Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-18
SUFFERS TRIAL 4
IN EACHMENT /
COURT IS BEGUN
Frawley, Who Accused Covers
nor, Is Sworn in as a
Judge.
IMPEACHED EXECUTIVE
NOT TO APPEAR IN PERSON
Hour Required for Administers
ing Oaths, Court Then Ad-
journs Till Tomorrow.

ALBANY. \. Y. Sept 1s = The
high court for the trial of the i'm
peachment Of William sulzer. gov
ernor of New York State, held its
first session today. Organization was
perfected and adjournment was taken
until tomorrow morning in order to
permit the drafting Of rules and
methods Of procedure to be followed
during the remainder OF the trial
As had been expected, counsel for
the impeached executive objected 20
the senators who served on the Fraw-
ley committee. which unearthed much
of the evidence resulting in the i'm
peachment, sitting in judgment upon
the governor. They also objected TO
Senator Wagner. acting lieutenant-
governor, becoming a member of the
court. Notwithstanding these objee-
tions the senator's were sworn in.
Chief Judge Cullen announcing the
points raised would be considered
later
II was also determined that Judges
Miller. Chase, Hiscock, three appoint
ed members of the Court of Appeals,
would be permitted to serve on the
high court along with the elected
judges and the members of the SEN
ate.
Governor Not Present.
Governor Sulzer was not in The
courtroom. When he was called TO
answer the charges preferred by the
Assembly, Judge d. Cady Herrick,
his chief counsel, announced that II
was the governors desire not to ap-
pear in person, but to be represented
by his attorneys.
All but one OF the forty sena-
tors-John c. Fitzgerald. of New
York answered to their names as
the roll was called by Senate Clerk
Patrick E. McCabe. Senator F'itz-
gerald is i'll.
The senator's appointed a commit
tee Of two to notify the Court Of Ap-
peals that the Senate was ready 70
join with them in completing the
court for the trial of the impeaeh-
ment of William Sulzer."
There was a two-minute silent wai..
Then at 12:02 o'clock the doors opened
and the judges. nine in number. clad
in their sombre judicial robes. fled
solenaly into the chamber.
Senators Rise as Judges Enter.
Senators and spectators rose and
remained standing while the acting
lieutenant-gov welcomed the
I. d
the dais and presented with the gavsl,
which he brought down soiemnly. de-
claring the court convened. Judge
Cullen announced that the first busi-
ness of the court would be TO call the
roll to determine if there was a ma
jority present. Judge Gray, who is
abroad. was the only one who did not
respond to his Names
The oath of office was then admin
istered by Clerk McCabe TO the pre-
siding chief Judge.
After the roll-call Judge Cullen de-
clared the court duly constituted. He
announced that the question had been
raised as to the right of Judges His
cock, Chase and Miller. designated
members of the Court of Appeals. to
sit as members of the high court He
said. in his opinion, the designated
judges should be permitted to sit.
Counsel for both sides assented.
Frawiey Allowed to Take Oath.
The right of Senator Frawley, chair
man of the committee which brought
out the evidence against Governor
Sulzer, and other senators on the
committee to sit as members of the
court was challenged by the defense,
but they were permitted to take the
oath of office.
Judge Cullen then solemniy ad-
ministered the oath to every men,
Der of the court in alphabetical or
der. Each was called to the bar
and stood with upraised hand and
answered Il do to the following
form of oath:
You do solemnly swear to truly
and impartially hear try and deter
mine the impeachment of the Assem-
bly, of the State of New York against
William Sulzer. governor of said
State, according to the evidence, so
help you God?''
Clerk Calls Governor 10 Bar.
The court had been In session
nearly an hour before the last men,
ber took his oath. The clerk then
called the name of William SulZer.
He did not answer Judge HerriclS
rose and announced that in accord
ance with notice filed when the
court convened, Governor Sulzer de-
sired to appear through counsel This
request was granted by the presid-
ing judge. who then appointed a
committee Of three to draw up rules
and methods of procedure for the
court
The court. on motion of Senat tor
Wagner. then adjourned until 10
o'clock tomorrow morning.
The notice of adjournment was for
mally announced by the court crier.
and all spectators remained in their
seats while the members of the court
filed solemnly out of the chamber
Although noon was the appointed
hour for converting of the court sew
eral thousand persons thronged the
Capitol building and grounds before
O'Clock. all hoping to gain admit
tance to the Senate chamber. the
scene of the trial. While there was
no indication that any testimony
would be taken today, the crowds
were eager to witness the solemn
opening ceremonies of the court.
Owing to the small seating capacity
of the Senate galleries most of the
would-be spectators were doomed to
disappointment. Not more than SOC
seats were available, of which fifty
were reserved for newspaper men.
Rush Is Ferestalled-
Forestalling possibility of any at
tempt to rush the chamber. the Sem
ate sergeant-at-arms and his staff
were reinforced by heavy platoon
of city police. Positive orders were
issued that no spectator should be
permitted on the floor of the chamber.
Rooming- house owners reaped a
small harvest from the crowd that
poured into the city last night and
today. Long before the night trains
came In from New York. bearing
scores Of politicians and sightseers.
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