The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-22
Attorneys Begin Work
Of Preparing Him
for Ordeal.
HIS FATE DEPENDS
UPON ONE RULING
If Court Refuses to Strike Out
Articles of Impeachment Deal
ing With Wall Street Specu-
lation Prior to Taking Of
fee, There Is Little
Doubt of Removal.
Especial to The Times-Dispatch.] ]

Albany, n. y. September 21.-Wil-
liam Sulzer will take the stand in his
own defense at the impeachment trial.
Announcement to this effect was made
By D. Cady Herrlck, chief OF the Sui
zer staf. Mrs. Sulzer will take the
witness stand only in event of failure
ment, dealing with campaign funds in
Wall Street. stricken from the COM
plaint.
Though It is certain Sulzer will not
be called as a witness until the closing
days OF the trial, his attorneys to day
began the work of preparing him for
the ordeal. Former Senator Harvey
u. Hinman, who is to have charge of
the defense. and his law partner. Roger
Clark, who was legal adviser to Gov
ernor Hughes. spent the day with Sui
zer. A stenographic record of every
direct and examination was made
for the use of his counsel.
His First Appearance.
When the impeached Governor takes
the witness stand II will be his first
appearance before the high court Of
impeachment. When called upon to
enter general plea he will respond
by counsel. and will not set foot in
the courtroom until summoned by his
own counsel.
'Will Governor Sulzer appear at the
trial to plead to the impeachment in
case the special pleadings are decided
adversely former Judge Herrick was
asked.
+ can only say that Governor Sulzcr
will not appeal at any time except as
a witness" was the reply.
will Mrs. Sulzer be called by the
defense?"
THAT depends entirely upon the ne
cessities of the case
'Will Louis Sarecky testify?"
He will be on hand whenever he is
wanted"
Does that apply also to Frederick
l.. Colwell. the broker who refused to
testify before the Frawley commit
tee?" Judge Herrick was asked.
mo. ! understand he is out of the
State. He has gone away for his
health
Met by Mrs. SuIzcr.
Reporters who called at the EXecu-
tive Mansion day TO ask Sulzer to
not resign were met by Mrs Sulzer.
viii the Governor have anything
further 10 say about not resigning?"
was asked.
"Oh. my goodness, he won't resign"
said Mrs. Sulzer
Should Sulzer lose the fight to have
the impeachment declared illegal be-
cause made at an extraordinary Sos
sion. and his counsel expect no other
result. the most important battle Will
follow at once. II will be on the mo-
tion to strike out the three articles
OF impeachment dealing with Wall
Street speculation and the use of cam
paign funds for that purpose.
There are many who predict that the
fate OF Sulzer rests upon the ruling on
that point Should he lose. and the
court hold that though committed prior
TO taking Office, these offenses are, new
ertheless impeachable, there is little
doubt that Sulzer will be removed from
office.
Should it be held that these charges
are improper and that an official can
only be removed for high crimes and
misdemeanors committed while in Of
fee, the effect Will be twofold.
1t will eliminate the necessity OF
Mrs. Sulzer taking the stand. and ad-
NIT TO the world that she signed her
husbands name to campaign checks
and squandered the money in Wall
Street.
Far-RcachinE Effect.
1t will also have the far-reaching
effect of eliminating all but the plainly
political charges against Sulzer. Under
the rules of evidence, it will be impos-
sible to introduce evidence that his
attitude toward the Stock Exchange
legislation was prompted by private
interest He cannot be charged either
with having advised Colwcll, the wit
ness called by the Frawley committee
to leave the State. Colwelrs connec-
tion was with these campaign fund
transactions.
Victory on this point which will be
Fought out Tuesday and Wednesday
would practically narrow the impeach-
ment down to charge OF coercing leg
islators.
Il have great confidence that the
court will uphold our argument" said
point for the defense IF the three
articles relating to alleged acts COM
mitted before Mr.. SulZer became Cover
very little left of the case. 1t would
days"
Lay members of the court are be-
bles. They believe the trial should
be stripped of all techpicalitics and
lega! evasions. and made straight
Subpoenas have been issued for lead
They will be questioned about contri-
buttons to the Sulzer campaign fund IL
their evidence is admitted.
breaches Subject.
,,Ift HeV. robert Graves, OF the Albany
Unitarian Church. where sulzer occa-
ea 9a He IA urphS ana te
Robin Hood and Dick Turpin.
reconvene at ] o'clock Tomorrow af-
ternoon, at which time Louis Marshall
will continue his argument that the
legal. His argument will he answered
by Alton B. Parker.
Murphy May DC Called.
Charles W. Murphy. leader Of Tam
cuses of having instigated his impeach-
mont, will be forced to take the wit