The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-09-20
|SULzER DEFENSE
GIVEN BLOW BY !:
COURTS RULING
Oh allen G. ed Senators
Are Seated by Unani- {.
nous Vote.
OBJECTIONS FORM
BASE OF DEFENSE
Now Apparent That Governor
and His Attorneys Are Deter
| mined to Fight 1t Out to
End-Sulzer Recognizes
Glynn as Acting
Governor.
Especial to The rimes-DispatchJ ]

=
Albany, y. Y. September l9-Gov-
ernor William Suffers first line of de-
tense in the impeachment charges
against him was utterly splintered to-
day by unanimous vote Of the high
court of impeachment to admit as mem
bers Of the court Senators Wagner.
F'rawley Sanner and Ramsperger,
whom his counsel had challenged The
vote followed a decided opinion from
Presiding Judge Cullen that the chal-
lenged judges must sit
The subsequent lines of defense by
the Governor are:
FIRST. The contention that the high
court is without jurisdiction, because
the Assembly had no right to impeach
The fight on this was begun with n
two-hour argument by Louis Marshall.
Tor the Governor, which will be con-
tinued on reconvcninE at o'clock
Tuesday afternoon
Second. That the acts of the Governor
cited in the articles do not constitute
cause for impeachment. This conten-
ton, which will be argued for Sulyer
by Austen G. Fox, is based on the as
sertion that whatever NAL and corrupt
conduct Sulzcr may have committed
was committed before he became Gov
ernor.
Ihird That the articles of impeach-
ment are defective in form. Every ar
ticle Will be attacked separately in the
legal skirmish over this allegations
Fourth. y straight out and out fight
on the facts as charged in the indict-
ment with scores of witnesses and
masses OF evidence on both sides.
VIII Fight to End.
1t is certain that the Governor and
his lawyers intend now to fight to the
end But their greatest hope is clear
~ based on their belief in their abil-
ity by raising technical objections to
have the bill of impeachment dis
missed. and to save the Goverhor--frpm
the humiliation of an actual trial The
fact that on two points Suffers law
ycrs occupied three hours of TO days
session proves how savagely they pro-
pose to fight before they submit their
case on the facts.
In view of the plain intention of the
defense to make the fight on technicaii-
ties. the highest Importance is attached
10 statement made from the bench
by President Cullen whose Will thus
far has been impressed on the court as
the ultimate law. He said:
or course this court is not. sex
pected to proceed with the technical
attitude which is required in ordinary
litigation"
Garrison Put in Penitcutinry.
While the Numbering guns of oratory
told every one within Il block of the
Capitol that the battle for the Cover
nors political life had begun, several
other things with Il marked bearing
on the situation We're happening.
First James g. Garrison, arrested
early this morning for contempt of the
Legislature. was taken from easeful
quarters anu put in solitary contine-
ment in Il cell in the Albany County
instance of Assembly leaders. who
heard that Garrison was living much
as Banker Robin lived in the Tombs.
When Mr.. Sulzer heard that Garri-
son. his stanchest supporter, was in
the penitentary he said:
TOO bad, Tell him to come and see
me when they let him out"
SuIIer Acknowledges Glynn.
The second event OF moment was a
letter to Acting Governor Glynn from
Suffers secretary which recognized
Glynn's authority to act as Governor,
and submitted eNtradition matters for
the Acting Governors signature This
is the first time that SulZer. by word
or intimation, has shown lack of be-
lief in his power 70 act as Governor
of the state
The plan to amend the articles OF
impeachment and add three new
charges was abandoned by the Assem-
bly, leaders tonight. after almost
continuous effort OF forty eight hours
TO get the necessary vote.
Only one vote was lacking, and
score or more members served no.
tice on Levy aud the Speaker that they
would not remain in session another
night II forced TO do so they threat
ened to break away froni the organiZa-
tion and vote against the impeach-
ment managers. AZ hurried meeting
of the board OF managers it was
decided to put of the amendments un-
til Thursday. BY that time the trial
will he we'll under way, and il will be
too late to add the new charges.
Presiding Judge Takes Charge.
Although such legal heaNyweghts as
Alton Il. Parker, for the prosecutions;
or D. Cady Hcrrick and Louis Marshall.
for the defense. took wordy part In
the big fight in the high court to-day.
the presiding judge with a few words
took charge OF the situation, and di-
rected II in tho businesslike fashion
with which the trial was began
The disposition of some of the mem
bers of the court to go into executive
session and abate the first question
raised. the effect of the admission OF
the challenged Senator's. came to an
end when Justice Cullen observed:
The presiding judge is of the opir-
ion that this matter should be deter
mined now, but ii my brothers of tho
court want TO consider that of course.
they may adjourn 70 do so at their
pleasure. II no such request Is made
wa will proceed with the disposition OF
the case now before US
No such request was made, and the
vote showed no vote that dissented
from the opinion of the presiding
Judge.
Senator's Not Excluded. n
The motion to exclude Wagner was
based on the contention that he would 3
benefit by the impeachment by becom-
ing Lieutenant Governor In the event
,,f C,trar'u rapnroI vuIa<,.f 10 !.