Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-10-02
Defense
IN SULzER
CASE
the SUDDEN CLOSING or CASE OF
BOARD OF MANAGERS SURPRISES
SUFFERS COUNSEL, WHO WANT
MORE TIME TO PREPARE THEIR
DEFENSE.
ASK THAT MUCH
TESTIMONY Be EXCLUDED

Albany. n. Y, Oct. Final plans
for the defense in the Sulzer impeach'
nlent case were drawn today in long
conference between attorneys and the
governor. Following their rule, the
LAWYERS made no statements, but 1t
was believed their first step would be
,o ask for a ruling from the court on
two things, the constitutionality Of ar
ticles one two and six and whether
the application to private uses or
funds given without restriction consti'
tuted larceny. If the court ruled taV-
orably to the defense in the nrst OF
these questions, it was generally ad
nitted that the case practically would
be at an end. Most of the board OF
managers case was built on these
three articles.
The question of larceny also was
hie one. for, with a few EXCEPTIONS
contributors whose gifts were not ac'
counted for in the governors CAM
raien statement testified that they had
not specified what use the governor
should make Of the money they gave
him.
The sudden closing of the case OIL
the board of managers yesterday came
as a surprise to the defense and found
item unprepared for opening thelr
case Doubt was expressed if the gov
ernor's side of the case would get un'
der way until next week.
At all events, it was planned TO ASK
for an adjournment until Monday.
| Isidor ]. Kriegel, of counsel for the
as sembly managers, read statement
Al the impeachment trial of Cover
nor Sulzer this afternoon absolVlng
tie New York brokerage firm or Har'
rir and Fuller of any attempt 10
change their books in order to protect
the governor The statement, MI
Kreisel said, was made gladly on the
mart of counsel for the managers, IN
order to remove anw mlsconcep'oh
| that NAV have been created by the
attitude of the managers attorneys
I AT the trial on Tuesday, Attorney
Kreisel placed considerable emphasis
on an entry in the firms books when
recorded loan to the governor. Mr.
Fuller took offense at the questioning
of the entry and demanded an
apology
Mr.. Kreisels statement preceded
various motions made by counsel for
the governor to strike out certain tes
i timony.
The first motion had to do with the
iutroduction of testimony OF Louis A.
Sarecky, the governors confidential
secretary, taken before the frawlev
committee. This was testified 10 ps
the stenographer who reported II. MT
Fox contended that the stenographer
testimony was hearsay. -,
Judge Cullen held that the tesu
nony was hearsay and would go out
The next motion was to strike out GER
tain testimony of J. B. Gray, the Wai
street broker. in regard to a conversa
ticn he had with F. s. Colwell, the
governors alleged Wall street agent.
.mdge Cullen ruled that the testl
niony would stand.
AS the Sulzer attorneys were aDou'
to move to strike out parts or the I'm
neachment on the ground that the
charges we're improved, Judge Cutler
said:
81 shall hold that all motions IN
yolving the probative force OF coillpe
tent evidence must be left until the
final submission of the case
Attorney Fox then declared he ma.
intended to move to strike out ar1l
cles 9, 4, 5, Z and 8 on the grouno
that the Testimony concerning then
is not worthy of consideration
However, he said he would bow tt
the ruling of the presiding judge pu
requested the privilege of making the
motions later if necessary.
Judge Herrick then announced ina
counsel for the governor were not pre-
pared to go on with the case and ask
ed for adjournment until Monday ait
ernoon. 1--WE are in no condition U
go on with the case at this time" NJ
said. "My associate, Mr.. Hinman, wh'
iq to open the case, has broken down
If we adjourn until Monday, only fou
hours will be lost and can assure TN
court that we can use that time 81
, profitably that the case will be short
ened. The witness with whom we IN
tend to lead off is not here
Motion was then put and carried u
adjourn the case until Monday after
noon at 9 o'clock.