Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-10-09
Marshall Begins Final Argu-
ment for Defense at Inn
peaChment Trial.
COUNSEL FOR EACH SIDE
ALLOTTED FIVE HOURS
Voting on Fate of New York Gov.
ernor May Begin Next
Tuesday.

guments held the stage in the Sulzer
impeachment trial today ATTORNEYS for
each side were allotted five hours-yir-
tually a full days session-for making
their summing up addresses. 1t was be-
iteved today that at the end of the argu-
ments Friday night court would adjourn
over Monday. which will be observed as
Columbus day, until Tuesday. Then
voting on the constitutional objections
To the Impeachment articles brought by
attorneys for the defense and the inn
parchment articles themselves will begin.
The voting on the objections to the
articles of Impeachment and the testi-
mony will be done i'm executive session.
The final vote viii be taken on each of
the eight articles separately, IL all of
them are allowed to stand.
Marshall's Plea.
I'VE are on the threshold OF an
event. began Attorney Marshall of
Gov. Suffers. counsel, which will Make
a permanent impression upon the history
of our state, which will entail cvnsc-
quences far beyond our ken, which will
determine whether the reign OF law LAS
ceased and that oI passion and prejudice
has begun.
ut is for this court TO decide. to adjadec,
to create a preceuent which will ineyita-
bly, and frrevocably declare ths .ponc.,
OF thus state with regard 10 the pefma-
neney OF its institutions and the iLde-
pendence OF those wno make up the
total of its official life.
The picture which Is now unfolded
before the civilized world is almost
unique in the experience of mankind.
Tne governor Of the greatest state In
the Union. with population OF 1U,vOO.-
100 1reemen, who was elected less tnan
one ear ago by an unprecedented ma
J0rlty. IS upon trial on an impeachment
which charges hlm with the commission
oi various acts whicn. ii is asserted. en-
title the complainants To a judgment of
forfeiture OF that ONCE, ana which place
an everlasting stigma upon Ills name
and upon the heno.sd ohlce to which he
was thus trfumphantly CHOSEN by the
| sunrages of .his ieiiow citizens.
Sketches Political History.
Mr. Marshall then sketched the cover
noi's political history. And now VIII
liam suizer. Who wrought all this con-
tinued The attorney, stands before you
on trial for his very existence charged
with being a common criminal. Not be-
cause while an incumbent of office, he
mas been guilty OF offlciai CORFU ption no.
because he has taken a dollar OF the
at their expense. or has received bribe,
or has doi:e aught TO injure the public
veal; not because he has beea gunty OF
treason, of a violation of the constitution
or of his oath OF orfice: not because he
has neglected the performance OF his
officia: duties, nor has absented himself
from the seat os governor. nor indicated
to the. slightest degree lack of zeal
for the public welfare. The achievements
of his administration, as they have passed
~ ha x-a< nj he - a "a
him from all suspicion of guilt in regard
to any of the offenses contained in the
category or the usual forms OF official
misconduct.
Attacks Impeachment.
And yet the impeachment managers
are now seeking to remove William Sui
ger from the office which he has thus
honora bly, filled fifteen months before the
expiration OF his term. II Macaulays
celebrated New 2ealander. or Montes
ouius' famous Persian were now ainong
us he well might ask why in this land
Of hoaste-i liberty and freedom one de-
serving SO much, should ne subjected 10
this awful degradation and why ne state
which he has served SO well should be
involved i'm his ruin anu dis grace The
only answer is TO he found in the articles
of impeachment. adopted at dawn on that
fatal 18th day of August. by the assembly
of the state of New York. in less than
thirty-six hours after the presentation OF
the report OF an Investigating committee.
which the members of the assembly could
not possibly have read or considered
when we analyze this collection OF Of
fenses we cannot fail TO be impressed by
the fact that the three fundamental
charges relate to acts which occurred and
were completed before the respondent en-
tered upon the performance OF his duties
as governor and took his constitutional
oath of Offlce.
Question to Be Decided.
..The court has reserved determination
Of the question as TO whether those trans
actions constitute ground for impeucir-
ment That question must now be de-
cided. will Impeachment lie in this state
for acts which do not constitute 'Wliiful
and corrupt misconduct in .office'?
Mr.. Marshall dwelt for nearly ah
hour an this subject, quoting legal
nrecedents at length. Mr. Marshall
then took up the different charges.
a against the governor and declared tnat
not one of them was supported by
fact. He said:
make necessary the publication or
campaign funds received, but only
those expended. Therefore, the gov
ernor in failing to note all OF his re-
ceipts violated no law
"No perjury was committed by him
in swearing to the inaccurate cam
naipni expense statement because the
corrupt practices act does not require
.arhis action of the governor was vol
untary.
Attacks Larceny Charge.
There was no basis for the charge
of grand larceny because the money
used. by the governor came into his
hands lawfully, and whatever wrong
he did, so far as relates 10 money and
checks was committed after he had
Il. .wfrlly acquired possession of them.
Larceny does not exist where there is
consent to the taking of property.
THAT Richard Croker. jr.. Henry L.
Jacob H. Schih. Daniel M.
Brady. DR. John w. Cox and others
placed no limitations on the use of their
contributions
.aThere. was a hope. expectation or de-
sire among the donors that the moneys
he used i'm connection with the cam
nafrn. but none had the rcmotest idea
that ne ever would get a dollar back.
..The charge i'm relation TO Sarecky.
Fuller and colwell i'm attempting BY
bribery or other means to induce them
tn vithhoid testimony was not proved"
The testimony of Duncan W. Peck. su- :