The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-09-18
First Step Is to Name Com.
mittee on Rules and
Procedure.
PLEA WILL BE IN WRITING
Mr.. and Mrs. SulZer Confident
Her Testimony Relied
on to Save Him.

ALBANY, Sept. 1.-THE last stagehand
faded away tonight from the recon-
structed Senate chamber where at noon
Tomorrow William sulzer will be placed
on trial for high crimes and misde-
meanors.'
Most OF the actors in the drama who
were not already here. focked into Albany
to-day, the Senators and the Court Of Ap-
peals Judges who are to sit as the high
court Of impeachment. the Assembly man.
ayers who prepared the prosecutions case
and the lawyers for both sides
\Also there appeared hundreds Of sae-
liners for whom crushing disappointment
is IN store when they find that only 200
seats have been allotted to the public.
" looks as II to-morrows session will
last not more than two hours, going no
further than the appointment Of a COM
mittee on rules and procedure. which will
report on Friday. Even IL II gets AS far
as the big moment. when Chief Justice
Cullen calls for the Governors answer to
the articles of imp. achment. the Governor
himself will not be present.
His plea of not guilty when asked for
will be made In writing by his attorneys
One Of his counsel said tonight that prob
ably Gov. Sulzer would not appear at the
trial at all. Despite his love Of the
thcatrica, Mr. Sulzer has apparently been
persuaded that the precedent set by Pres
ident Andrew Johnson. who entrusted
everything to his lawyers, must he fol-
lowed in this fateful hour.
spe"ds Day ~ Hone.
Mr.. Sulzer did not &c to-day to his
offices at the Capitol. where all the paint
ings of the State Governors wer. covered
because the walls of that part of the
building were being sandblasted. All day
and again tonight Gov. Sulzcr was at mis-
home. checking up with his full corps of
attorneys all the points the defence is
relying on to save him.
One of them Is the testimony Of Mrs
Sulzer 1t is believed that she will surely
testify IL the court ignores the plea that
the trial is unconstitutional and calls for
witnesses Her health is much improved
Her husbands friends say that both have
serene confidence in the outcome of the
trial.
ON the eve OF the trial the impeachment
managers engaged John b. Stanchheld as
one OF their lawyers. lie and ex-senator
Edgar r. Bracket will share the exam
nation of witnesses. Stanchficld is IA
nous for his suavity before jury
Bracket is sharp and remorsclcss There
promises to be a study In contrasts here
The hope OF some OF the Senators that
the Court of Appeals Judges would vote
first on every roll call. including the final
one whereby the Governor IN found guilty
or acquitted. was dashed to-day. Patrick
f. McCabe. clerk of the Senate. had pre-.
pared a roll call in which the names Of
the Court OF Appeals Judges came first.
Senators and Judges Equal.
But to-day Chief Justice Edgar NJ. CuI.
len set his foot on that plan. He said
that in the high court OF impeachment
Senators and jurists were equal and must
vote as such. Therefore the roll call will
be alpha habetical George +. Argetsinger,
a Republican, will be the first Senator to
respond. and Fred Collin. II Democrat. the
first Court Of Appeals Judge.
Undoubtedly before the vote on guilty
or not guilty" is taken the court will con-
fer in private, but on all other roll calls
the waverlng Senator must make up his
mind without knowing how all the Court
OF Appeals Judges stand.
The order OF procedure for the opening
of the court Is as follows:
The Senate will be called to order at
noon by the President pro tenn. Robert p.
Wagner. He will then delegate two Sem
ators to escort into the Senate chamber
the Judges OF the Court Of Appeals. whose
offices are about 160 feet away on the
same floor. With Chief Judge Cullen
leading. the Judges In their robes will
march In to Join the Senate.
Judge Cullen will ascend the rostrum,
where he will be sworn in as presiding
Judge by Clerk McCabe and Senator
Wagner will hand the gavel to him. Tho
other Judges will have seats among the
Senators. Judge Cullen will then have
the roll called by Clerk McCabe to sec if
the majority of the Senators and judges
are present as required by the Constitu.
tion.
Forty.nine Senators.
There are nfty.one elected Senators, but
now Assistant Secretary OF the Navy. and
the Imprisonment OF Stephen J. stilweli
leaves forty-nine. There must be pres
ent tomorrow at least twenty.six Sena-
tors and at least four OF the seven elected
Judges Of the Court of Appeals bench.
Whether or not the three designated
Judges Of the Court of Appeals-Hiscock.
Miller and Chase--are to sit at the Sulssr
trial the court Of impeachment itself will
determine. Thsy ase n Albany to-night.
The only absentee among the Judges 10
Judge Gray. who 10 In Europe and cannot
sail for home until September 81. II 10
said that when he returns he will be per.
mitted to Sit
After the roll call each member Of the
high court will be sworn separately. 3AGD