Norwich bulletin., 1913-10-14

| CCCA OA 1LL1ECdCIIilGIL WHICH IS u O0- eide the fate of Governor William Sul- Fer, failed today to reach 3 verdice. l After a session lasting an~hour and 1 half virtually all of which was held 1 Tn secret, the court of impeachment | unexpectedly adjourned until 11.30 ] o clock tomorrow to permit further 1 argument by counsel relative to the l testimony of Allan A. Ryan, ambas- 1 sador Henry Morgenthau and Duncan 1 W. Peck. superintendent of public works.
 Not Specified in Impeachment Arti- l cles.
 This testimony had to do with al- 1 legged efforts of Governor Sulzer to | suppress evidence against him and to 1 obtain political influence to stop the l trial The offenseS alleged in this con- l nection were not specified in the eight articles of impeachment and immedi- l ately upon the converting of the court l today, Judge Miller of the court of | appeals raised the question as to ltWhere they fitted in.
 The executive session at once fol- | lowed on motion of Robert r. Wag- ner democratic leader of the senate. When the public was again admitted 1 1t was announced by Presiding Judge Cullen that the court desired counsel ! to argue as to whether the acts and conversations of the governor testi- fled to by Peck, MoTganthau and Ryan can be considered as being acts of misconduct for which the respondent can be convicted under article or only as cOrroborative evidence of the other allegations stated in the charges and whether the court has the power to amend the articles if they are in- sufficient to include thise acts, so as to include them.'
 Article 4 Claimed Broad Enough. Article 4 in the one dealing with the
 
 the governor tried to prevent Fred erick L. COlwell. Louis A. SarecEy and Melville B. Fuller from testifying be- fore the FTawley investigation com mittee. It mentions neither Ryan, Morganthau nor Peck but does incIue these words in it's text the words all other persons The fact that these words were contained in the article made it broad enough. former Senator Bracket maintained in his summing up address, to include the offenses tes- tihed to by the three latter witnesses:
 These were as follows:
 Peck swOre that the governor had asked him to deny a $500 campaign contribution if called as q, witness be- fore the F'raw1ey committed Morgan thau testified that Su1zeT had asked him, if called before the court of inn peachment. ito be easy with him. Ryan testified that the governor had besaught him to gain the political in
 1uence of Tammany Leader Charles F. Murphy and republican state chair man. William Barnes to have the court vote that the impeachment was illegal.
 This Testimony Undisputed.
 The testimony of none of these wit nesses was disputed by the defense as far as contradictory evidence was con cerned and for that reason is said to be considered by some of the members of the court as the strongest adduced in proof of the governors alleged un- fitness to hold office. In view of the fact that each of the eight articles is to be voted upon separately, it was found when the members of the court were ready to convene today that there was much doubt as to which article the testimony should be con- sidered under.
 It was said furthermore that some of the members felt thaat in the event that the court should grant the as yet undecided motion to strike out articles l, and 6, 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 it was desirable there fore, 1t was said, either to strengthen article 4 by including the Ryan-M or ganthau-PeCk charges or to set them apart as an additional article.
 
 "The court considers the question which it has asked you to argue of considerable importance" said Pre- siding Judge Cullen in informing coun- sel of the action taken at the exc cutiVe session
 "Therefore. so that your argument l may be deliberate and on reflection, it will give you until tomorrow morning to comply with the reuIiest of the court And especially I wish l to impress on cousel and on all per sons who are in attendance on this 1 court that notification of this desire on i the part of the court does not indicate ] any view as to the merits of this case l haSing been taken by the court or any ] view as to the merits of this case | having been taken by the court or any | member. It is simply to get your l views on this question ,on which, with | all respect to the great ability and !! earnestness with which this case was | argued. we should like to have further 1 information and instruction"
 Vote Likely to be Taken in Secret.
 Whether the court would go into ] executive session to decide the ques- { ton when the lawyers finished was not indicated tonight but the general 1 belief about the capitol seemed to be l that all deli.beVa lions of the court 1 her1ceforth would be in secret and that l the public would only know the re- suit
 The select few who obtained seats in the gallery were obviously displeas- ed with the decision of the court to go into executive session oday. Nor were they alone in this. Almost every one here wants to know every move the court makes and the manner in which the members arrive at their votes and what explanations, if any, they make fn connection wifh them