The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-24
Counsel Announces He Has
Abandoned Executive
Functions.
WHOLE DAY OF ARGUMENT
Sixty Witnesses for Assembly
Managers Will Take Week
in Testifying. !

ALBANY, Sept. 23.-Unless the impsach- $
ment court sustains to-dsy's contention
of william Sulzer's impassioned defend
ers that he cannot be tried for offences
Jacob II. Schiff Of New York will take
the stand tomorrow afternoon a. the
first witness for the prosecution.
He will testify that on October IL,
1912. he gave Mr.. Sulzer a campaign
check for $2,50O which the candidate did
not mention In his sworn statement.
As to whether or not the court will
vote to quash the most important accu-
sations Of the impeachment managers by
striking out the three articles relating
to campaign money and falsifyinE a cam
paign statement as demanded by Gov.
Sulxer's lawyers to-day. no one can pre-
dict.
The situation is peculiar. for as Elihu
Root. Jr. pointed out in a memorandum
submitted for Gov. Sulzer to-day there has
never been an attempt In this country
to impeach an officer for acts done by him
while he held no office. There Is there
fore no authority on this point arising
In a case Of impeachment.
The case OF Judge Barnard, who was
impeached in his second term on the
bench for misconduct in his first term. is
tho nearest approach to a precedent that
anybody has found. So rs to precedent
the court has no light Of experience to
guide It in to-morrow's solemn decision.
The result is more uncertain than was
that of the constitutional conflict as to
the validity Of the impea chment which
the court decided against Mr.. Sulzer last
night.
when the court IL reconvened at 10
o'clock tomorrow morning Austen q.
Fox of New York will resume his argu-
ment. begun late this afternoon. for elim>
nation OF impeachment articles |, AMI
6. He will talk about an hour.
That will end the ardent and exhaust
i've debate which was waged to-day by
D-Cady Herrick, Irving q. Nann and
Mr.. Fox for Gov. SuIzer and by Edgar
T. Bracket Alton Il. Parker and Tsidor
Kresel for the Impeachment managers.
Court to Vote To-day.
Then the court will take u vote. pre-
c.ded by what promises to he at least AN
hour Of discussion.
II the articles objected to by Gov Sui
ger are not expuneed 10y this vote Eugere
Lamb Richards will open the real trial
with speech for the prosecution. Be-
fore the first witness as to Gov. Suffers
high crimes and misdemcanors" can he
heard there must first appear formal
proof, demanded by the supreme Court
rules which govern this high court. that
the charges were made in proper form.
Secretary of State Mitchell May will he
called for formal Acknowledgements that
William Sulzer was nominated and elected
and swore TO a statement Of his campaign
receipts and expenditures.
Alfred T. Smith, Speaker of the Assem-
bk, will swear that the Impeachment
articles were adopted. Robert +. WaG-
ner, President pro tenn Of the Senate, viii
attest iha, the articles were presented 10
him. and Patrick T.. McCahc. clerk OF the
Senate. will testify. that he served the
articles on GOV. Suzer.
All this will he done quickly. The I'M
eachment managers will then cal Mr.
Schiff the first witness "as To the facts"
The next two will he Abram /. Elkus.
who according to Frawley committee tes.
t!mony contributed $500 for Mr.. Sulzer's
and Henry Morcenthau. WIN
pave 81 00o
More Tina" sixty Witnesses.
Isidor Krcsel who will manage the d.
reef examination for the prosecution said
to.pivh, that he had more than s,x,v wit,
nesses. and It would take at least IA week
to hear them.
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