The sun. [volume] (New York [N.Y.]) 1833-1916, 1916-06-30
MARSHALL FIGHTS TO HAVE
HIS CASE GO TO SENATE
Correspondence. Shows He's Anxious to Have House
Vote to Impeach So He Can Get "Fair Hearing
on Equal Footing With Accusers.

United States Attorney II. Snowdeu
Marshall will do everything in his power
to prevent the Judiciary Committee Of
the House OF Representatives from
dropping the Impeachment proceeding
against him. Tho Federal prosecutor Is
anxious to have the House vote to i'm
peach him so the case will reach the
Senate. whore. Mr.. Marshall believeA he
will be given . fair hearing on an
equal footing with his accusers.
Mr. Marshall makes plain his desire
in this connection IN letters written by
him to Chairman Il. Y. Webb Of the
judiciary Committee after the sub
judiciary committee appointed to con-
duct the impeachment investigation had
made Its report criticisins the conduct Of
Mr.. M~arshall's office. but refusing TO
recommend Impeachment.
In his last letter to Chairman Webb
Mr.. Marshall accuses an unnamed Con-
gresham Of giving to a newspaper re.
porter the committees confidential report
while Rae Tanner was on trial before
Judge Wolverton in the United state
District Court here, charged with per-
jury. The publication of the confidential
report at that time. Mr.. Marshall init.
mates, was all the more regrettable since
II charged him with using the power Of
his great office to aid his friend. James
W. Osborne" and also with administer
ing unusual and cruel" treatment 10
Miss Tanner.
The fact that the Tanner case was on
trial at that time says Mr.. Marshall in
his letter of June - to Chairman Webb,
was well known to you subcommittee
and the fact that it's publication would
have n tendency seriously to impede the
prosecution of his case. and might in
iiuence the minds OF the jury who were
considering the vase, vas OF course wei
known to all concerned.
Loaned 10 Reporter.
II have caused inquiry to be made as
to how this confidential paper came to
he given to a newspaper and have ascer.
tanned that a copy OF the CONFIDENTIAL
report was loaned for one hour to the
Washington correspondent OF the news
paper by a member OF Congress whose
name this correspondent ia unwilling TO
reveal. l suggest TO you that the name
~ this gentleman ought to Ne asce--
tained for the SAX of the credit Of all
persons concerned In this matter.
You will realize that this course Of
conduct toward my office imposes or me
the duty Of seeing 20 II that other i'm
portant prosecutions in this district shall
not be hampered or impeded either by
the malevolence OF any member OF Con-
grese against me or by the sympathy OF
any member of Congress with a de-
PENDANT"
Mr.. Marshall adds that he Is especially
desirous hat no such confidential reports
he divulged during the trial OF Congress-
man Frank Buchanan. who i~nstigated
the impeachment p~roceedinc against him
after Buchanan and others connected
with Labor's National Peace Council had
been indicted through Mr.. Marshall's
eforts on a charge OF violating the Sher-
man law in AN effort to aid Germany by
stopping the shipment 81 munitions to
the Allies.
TIL day before the full report OF the
subcommittee was published. Mr.. Mar
shall says. Benjamin Slade. attorney for
Rae Tanner. asserted during the trial
that the subcommittee had found him.
VI Marshall. guilty"
What his advance knowledge ~ the
confidential report was, I am unable to
state" adds Mr., Marshall.
Mr.. Marshall In his letter complains
that. although the report leaked into me
newspaper, he was untDIe 10 Wduce the
committee to forward him a copy 90 he
laieht prepare his defence point by point
and answer any specific accusations
made by the subcommittee. Because OF
his inability to get the report. Mr..
Marshall wrote. he would not waste time
tryin. to answer the chrages before the
judiciary Committee as ne was invited
10 do. but would wait until the matter
reached the Senate
would Go before senate
~ realize OF course the prosecutor