New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-10-03

is presented.
MIR. Herrick said tonight that he
thought the defence would easily finish
its case before the end OF the week. IL
Is likely, though. that these witnesses
and their cross examination will take
the week, leaving closing arguments
for the following week.
To Bare Suffers Life.
A rumor that the Governor was to
be called upon to account for $4,000 he
was reported TO have obtained through
the national committee appeared to
fall fat tonight
This money was said to have gone to
him in sums of $4,000. $4,000 and
$1,000 Fifty thousand dollars did
come to this state from the national
committee. but it did not go directly
to Sulzer, according 10 the report Of
the committee, now on file in Washing
ton. his friends said tonight.
Counsel for the board Of managers
are not inactive, despite the lull in the
proceedings. They are investigating
the Governors record from the time he
entered Congress in the hope that they
may find damaging evidence on which
to question him on REORGANIZATION.
They profess to have found much such
evidence, and express the hope that,
he will take the witness stand, in or
der that the bars to interrogating him
may be thrown down.
Doubt is expressed, however if
President Cullen will permit them to
go into Suffers history before he en-
gagged in the campaign for Governor.
Counsel for the managers assert they
believe they will be able to introduce
this evidence when they attempt TO
question the credibility of the Cover
nors testimony.
Following a couple of motions to
strike out testimony on the ground
that 1t was incompetent. the lawyers
for the Governor entered on the rec
ord to-day a formal motion TO strike
out the impeachment articles Nos. 3.
4, and on the ground that they had
not been proved.
These articles charge that by bribery
and threats the Governor was guilty of
trying to prevent witnesses, of whom
Frederick L. Colwell, the missing
broker is named as one. from testify
ing before the Frawley legislative COM
mittee; that as Governor he used the
powers of his Office to affect the vote
of legislators, and that while Governor,
and maintaining a speculative account
in a stock brokers' Office, he used the
powers of his Office TO affect the price
of securities.
President Cullen disposed of this
question as he did the original motion
OF the defence to dismiss from the ar
ticles of Impeachment those charging
perjury and theft in connection with
unaccounted for campaign contribu- :
tons. He ruled that inasmuch as a
Court OF Impeachment was like no
other judicial body, and was called on
to decide questions Of fact and ques-
tons Of law inextricably blended, the
matter must go until the end Of the
case.
Takes Two thirds Vote Now
What this means, in practical effect.
is that the defence must present its
case, with witnesses and all its argu-
ments. Then at the end there will be
vote on the articles of Impeachment,
article by article, as the rules provide.
In that vote the Court Of Impeachment
Will decide, after hearing the Gov
ernors lawyers and counsel for the
Assembly board of impeachment man.
ayers, not only whether the article is
10 be considered valid by the court
but whether it has been proved and
Governor Sulzer is guilty according to
the evidence presented.
The advantage to the Sulzer side in
this is the difference between a hare
majority vote and a two thirds vote.
The Governors counsel show consid-
cradle citation over the fact that where
as any article could be admitted before
the final vote by a bare majority of
the court. the final vote registering
the courts opinion of the Governors
innocence or guilt must be a two-thirds
vote to hold him guilty.
They argue that on all charges, save
those relating to the unaccounted for
campaign funds and their diversion to
Wall Street uses. the evidence SUBJ
mitted by the impeachment managers
is wofully inadequate. AS TO Ar
ticles /, 2 and 6. the perjury and lar
ceny charges. they are prepared to ar
que the constitutional question that,
even If the Governor did all that is
charged. It was done before he became
Governor, and so these things do not
constitute improbable offences.
Counsel for the Impeachment mana
gers. while agreeing approximately
with the defence's lawyers on the i'm
mediate result Of Judge Cullens rul-
ing place an entirely different inter-
probation on it's effect on the Govern
,r's tenure Of Office.
Bracket Not Discouraged.
Anybody who can get comfort out
Of that ruling" said Edgar T. Bracket,
''can get honey out of horse chest
nut. We maintain that we have so