New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-19
Chief Executive Accused Now
Of Usurpation of Functions of
Office and Impeachment
Articles Are To Be
Amended Also.
LEVY IN FIGHTING MOOD
Sergeant-at-Arms Sent Out to Round
Up Missing Members-Two Re-
publicans Subpenaed to
Testify Seek to Avoid
Sitting as Judges.

OltClNg as Judges.
tFrorn A stan Correspondent OF The Tribune
Albany. Sept 10 (Friday).-As a
climax TO the beginning Of the trial Of
Governor Sulzer by the High Court Of
Impeachment the Assembly at an
early hour this morning sent James
G. Garrison, a recalcitrant witness. aid
to John A. Hennessy, to the Albany
County Penitentiary.
When the Assembly voted, 50 to TO-
TO arraign Garrison before the bar OF
the House the resolution, which was
introduced by the majority leader.
Aaron j. Levy. was bitterly debated by
the few SuIzer supporters present. but
the Tammany machine had the votes.
Garrison was charged with having
refused to testify before the judiciary
Committee with relation 10 the charge
previously made by Garrison that the
votes Of four Assembymen had been
bought for the impeachment resolu-
ton.
Refuses to Answer
Arraigned before the bar Of the
House, Garrison was addressed by
Speaker Alfred T. Smith. who told him
that he thought the whole matter could
be settled II he. Garrison. would answer
one question.
That question is" said Smith, did
you say to any one that 20 your knowl-
edge votes were purchased for the i'm
peachment resolution"
Garrison hesitated an instant and
then replied slowly:
Il am sorrt to say have no answer
to make to that question at this time"
Smith wasted no more words in any
endeavor to smooth the matter over.
but said:
rs that your answer" Garrison
simply nodded his head.
This question can be answered Yes
or No." Smith persisted, but Gar
rison would only say that he must de-
cline to answer any question until he
had the advice of counsel.
There was a loud grumble Of disap-
proval from the members, and Smith
tried a final effort.
Perhaps the gentleman does not
understand his position. He can clear
himself very easily
Sent to Penitentiary.
Garrison cleared his throat a minute
and then with a final defiance said;
II think the question here is for the
Assembly 20 clear itself, not Cor me "
The Speaker pounded his gavel, and
Levy mo that Garrison be held in
the custody of the sergeant-at-arms,
Lee F. Belts, awaiting the action Of
the House.
That was carried by a viva voce
vote, and as Belts took Garrison -
charge Levy rushed up and said TO the
sergeant-at
Take him out of here. take him to
the Albany County penitentiary."
Garrison could have escaped the i'm
position of any penalty from all ap-
pearances had he chosen 10 answer the
Speakers question, but his final de-
fance accomplished his own defeat.
1t is possible that after he has con-
| suited with counsel he will decide TO
answer, but if this decision comes
after the adjournment of this extra
session the consensus of opinion Of the
lawyers in the Assembly is that he
cannot get out of Jail until the new
Assembly is organized.
Albany. Sept. 1S.-Following the or
ganization of the High Court Of I'M
parchment 10 try Governor Sulzer on
charges of perjury and theft, II came
to light tonight that two OF the most
| important witnesses were missing.
These are Louis A. Sarecky, who. as
Suffers secretary. handled the Sulzer
campaign fund, and Frederick Colwell,
the broker who paid for certain stock
deals in Wall Street with checks drawn
TO the order of William Sulzer and al
| legged 10 have been given to the candi-
date for Governor as campaign con-
tributions.
Aaron J. Levy, chairman Of the
board Of impeachment managers, said
| tonight that agents had been unsuc-
! cessfully searching for Sarecky for
| several days. He said that nobody
knew where the Sulzer man was. unless
the Sulzer people did.
THE last we heard of him." said
Levy, "he went to Buffalo on Monday
night with John A Hennessy. We are
inclined TO believe that he slipped
| across the border into Canada"
| Warrants for the arrest of Sarecky
and Colweil, issued by the Assembly
| following their refusal to testify. are
| still waiting to be served
Sarecky was around this city recently