Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-10-14
ASKS COURT TO
AMEND CHARGES
AGAINST SULZER
Prosecutor Wants "Snbornation
of Perjury to Be Added
to Impeachment.
WOULD MAKE ACCUSATION
CONFORM TO EVIDENCE
Amendment Is Opposed on
Ground That 1t Usurps As
sembIy's Province.

ALBANY, n. Y, Oct. IA motion
to amend article ". of the impeaoh
ment charges against Governor Sulzer
so as to include the testimony of Am
bassador Henry Morgenthau and Su-
perintendent Of Public Works Dun
can w. Peck, was presented by the
Impeachment managers at the reopen
ing of the trial of the governor today.
No action was suggested in regard
to the testimony of Allan A. Ryan. 1t
Was explained tfat the evidence which
he gave could only be considered as
eorrooorative Of other charges in the
Impeachment articles. unless new
article should be added. This would
have to be done by the Assembly.
he proposed amendment sets forth
that William Sulzer .wrongfully, will
fully attempted to incite and procure
Louis A. Sarecky, Frederick L. Col
well, Melville D. Fuller, Duncan w.
Peck and Henry Morgenthau to COM
NIT perjury and to give testimony
before the Frawiey investigating COM
mittee.
Article ". as it now stands does
not mention either Peck or Morgen-
thau and merely sets forth that Sui
zer "practised deceit and fraud and
used threats and menaces with in
tent to prevent said committee from
procuring the attendance and testi-
mony" Of Sarecky, Colwell and Full
ler.
The proposed amendment was pre-
sented by Attorney John B. Stanch-
field. who argued for an hour in an
effort TO prove that the court had a
right to so amend the article. Judge
D. Cady Herrick for the defense, op-
posed this argument at the afternoon
session.
Il do not mean" said Mr. Stanch-
field. ito argue here that this tribunal
possesses the power TO amend these
charges In such a way as to be nec-
essary to ontort or twist this tribunal
into an impeaching body. l concede
with the utmost frankness that the
Assembly alone Is the impeaching
power of this State. This by no
means precludes this court from
amending the impeachment SO long as
amendment Is not unjust to the re-
sDondent.
IF. with this motion in view, the
respondent feels now that he wishes
in person to make answer from the
witness stand or If he feels now. in
| the light of that charge, that there
lis other testimony he desires to pro-
fduce to meet the accusations. tbs
door is open and there is no Ubjec-
tions raised by managers of this
| trial"
Attorney Stanchfield emphasized the
! fact that article 4, as it now stands,
charges Sulzer with a misdemeanor,
whereas, he maintained. the testimony
OF Peck and Morgenthau showed he
was guilty Of attempted subornation
of perjury, a felony.
There seemed little probability, ii
was said, that the Assembly would
attempt to bring a new charge cover
ing the Ryan testimony at this late
date This testimony was that Gov
ernor Sulzer had besought him to OBJ
tain the influence Of Charles F. Muir
ply and William Barnes to stop the
trial.
According to the attorneys for the
impeachment managers this consti-
tutes "tampering with the court" and
could not be fitted into article or any
other articles except corroboretive
evidences on the general proposition
that the governor is unfit to hold Of
flee.
| The Eight Articles.
| The substance of the eight articles
voted against the governor by the AS
sembly follows:
| Article THAT he filed with the
secretary of state false statement of
! his receipts and other monetary
transactions involved In his cam
! paign.
| Article 2--That he committed per-
jury in his statement TO the secretary
Of state relative to his campaign re-
ceipts and expenditures.
Article 3-That he bribed Witnesses
to withhold testimony from the legis-
lative committee which investigated
| his expenditures and receipts.
Article 4.-That he suppressed evil
dence by means of threats to keep
witnesses from testifying before the
legislative investigating committee.
! Article 5-That he prevented and
dissuaded Frederick L Colwell from
attending, under subpoena. the ses-
sions of the investigating committee.
Article 6-That he committed lar
ceny In speculating in stocks with
money and checks contributed for his
campaign.
/ Article THAT, as governor he
threatened to use his office and infiu>
ence to affect the vote or political
action of certain public officers.
! Article S-That, while governor, he
corTuptly used his authority and in
( fiuence to affect the current prices OF
securities on the New York Stock Ex-
change In some of which securities he
was at the time Interested.
lVurrAICnU NnXX1sC ACT