South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-18
STAGE ALL SET FOR
TAKING TESTIMONY
Legal PreIiminarieS of I'M
peaChment Proceedings Will
Not be Delayed, Says Judge
Defense is Guarded.

ALBANY, y. Y. Sept. 1S.-The
stage is set for the opening at noon
Thursday OF the impeachment Of
William Sulzer, governor OF Ne~
York before the first high court Of
Impeachment ever convened in this
state 10 pass upon charges filed
against her chief executive.
While Gov. Sulzer conferred Wed
nesday with his counsel, members of
the assembly board of managers who
viii act as prosecutors, discussed with
their legal assistants methods Of pro-
cedure on Thursday. Memb bers of
the court OF appeals and the sena-
tors who Jointly compose the high
court, also mapped out their plan Of
action.
Friends OF the impeached executive
repeated their assertions that he is in
good spirits, confident of a verdict
that viii clear his name Of the stigma
cast upon il by the adoption OF the
articles Of Impeachment. They were
no less certain that he had no thought
OF resigning and thus escaping the
ordeal Of what promises to be a
lengthy trial. In the other hand his
opponents were free in expressing the
opinion that after the legal prelimi-
narles had been swept away and the
taking OF testimony had begun the
governor would surrender his office
rather than face cross-examination.
Surmise Defense
From the governors camp came
no intimatiOn Of his defense There
were only surmises. These, I'm effect.
were that his counsel first would at
tack the validity Of the impeachment
en- the ground that the assembly had
no authority 10 adopt the articles
while in extraordinary session; and
that efforts would be made TO pre-
Frawley committee and those who
may be called upon to testify from
sitting as judges.
If the preliminary objections are
Overruled-and il was the general
opinion Monday night that they
would bet is understood that the
governor will base his defense upon
the claim that whatever he may have
done prior 70 his inauguration last
January, none Of his acts while exec
utive constitutes a high crime or a
dismeameanor.
The belief that the preliminary
legal technicalities will be quickly
disposed Of. is strengthened by the
assertion OF Chief Judge Edgar NJ
Cullen of the court of appeals who
will preside over the deliberations Of
the high court.
Il anticipate no delay either in the
opening or the course OF the trial" he
declared. II expect we shall be able
20 decide the preliminary legal ques-
tions that may be raised within a few
hours and proceed with the taking OF
testimony possibly on Friday morn
ing"
Parker TO Assist.
The procedure TO be followed or
der Of voting and other details. Judge
Cullen said. probably would be de
cided by committee composed botf
Of judges OF the court and senators
An important development Wed.
nesday was the announcement by
Chairman Levy OF the assembly man
ayers that John B. Stanchheld haC
been added to the prosecutors lega
battery. other attorneys who Will aiC
in the prosecution are Alton r. Park
er Edgar T. Bracket. Eugene Laml
Richards IsidOTe j. Kresel and H
ram Todd.
According 10 present plans. as sooT
as the senate has formally convened
Thursday a committee will notify tht
judges that the senate is ready TO take
up the business of the court and th'
judges viii then go 10 the senat,
chamber. Chief Judge Cullen vii
preside. The board OF managers o.
TIE assembly viii then appear ant
present the articles Of impeachment
At this point GOV. SulZer Will b,
called 10 present his answer This
Will be presented by his lawyers al
though 1t is expected that before il il
given the disputed points will b'
raised by his counsel