New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-13

ernor Sulzer now appear before the
court as a witness" said d. Cady Her
rick, his counsel. Anything he has to
say will be given out in statement
he has prepared after the announce
ment OF the verdict"
That statement Judge Herrick now
has locked up in his safe, and he de-
clared that after he ceases to be the
Governors counsel in the impeachment
trial he will make the statement pub
lie at any time his client gives the
word.
Counsel Changed Attitude.
Both Judge Herrick and Harvey d.
Human, II is said, urged Governor
Sulzer to take the stand after the son
of Thomas F.. Ryan had told of the gift
of $4,000 TO the Governor from his
father. and of the Governors request
to have him intercede with both
Charles f. Murphy and William
Barnes, the Republican state leader,
TO call off the Impeachment trial Be
have been determined TO go on the
stand, but to have been prevented by
his counsel, who held that he would
only hurt his case by submitting to
cross-examination. But after the Ryan
testimony. II is said, the lawyers took
the ground that sonic answer ought
to he made to II, and that the case
could not further be jeopardzed with
that testimony admitted. 1t is de-
clared that then the Governor refused
to take the stand, fearing the conse-
quences.
The breach between Governor Sulzcr
and his counsel Is more than apparent
tonight. The feeling is so strong, 1t
is said. that the members Of his legal
staff, having finished their case. VIII
have nothing more to do with the Gov
ernor, and will merely go through the
formallty Of attending the court when
the final verdict is given.
Reports coming directly from the Ex-
ecutive Mansion are that the Governor
went into a rage when he heard Of the
speech by Judge Herrick. He is said
to have declared that It did him more
harm than the bitter arraignment II
/ him by Senator Bracket. one OF the
counsel for the board Of managers.
| He particularly resented that part Of
the Herrick speech in which II was
practically admitted that the Governor
might have been guilty OF the charges
against him. but that they were not
proper cause for impeachment.
The Governor is said TO have made
the charge that his own attorneys
sold him out" These reports have
put tho attorneys for the defence in
such an angry mood that they are al
legged 10 be not even on speaking terms
with the Governor. While the feeling
will be suppressed as much as possible
pending the final vote. bitter replies
are expected from the attorneys after
that time II Sulzer makes public any
OF the charges ne is reported TO have
made in private.
II is known that the Sulzer attorneys
feel that the Governor has not told
them the whole truth. This was evil
dent in the astonishment they showed
at certain parts of the testimony pro-
duced by the prosecution. notably tho
story told by the son OF Thomas r.
Ryan; the testimony Of Duncan w.
Peck who said that the Governor
asked him to deny that ne made cam
paign contribution of $500. and that of
Henry Morgenthau. who declared that
the Governor asked him to go easy"
on him.
During the trial frequent rumors OF
quarrels between the Governor and his
attorneys were heard. and II Is has just
been learned that Judge Irving Vann
quit the case altogether and that James
Cay Gordon got out a few days after
the trial began.
When the Court OF Impeachment con-
venes at $3.50 o'clock tomorrow after
noon II will Immediately go into execu-
tive session. A vote Will first be taken
on the question rs to whether Articles
I. II and VI should be included in the
Impeachment charges. These have TO
do with acts of the Governor alleged
TO have been committed before he took
the oath of office. Only majority
vote will be needed on this question,
but It is expected that the vote will tell
the story as to whether Sulzer will be
convicted or not. The validity OF each
other article will then be voted on sep
arately. and Will also require only
majority vote
The vote on the other three ques-
lions to be decided will undoubtedly be
in open court These questions. which
require two-thirds vote, are: Whether
the Governor Is guilty Of tho charges;
whether he shall be relieved from office
and whether he shall be disqualified
from holding public office in the future.
1t Is expected that only the votes which
will be taken In executive session will
be completed tomorrow afternoon. and
that the deciding of the final questions
will be put over until Tuesday.