The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1913-10-16
SUPPRESSION
Of EVIDENCE
Mil Be Further Considered by
Court Of Impeachment
| OuDT As 70 ARTICLE FOUR
Must Be Strengthened 10 INCLUDE
Charges Of Ryan, Moreenthau and
Peck, or They Must Be Sc, Aside as
Additional Artiele-~Sulscr Verdict
Unexpectedly Delayed

Albany Oct, "a The hirh court
81 Impeachment which Is 90 decide the
tate Of Governor SulEer failed yester-
iay 10 reach verdict.
After a session lasting an hour and
A half, virtually all al which was held
IL secret. the court Of Impeachment
Unexpectedly adjourned until today TO
permit further argument by counsel
relative 10 The testimony OF Allan A.
Ryan, Henry Morgenthau and Dun
can " Peck. superintendent Of pu5-
Tic works
THIS testimony had TO do with al
legged efforts OF Sulzer to suppress evil
dence against him and 10 obtain politi-
cal influence TO stop the trial This Of
lenses alleged In this connection were
not specified in the eight articles of
Impeachment, and Immediately upon
the converting OF the court Judge Mill
Ter OF the court OF appeals raised the
question as 10 where they fitted in.
The executive session at once fol-
lowed When the pubic was again
admitted IL WAS announced by Pre-
siding Judge Cullen that the court de-
sired counsel to argue as 20 whether
the acts and conversations OF the gov
ernor testified to by Peck, Morgen-
than and Ryan acan be considered as
being acts Of misconduct for which
the respondent can be convicted un-
der article 4, or only as corroborative
evidence OF the other allegations stat
ed in the charges, and whether the
court has the power 70 amend the
articles, II they are insufficient to
include these acts, so as 70 include
them"
Article is the one dealing with sup
preston Of evidence, alleging that
erick H. Colwell Louis A. Sarecky
and Melville b, Fuller from testify
ing before the frawley investigating
committee. II mentions neither
Ryan, Morgenthau nor Peck, but does
include in its text the words, "all 9th
er persons. The fact that these
words were contained in the article
made il broad enough, Bracket main
tanned in his summing up address, to
include the offenses testified to by the
three later witnesses. These were as
follows.
Peck swore that the governor had
asked him to deny $500 campaign
contribution If called as a witness be-
fore the Frawley committee.
Morgenthau testified that Sulzer had
asked him. II called before the court
OF impeachment, ITO be easy with
him. Ryan testified that the govern
or had besought him to gain the
political influence of Tammany Leader
Murphy and Republican State Chair
man Barnes to have the court vote
that the Impeachment was Illegal
In view Of the fact that each Of the
eight articles Is TO be voted upon sep
arately, 1t was found when the mem
bers OF the court were ready to con-
vene that there was much doubt as
to which article the testimony should
be considered under.
II was said, furthermore, that some
OF the members felt that in the event
that the court should grant the as yet
undecided motion to strike out articles
/, and 8, the money articles" on
the constitutional ground that they
dealt with offenses committed before
the governor took office. practically
little would be left of the case.
They thought 1t was desirable,
therefore, it was said, either 10
strengthen article by including the
Ryan Morgenthau- Peck charges or to
set them apart as an additional article,