Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-09-19
SOL2ER TRIAL
IS UNDER WAY
GOVERNOR FAILED TO PUT IN
APPEARANCE WHEN
CASE OPENED
COURT IN session | HOUR
PrcliminaTics Gotten Rid of and
Way Cleared for the Real Fight
to Begin Today.

ALBANY. n. Y. Sept. lS.-Wllllam
Sulzer, governor of New York,
charged by the assembly with high
crimes and misdemeanOrs failed to
appear in person today before the
high court Of impeachment when IT
convened to begin the trial which
will determine his guilt or innocence.
Instead his attorneys entered spe-
cial appearance" in the governors be-
half and challenged the organization
of the court and its jurisdiction over
the accused
The objections of counsel were
swept aside temporarily by Chief
Judge Edgar NJ. Cullen of the court
of appeals, presiding, and the I'M
parchment tribunal proceeded to or
ganize.
In Session One Hour.
The court convened at noon and
adjourned an hour later until to-
morrow to permit a committee or
three to report on rule Of pro
Cedure.
No objection was interposed to a
ruling of Judge Cullen that the three
designated judges of the court of ap-
peals-Judges Miller, Chase and
Hicock-be permitted to sit with the
elected members Of the high court
The first challenge came when
Senator James Frawley was called
upon to take oath. Senator Frawley
is chairman of the legislative com
mittee which furnished the evidence
which the assembly board of man
ayers based its charges against the
executive.
Admitting the right to challenge,
a A.,s Hon. Of
the court must be sworn before any
proceedings were taken and Senator
Frawley took the oath.
Judge Herrick announced that
Senators Ramsberger and Sanner,
members OF the Frawley committee,
and Majority Leader Wagner would
be challenged at the proper time.
First Fight Today.
Senator Wagner, Senator Brown,
the republican leader and Judge Will
lard Bartlett of the court OF appeals,
the committee appointed to draft the
rules of procedure had practically
completed their work tonight. Apart
from the adoption of these rules in
terest in tOmorrow's proceedings were
focused on the expected legal battle
over the right of the challenged
senator's to sit as members Of the
court.
The defense contends that the
members Of the Frawley committee
having uncovered the evidence
against the governor should not be
permitted to assume the dual role
of prosecutor and Judge Although
Senator Brown is a member OF the
committee no objection was urged
against him as he did not participate
"a N.sftf
The governors attorneys refuse to
disclose why they proposed to chal-
lenge Senator Wagner and the OPP
posing counsel said they were in the
dark concerning It.
Senator Hicock suggested it might
be claimed that he might have as
sumed perogatives Of the lieutenant
governor since the Impeachment of
Governor Sulzer, but he added that
ne had laid no claim to the office
Gnd had not attempted to discharge
ANY Of its functions.
Counsel for the assembly board Of
managers contend that precedent has
established the right of the chal-
lenged senators to sit as members OF
the court.
Fifty-ScNen Jurors.
The impeachment court as consti-
tuted today numbered ffty-seyen, of
whom forty-cight are senators and
nine judges Of the court Of the APP
pealS. A two-thirds majority Of the
couri is required by the constitution
to convict
Scores Of witnesses are under sub
poena to testify. At least one hun
dred will be called from present pros
poets and il is said many will be
called by the defense.
Whether Governor Sulzcr will be
put on the stand in his own defense
and whether his wife. who is re-
ported to be able to explain many
OF the governors questioned stock
Transactions in Wall street, will he
called as witness were secrets
which the governors counsel tonight
refused to diyulge.
Louis A Sarecky. secretary Of Mr.
Sul2er during the gubern9torial cam
palgn, wanted as one of the star
Witnesses for the prosecution Is miss
ing Like Frederick l.. Colwell the
governors alleged representative in
Wall street transactions, Sarccky de-
cllned to answer certain questions
when called as witness before the
Fr1wlcy committee and his arrest was
ordered for alleged contempt.
Tho counsel for Governor Sulzer
wss ir"rca today with the ap-
pearauca oi nlibu Root Jr. Besides
Root -. Cady Hcrrlck, irving c.. Van,
Harvey H. E,nWsn. q. ~ l'uA AID
James Gbv Gordon complete th. gov
ernor's counsel
..urh Sol,mE'iy
The proceedings today urre c0n-
o r. #.."h