New-York tribune., 1913-09-22
SULzER MAY FORCE
MURPHY TO TESTIFY
Continued from first page.
IN explanation in open court by tn
Governor.
Cross Feared.

| The one tnlnR lndt tHey lear 10 tHe
grilling cross-examination that IL sure
to follow from such able questioners
of witnesses as John B. Stanchfield,
one of the attorneys for the prosecu-
ton.
D-Cady Heprick. before going TO the
Executive mansion, set at rest the ex-
lpectations of many that Governor Sui
zer after the taking Of testimony
lbegins. would sit with his counsel
throughout the trial
"If Governor Sulzer appears In this
trial at ALL" he said, lit will be merely
as a witness"
This is taken 10 mean that the Gov
lernor will not appear with his coun-
sci as defendant. as in the case OF
an ordinary court procedure.
Have you yet decided to permit the
Governor TO 20 on the witness stand?"
THAT question will be taken UP
later" he said.
What are the possibilities Of Mrs.
Sulzer being called as witness" he
was asked.
That will depend upon the develop
ments OF the trial"
The testimony that Mrs. Sulzer is ex-
pected TO give II she goes on the stand
is that she is responsible for the stock
speculations OF which the Assembly
board OF managers has accused the
Governor. While some of the advisers
Of the Governor still have hope that
the contention Of Louis Marshall. that
the impeachment OF Goyeror Sulzer
was Illegal. will be upheld. thereby end
ing the Court Of Impeachment. they are
already beginning their preparations in
case OF an adverse decision.
In that event the taking OF testimony
Will probably begin on Wednesday or
Thursday. II the court decides this
question adversely II will then be called
upon by the Sulzer lawyers TO throw
out three Of the articles OF impeach-
ment which had TO do with actions OF
Mr.. Sulzer before he became Governor.
The Assembly will make another e.
fort on Thursday night TO adopt add
tional articles OF impeachment. having
failed last Friday night because OF the
lack Of one vote. Such action may de-
lay the trial, In case counsel for the
Governor demand twenty days to re-
ply.
Late tonight word was sent to Gov
! ernor Sulzer asking him If he wished
TO make any statement as a result OF
the conference. He replied that he
would say nothing.
Members Of his legal staff also re-
fused to make statements.
Senators Pay in Doubt.
The question as TO what will be the
pay OF the Senator'S sitting in the Court
of Impeachment has not yet been de-
cided. II had been contended that they
should be compensated at the same
rate as the judges of the Court Of APP
peals, with whom they are on equal
footing as members OF the Impeach-
ment Court. The pay OF the judges
amounts TO $40 n day. Others con-
tend that the Senator'S should get only
their regular pay. which is $40 a day.
Attorney General Carmody. to whom
the matter was submitted. refused to
make an opinion. saying that the court
itself should decide.
The Governors attorneys will return to
court when 1t convenes tomorrow after
noon at 2 clock to continue their legal
nght started Friday by Attorney Louis
| Marshall. Marshall was arguing ON the
three objections raised by the Governor
against the legality Of the Impeachment
charges.
The taking Of evidence for the prosecu-
tion is expected to begin on Wednesday,
but the Initial testimony will probably be
| perfunctory in character. Conforming to
the rules of evidence. It will be first nee
essary. according to counsel, to place
! witnesses on the stand to prove that
William Sulzer was elected and sworn
| into office as Governor-the corpus de-
| licti. as one attorney described 1t.
| Attorneys representing James A. Garri-
son, the personal friend OF Governor Sui
zer and former graft investigator, were
to-day busy trying to obtain bonds for
him In order that he may be present at
the hearing In Troy tomorrow.
| As a result OF the difficulty in obtaining
bond for Garrison. bill probably will be
introduced at the next session Of the
Legislature providing for repeal Of the
law making such a bond necessary. Sena-
tor Wende. OF Buffalo, to-day said he