The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-10-13
Upon This Phrase Man
ayers Base Hope of
Conviction.
FATE OF ACCUSED
HANGS IN BALANCE
High Court of Impeachment Will
Meet This Afternoon in Secret
Deliberation, but Improba-
BILE That Verdict Will
Be Known Before
Tuesday.

Albany. n. Y, October 12.--Thrce
words-"And all others"-will play an
important part In the secret delibera-
tions Of the high court OF impeach-
ment, which meets at 2:3o o'clock to-
morrow afternoon 10 decide the fate
OF William sulzer. It is upon this
phrase. found in the fourth article of
impeachment that the Assembly man
ayers base their hope of conviction in
case the court decides the offenses
against the corrupt practices act do
not constitute Improbable acts be-
cause committed before Sulzer actually
took office.
These three words make relevant to
one of the crimes charged in the i'm
peachment the testimony of Duncan w.
Peck and Jacob II. Schiff. that Sulzer
sought to influence their testimony
before the Frawley committee.
But for these three words, there
would not be before the court one
scintilla OF proof that. during his term
of office. SulZer had committed any OF
the offenses charged In the articles
OF Impeachment on which he has been
tried.
There is, of course. abundant and un-
contested proof of three charges Of
larceny, perjury and violation of the
corrupt practice act in relation TO the
collection and misuse of campaign
funds. Should the court decide to re-
ject this testimony on the grounds
that IL does not constitute NAL and
corrupt conduct In office. the whole case
must stand or fall on these three
words-"And all others"
To Prevent Testimony.
The. fourth article OF Impeachment
Charges that Sulzer violated the penal
Code in attempting to prevent Sarecky
Colwell and Melville Il. Fuller ''and
all others" from testifying before the
Frawley committee. There is no sub
stantial proof of this accusation SO far
as IL applies to Sarccky. Colwell and
Fuller. But coming within the blanket
accusation and all others are the
stories OF Schiff and Peck
Sulzer and his former law partner,
Frankenstein, were the only persons
who could contradict the testimony OF
these two witnesses. They did not
take the stand. SO il now stands be-
fore the court unchallenged that Sui
zer attempted to suborn perjury. When
Peck came TO him and told him he had
received q letter directing his attend
ance before the Frawley committee TO
tell of $500 campaign contribution
TO Sdlzer, the Governor said:
DO as ! shall; deny IT."
But Peck suggested that he would
be under oath, to which Sulzer
piled:
That's nothing; forget it."
Schin said that when the Frawley
committee first began the inquiry
Frakenstein came to him and said that
SulZer was willing TO return his s2500
contribution il there was any misun-
derstanding about 1t.
Verdict on Tuesday.
1t is improbable that the imeach-
ri lN.. lS lief
Tuesday afternoon. The judges of the
Court of Appeals and many of the law
yers in the Senate have prepared opin
ions on the various points at issue
At the Monday session tho question
of Articles /, and 8, the campaign
fund articles. will he decided. Next
the question of the guilt or innoncence
Of the accused and bearing directly
upon it this question is the most inn
portant to be decided. Should the ar
ticles be retained there can be one re-
suit. Should the court deem that inn
peachable acts are not charged, the
three word phrase of Article will
then become the big issue.
On Tuesday the court will take up
one by one the articles of impeachment
IS they stand after taking the vote on
Monday. Each article Will be debated
and voted upon separately
After all the articles have been dis
posed of, il the respondent has been
edjudged guilty of any one. the Ques-
tion which will next come before the
court will be whether he shall be re-
moved from office and forever dis
qualified from holding any position OF
trust or honor in the State. 1t has not
been decided whether these questions
will be voted on jointly or divided.
Thirteen Is Prominent
A singular coincidence is thatNJudge
Cullen, who Sulzer hopes vii lbe with
him. and upon whose influences he
bases his hopes. is No. 13 on the roll
call. Thirteen has played a prominent
Iart throughout this proceeding. Sui
zers campaign statement was filed on
November 13. he waa impeached q 13
minutes after o'cloSi on the morning
of August 13. The vote on the inn
peachability OF three articles of chief
importance will be taken on October
Is. and the man who wields the great
est power in the court Is the thirteenth
OH the roll call.
Senator Abraham J. Palmer, who has
been counted among the list OF Sulzer
men, denied Il report that when he
comes to Albany tomorrow he VIII
go to Sulzer and urge him to ask that
the case be reopened SO that he can
take the stand. Senator Palmer talked
over the long distance telephone from
his home at Milton. He said:
II shall make no such request OF
Governor Sulzer. So far as I am con-
cerned the case Is closed. have not
seen or talked with the Governor since
tho day before he was impeached.
Senator palmer is greatly dlsap-
nointed that both Sulzer and his wife
did not take the stand. He has said
that they are the only persona who
know the whole truth, and they should
tell 1t to the court. Members OF the
court declared that even at this late
date they would be willing TO amend
the rules and reopen the case should