New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-11-04
BACKS UP ON MOVE
TO |ND|CT SULZER
Senator McCIeIIand Admits His
Threat of Prosecution Is
Without Basis.
STANDS PAT AT FIRST
Quickly Reverses Himself When
Confronted with James w.
Osborne's Denial He's
Delving Into Case.

Senator James d. McClelland, OF Tam"
many Hall. counsel for ex-senator Ste
phen ]. Stilwell, repudiated yesterday MS
threat made on Sunday night in state
ment from Mccall headquarters that
Sens would be taken this week to OBTAIN
an indictment for perjury against william
Sulzer through the District Attorney OF
Albany County.
The Senator said yesterday that the
only question was whether Sulzer "ouiu
be proceeded against under Section ol9 or
sl4 of the Penal Code He added:
81 have Just had a conference WIN
James ". Osborne and Arthur w. war
ner. and we discussed 1t all.
He then went on to explain that the
charge would be attempted subornatloii
OF perjury, and not perjury, and that
would be based on the testimony OF Dun
can W. Peck before the High Court Oh
Impeachment. Senator McCleliand also
devoted some time TO explaining all that
took place, as he understood IT, oet"e'"
Peck and SulZer.
According to Senator McClelland' MI
Osborne. acting under the ATTORNEY Oe"
eral would also delve into the question as
TO whether or not Sulzer, while Governor
had not been guilty of abuse or MISUSE
OF power I'm installing detectaphohes III
Sing Sing and at the Peoples House
Are YOU, as Senator Stilwells counsel
taking the initiative I'm this prosecution
Of ex. Governor Sulzcr?' he was asked.
"No" said Senator McClelland. MI.
Osborne is
After the three reporters left Senator
MeCIelland's Office they repaired TO t''
nearest telephone, which was on the
ground floor OF the building. The reporter
for The Tribune. as spokesman Tor All
three. called up Mr.. osborne and tolu MN
what senator McClelland had said
II Senator McClelland said that saiu
Mr. osborne. 'he must be In his dotage
I have no intention OF prosecuting SulZer
or trying 10 indict him or anything e'Se'
I have as much thought OF looking Tor
evidence along those lines az nave OF
diving And you cannot make TINS too
strong Senator McClelland may nave
been telling you what he has In MIND out
we have no thought Of prosecuting GOV
ernor Sulzer."
Mr. osborne explained that he and MI
Warner were merely trying TO get al the
truth Of the Stilwcl matter.
Attorney General Carmody," said Mr..
Osborne. told us 10 get at the truth IN
this Stnwcll imbroglio. regardless OF whom
IL hits. And that is what we are doing.
He called Mr. Warner who was IN MS
Office. 10 the telephone and he suostan-
tiateC all Mr.. Osborne had said. lie said
he saw Stilwell on sunday and had long
conference with him Senator McClelland
was with him, he said.
Returning TO the sanCtum OF Senator
McCleIland. the reporters repeated to him
Mr.. Osborne's out-and-out reputation OF
what he had said Mr.. McClelland re-
piled
Mr. Osborne is right"
When the reporters recalled some OF the
things he had said TO them a few minutes
before Senator McCleland, without
blush. denied them all.
THE statement published in this morn
ing's papers as coming from you, In when
II was said that indictment proceedings
against Sulzer would be started this week
is without any basis or foundation. Is
that sou he was asked.
YES. that is So" said Senator McClel-
land.
lie then FASTENED 10 explain that what
he had tried to convey was that SulZer
ought to be indicted and would be II the
courts and grand juries did their duty.
Earlier i'm the day Mr.. Warner said:
mir Osborne and myself have been In
conference with the Attorney General
number Of times in the past week. and
the result is that we have been retained
10 determine the truth OF the recent state
ments.
"a special grand jury may be called,
but regarding the plan and scope Of the
work we are not in position 10 make pub
lie any facts"