Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-10-02
SULzER LAWYERS
SECURE DELAY;
PROSECUTION
CLOSES CASE
Brokerage Firm AbsOlved from
Charge Of Attempting TO
Change Their Books to
Shield Governor.
IMPEACHMENT TRIAL
TO RESUME MONDAY

lBy Icnscd Wire 70 Evening Herald. I
Albany. oct. Adjournment un-
tii Monday afternoon was taken Ia the
Impeachment trial Of Governor sulz-
ar today after a few motions made by
counsel for the defense had been dis
posed 90.
Isidor J. ISresei. OF counsel for tho
assembly managers. read statement
al the Impeachment trial OF Governor
Sulzer tais afternoon nbsolvlng the
New York brokerage firm Of Harris
and Fuller Of any attempt to change
their hpoks In order to protect the
governor.
The statement. Mr. Krcsel said. was
made GLADLY on tho part or the
counsel for the managers. In order TO
remove any mlsconcaption that may
have been created by the attitude OF
the mnnagers' attorneys
Al the trial on Tuesday Attorney
Srescl placed considerable emphasis
on an entry In the FIRMS books which
recorded n loan" 20 the governor.
Mr. Fuller took offense at the ques-
tioning og the entry and demanded an
apology.
MIR Rresers statement preceded
various motions made by counsel for
the governor TO strike out certain tes-
tlmony.
The first motion had 20 do with the
Introduction Of testimony Of Louis A.
Sarecky, the governors campaign
secretary. taken before the Frawley
committee. This was testified 10 by
the sten0grapher who reported II. Mr..
Fox cuntended that the stenographer's
Testimony was hearsay Judge Cullen
held the testimony was hearsay and
would go out.
The next motion was to strike out
certain testimony Of J. ~ Gray. the
Wall street broker. in regard %
conversation he had with =. 8. Col
wen. the governors alleged Wall
street agent Judge cullen ruled that
the testimony would stand
AS the Sulzer attorneys were about
10 move 10 strike out parts of the i'm
peachment on the ground that the
charges were improved. Judge Cullen
said 81 shall hold that nli motions
involving tho probhtive force or COM
petent evidence must be left until the
tOrney FOX then declared he had In
tended 10 strike out articles 3, 4. &, z,
ana 8, ON the ground that mo testi-
mony concerning them Is worthy OF
consideration" However. he said. he
would bow 70 the ruling of the pre-
siding Judge, but requested the prlvi-
lege of making the motions later "
necessary. Judge IIerrlck then an
nounced that counsel for the governor
were not prepared To- go on with the
case and asked for adjournment until
Monday afternoon.
I'VE are In no condition Ia go on
with tho case at this time" he said
MY associate. MIR. HinmaH, who IN tn
open the case. has broken down. II
we adjourn until Monday. only four
hours will be lost and ! can assure the
court that We can use that time so
profitably that the case will he short
ened. The witness with whom we in
tend 10 lead off is not here" Motion
WIS then pat and carried 20 adjourn
the case until Monday afternoon AZ
o'clock.
Final plans for the defense were
drawn today In long conference be-
tween attorneys aud the governor.
Following their rule. the lawyers
made no statements but Il was believed
their first step would be 20 ask for
ruling from the court on two things
the constltutionality Of articles one.
two and six. and whether the appn-
cation tO private uses of funds given
without restriction constituted lar-
cony. II the court ruled favOrably 90
the defense In the first of these quos-
tlOns H was generally admitted that
the cHse practically would be at an
end. Most of the board Of managers
case was built on these three articles
The question Of larceny also was
big one, for. with a few exceptions,
contributors whose gifts were not ac-
counted for In the governors cam
paign statement testified that they
had not specified what use the gov
ernor should mike of the money they
gave him.
The sudden closing of the case of
the board Of monagers yesterday
came ns surprise to the defense and
found them unprcparod for opening
their case. Doubt was expressed "
the governors side of the case would
get under way until next week, At
all events, II was planned to ask for
an adjournment until Monday.
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