The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-09-27
GOVERNOR SULzER'S TRIAL.
COURT HAS NOT DECIDED
WHETHER INIPEACHED
EXECUTIVE WILL HAVE
TO TELL OF MISUSE
OF FUNDS.
Governor Now Admits That He Can
No Longer Perform Administrative
Functions and Announces Abandon

IncHt OI NIulInS 10 8fCfOSutlNc.
Albany, n. Y, Sept 23.-After a
day spent in listening to lengthy ar
guments the high court for the trial
of the Impeachment of Gov. William
Sulzer adjourned tonight without
having decided whether the impeach-
ed executive will have to answer
charges involving the misuse of the
funds contributed for his campaign
last fall. The court probably will
reach decision early tomorrow
In event of the denial of the mo-
ton to strike out the three articles
dealing with the campaign contribu-
ton. the guns of the impeached exec
utive's legal battery will have been
spiked a.s far as the preliniinaries are
concerned and the actual trial will
begin.
That counsel for the assembly mar
ayers are confident the VI will lot
dismiss the three articles is evidenced
by the fact that they announced that
Jacob III. Schiff. Abram I. Elkus,
Henry MOrganthau and others who
contributed to the Sulzer election
fund, would be on hand tomorrow to
testify.
Jacob III. Schiff. counsel announced
would be the first witness for the
prosecution on the contested facts.
His $2.500 contribution was not men
toned in the sworn statement of
election expenses filed by the gov
ernOr.
Gov. Sulzer today submitted to the
ruling of the high court that the as
sembly had the constitutional right to
impeach him. This announcement
was made at the opening Of court by
Judge ID. Cady Herrick, chief counsel
for the impeached executive, who de-
clared that "the governor will bow
to the will Of the court and will ex-
ercise none of the prerogatives of his
office pending the determination Of
the Impeachment charges"
Counsel for the assembly managers
were busy tonight preparing to place
their early witnesses on the stand.
Formal proof of the nomination and
election Of the governor first will be
adduced Later the governors state
ment Of campaign expenses and dis
bursements, sworn to and filed with
the secretary of State, will be proved.
1t is on this statement that the pros
ecution bases it's most serious charges.
The document shows that Sulzer re-
ceived $5,460 in furtherance of his
election, and that he expended $7,724.
The articles of impeachment charge
him with having received at least
$4,000, of which no mention is made
in the sworn statement,
The preliminaries disposed Of, the
managers are planning to centre their
fight upon the three articles having
contributions and his alleged use OF
the funds in Wall street, if the court
rules they may be considered. These
charge perjury, fraud and larceny.
Louis A. Sarecky, who was the gov
ernor's campaign secretary and
handled much of the funds, has not
been subpoenaed, the assembly man.
ayers counsel announced tonight
Sarecky refused to testify before the
Frawley committee when it was un-
earthing the testimony on which the
Impeachment was based
The principal contention of the gov
ernor's side in today's proceedings
was that the acts specified in the
three articles objected to were com
mitted, if at all. while Sulzer was a
private citizen. Their opponents ar
gued that they were so intimately
connected with the office that it would
be impossible to separate them.
''The managers here" declared
counsel for the governor, want to
stand broadly upon the proposition
that man may be wholly unfit for
governor of the Empire State some
little time before he is really ripe
for states prison. The dividing line
between the two-between ripeness
for the States prison and qualifica-
ton for the gOvernOrship---is broad
er than that"