venture and had expected TO pu'
none into 1t. He started to explain thai
| II was common business In his neigh
borhood to deal in such property, bu
was halted in his explanation by th'
| House managers.
He denied that he had ever told f.
| Williams. his associates in the business
of securing options on coal property
that he could bring the Erie Railroad q
terms because he had pending befor'
him at the time the lighterage cases, II
which the railroad was interested.
| II do not recall that / ever discussed
the lighterage cases with Mr.. Williams,
| said Judge Archibald, although / maI
have discussed them with attorneys IL
his presence"
The witness was questioned sharply b.
| Senator'S Pomerene, Jones Of Washing
ton. and Nelson OF Minnesota concern
ing his action in writing TO Helm Bruce
! attorney for the Louisville and Nash
vile Railroad. relative to case whicI
had been argued in the Commerce Cour
by Mr.. Bruce and was under advisemen
by Judge Archibald.
Saw No Breach of Ethics.
DO you regard II as good practice 70
Judge sitting in a case to confer wit
counsel on one side regarding the issue
after the case is closed without tn
knowledge of the other side?' aske
Senator Pomerene.
Judge Archibald replied that he di
not regard 1t as a breach Of judicis
ethics: that the matter concerning whic
he wrote TO Mr.. Bruce was "a sma
matter"
IF II was a small matter why di
you think it necessary to write to Nj
Brucer' inquired Senator Jones c
Washington.
The judge replied that it never ha
occurred to him that he was doing any