The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-08-14
ARMED GUARDS HOLD
EXECUTIVE CHAMBER
Sulzer Is Determined to Con-
tinue Exercising Functions
as Governor.
P. c. KNOX TO DEFEND HIM
Glynn May Act as Governor
in His Own Office
in Capitol.
P. c. KNOX TO DEFEND HIM

ALBANY. Aug. 13.-William Sulzer. i'm.
peached by the Assembly at t:l5 o'clock
| this morning. when the windows Of the
Capitol were rejecting the sun. OF a new
day. Theoretically ceased to be Governor
at 40 o'clock this afternoon when the
articles that constitute his indictment
were accepted by the Senste and his trial
was set for September 10.
Actually the Governors diaposse ssion
Ing Deferring to the opinion Of some Of
their advisers that the act Of impeachment
is not complete until the summons and
complaint are served on the accused the
managers Of this unprecedented under.
taking are allowing Mr.. Sul.er to con.
Cabe. clerk Of the Senate. tries to hand
him the papers at II o'clock in the
morning. From that moment the acting
Governor Of New York will be Lieut.. Gov.
Martin II. Giynn.
The phase tries to hand him the
papers is used because MIR. Sulzer may
refuse to accept them or even to see Mr..
McCabe. For the impeached Governor in
tends TO night not only for the establish
ment Of his innocence but to press by
every means he and his lawyers can think
OF his contention that his Impeachment Is
unconstitutional and that therefore he
cannot be replaced by Mr. Glynn.
xsIs~r with IIis Lawyers.
The lawyers who talked with Mr. Sui
ger In his private Office in the Peoples
House tonight were Louis Marshall.
Irving G. vann OF Syracuse. ex-Judge of
the Court Of Appeals: D.Csdy Eerrick
and ex-senator Harvey ID. IRnman OF
BlnGhamton.
II In expected that Judge vann will
be chief counsel for Mr.. Sulzer at the
trial.
Mr.. Sulzer reviewed the whole situation
with these advisers and told them that
he was innocent Of the charges upon
which he was impeached. lie said he had
no knowledge Of the stock transactions
and that his denial Of last Sunday was
the truth. lie insisted that he never
heard OF the financial operations to which
his wife has confessed until testimony
abQnt them was heard by the Frawiey
committee
The Governor also told the lawyers
with great emphasis that Mrs. sulzcr
must not he allowed to 20 on the stand
at the trial or In any other way hgure
further In the case. He insisted that tn"
hght be- made on legal and constitutional
grounds alone.
II was made clear from reports Of to-
nights conference that the Governors
inclination to begin his contest by re-
fusing TO accept service OF the articles OF
Impeachment was not as strong a. II had
been.
His friends said At midnight that Pat
rick Il. McCabs would be cordially
greeted when he called with the papers
at II o'clock tomorrow morning. Ap-
parsntly Mr.. Sulzer's advisers have con-
WINGED him that he should rely on setting
aside his impeachment In the courts or
proving his innocence II the case comes TO
trial. But he will still insist that he Is
Governor and that Glynn has no right to
the seat.
p. G. Ksox Retsined.
Gov. sulser has formally retained for
mer Secretary OF State Philander c.
Knox. ex-Gtate Senator Harvey w. Hin
man Of Binghamton former Judge Ir.
wing @. vann Of the Court Of Appeals
and James Gay Gordon Of Philadelphia
to defend him ut the impeachment trial.
This array Of counsel was secured for
the Governor by D.-Cady Herrick OF
Albany. who ID chief counsel.
The conference At the Peoples House
was still going on at midnight II prom
ised to last for two hours more. Each
participant was pledged to secrecy The
Governor himself has been muffled BY
his advisers. and to-day there Was abso-
iutsly no hint from him - to what bis
course would -.
The nearest approach to this was .