Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-02
SUI zERNOT READY
.TOBEG|N DEFENSE
His Counsel Expected to Seek
Continuance Of the Case
Until Next Week.
TO ASK FOR A RULING
ON THREE OF ARTICLES
Decision Favorable to Governor, It Is
Believed, Would Practically
Terminates the Trial.

ALBANY, N. T., October 2-here was
no morning session Of the 9ulzer i'm
parchment trial today. and this gave
everybody connected with the case, ex-
oept the governors attorneys. a chance
to discuss and speculate on his probable
defense.
The final plans Of the Sulzer attorneys
wore drawn in q long conference with the
governor at the Peoples House. this
morning. Following out their rule
which they have stood by drmly-they
made no statements. It was believed that
their first step would be to ask for q rul-
ing from the court on two things-the
oonstitutionality OF articles one, two and
six and whether the application to pri-
vate uses Of funds given without restric-
ton constituted larceny.
II the court ruled favorably to the do
Tense ON the first Of these questions II
was generally admitted the case practl-
caily would be at an end. Most OF the
board Of managers case was built on
these three articles.
Larceny Important Question.
The question Of larceny also was 8
big one, for. with a few exceptions
contributors whose gifts were not 40
counted for in the governors campaign
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 OF tne
board OF managers yesterday came q!
q surprise to the defense and FOUND
them unprepared for opening theil
case Senator Harvey D. Hinman. VINO
had been selected to open the case fol
nt43
opening statement this morning and
he did not know when he would be
able to finish 1t. Doubt was expressed
II the governors side of the case wouic
get under way until next week. At al
events 1t was planned to ask for ar
adjournment until Monday.
What effect the belated arrival OF
Lieut.. Commander l. M. Josephthal
would have on the case Of the defense
was a subject OF much speculation.
Favorable to Governor.
Immediately ON reaching here he wen,
into conference with the governor al
the executive mansion. Josephthal re-
fused to discuss what the nature Of his
testimony would be. but reiterated his
statement that it would be favorable
to the defendant
It IL expected the first witness for the
defense win be Louis A. Sareclky. the
governors campaign secretary, whom
counsel for the impeachment managers
failed to put on the stand, although he
was under subpoena Sarecky' Endorsed
many Of the checks given to Sulzer dur.
ing his campaign which were not re-.
ported in his sworn statement OF cam
paign contributions.
Both the governor and Mrs. sulxer, II
1s believed, will take the stand before
the defense closes.
The governor will defend his failur,
to report the numerous contribution
he received on the ground that they
were personal gifts. It Is believed.
Mrs. Suffers Testimony.
Mrs Sulzer, 1t IL said. will defend tn,
governors alleged speculative transac.
lions in Wall street with testimony t
show that they were conduct3d for he,
account She Is expected to tell thu
story Of the loan she is said to have
contracted with the Carnegie Trus,
Company and to seek to prove that fol
tho sole purpose Of paying the loaI
the governor borrowed from the stock
exchange firm of Harris & Fuller OF
securities owned by her.
When Fred L. Colwell, the governor
alleged agent in his Wall street trans.
actions, will be called was a subjec,
Of much speculation. His whereabouts
have been known to the governors
attorneys, but they have declined tc
produce him unless It was stipulated
that he would not be placed under ar
rest for refusing to- obey subpoena
Of the Frawley investigating COM
mtttee.
rhinlr mh ov,va Mada Case