New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-03
Whereas Majority May Garry
Point Against Governor Now,
1t Will Require More Ad-
verse Ballots After All
Testimony Is Heard.
SURE TO TELL HIS STORY
Executive Determined to Expose
Tammany Plot, Despite Counsel's
Advice That Evidence Is Not
Needed-Trial Adjourned
Until Monday.

fFrom a staff Correspondent OF The TribureI
Albany, oct. BY an adjournment
of the High Court Of Impeachment this
afternoon until Monday afternoon, and
rulings by President Cullen that mo-
tions going to the probative force OF
competent testimony must be left to
the end Of the case. counsel for Gov
ernor Sulzer contend that they OBJ
tained not only technical and stra-
tegic advantage, but an advantage in
the final vote.
While the old story Of a breach be-
tween Governor Sulzer and his counsel
Of record over the defence TO be pre-
sented filled the air tonight, the Gov
ecutive Mansion. For the first time in
many nights not one Of his counsel Of
record was with him.
D-Cady Herrick spent the evening at
his home. Harvey d. Hinman, who is
scheduled to make the opening ad-
dress for the defence on Monday. di-
vided his evening between attempts
to work 'on the document and denials
of story that he had withdrawn from
the case because he could not get any
defence material from the Governor.
Austen G. Fox went to New York early
this afternoon, while Louis Marshall
was observing a religious festival.
SuIzer to Tell Story.
Herrick and Hinman emphatically
denied the story Of a rupture between
the lawyers and the Governor. and
Herrick insisted that there was no
truth in another story which the Sem
ate members of the Court of Impeach-
ment were discussing to-day-that the
Governor was likely to bring new coun-
sci into the case on Monday. Never
theless, It was patent tonight that no
more harmony existed between the Sui
zer counsel and the Governor over the
matter OF his going on the witness
stand than has prevailed hitherto.
1t is the Governors intention, an
nounced TO his friends with determina-
ton, TO take the stand and tell the
story of Tammany's plot. which he in
sists will yindicate him and bring APP
plause from all the people Of the state.
! This intention persists despite the Gd-
vice of his lawyers TO keep Off the
stand and keep his wife out of the
courtroom, as the case up TO date has
not made their appearance necessary,
and the cross-examination TO which
they would be subjected might not help
the case but damage it in some ways.
The people of the state are waiting
to hear me tell my story the Cow
ernor in effect. told a friend who called
| on him to-day IT / don't tell IL to
| the court and all the state on the witt
ness stand I'll be accused Of evasion. Z
must give my story. and | must SUBJ
nit to cross examination
This position is the one advised by
the Samuel FrankepsteinS Samuel Bell
Thomas Alexander 8 Bacon group Of
lawyers. II Is with these men that the
! Governor holds his confidential COM
| munications. and the bets tonight are
ten to one that he will appear in court
and tell his story.
The adjournment of the court until
Monday afternoon will at least give
the Sulzer lawyers a chance to set
their line of defence ready.
Wishes to Talk Freely.
II is said that the Governor, in dis
cussing his story with his lawyers not
of record. has insisted that he ought
TO be permitted TO give 1t in the form
of a narrative or statement. and not
be bound by the narrow rules OF evil
dence. Under old English law. 1t Is
said. II was the practice for a defend
ant to make such a statement.
Such a procedure would get the Gov
ernors charges of conspiracy on the
part of Tammany against him into the
record. Lawyers for the managers
say. though. that they know of no rea-
son or excuse for such procedure, and
would oppose it bitterly, demanding
vote of the court on it If President Cul-
len did not rule against ii in the first
place. They feel confident that II the
Governor wishes to testify he VIII have
70 testify with no more privileges than
any other witness.
After Humans opening of the de-
fence. Louis A. Sarecky is expected to
be called. He handled the campaign
contributions, which were deposited in
the Mutual Alliance Trust Company
and many campaign checks were mace
out to his order by the candidates di'
rection. notably the Schiff $500 check
The defence has said 1t would cav
Frederick L. Colwell. the missing stocs
broker. who transmitted orders for tn'