Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-21
JUR|STSI IN
BAT TIE To
STAY TRIAL
OF SULzER
Lawyers for Accused Governor
Fight Every Point Raised by
Assembly as Leader Levy Urges
Haste in Taking of Testimony.
Authority of Court of Impeach-
ment Is Questioned, While the
Right of Certain Members to
Sit in Judgment Is Attacked.


ALBANY, n. Y, Sept. 2O.-Rftter
fights are being waged over every le-
gal technicality in the trial of Gov
ernor William Sulzer for the "hign
crimes and misdemeanors" with which
an antagonistic legislature the tool
Of his political enemies, has charged
him.
The keenest lawyers Of the State,
among them the most eminent practi-
TONERS Of the nation, are arrayed on
the one side or the other. Suffers
attorneys are contesting bitterly every
point raised in the preliminary or
ganization, the advocates of the AS
sembly are doggedly resisting. and the
Assemblymen themselves under the
merciless whip Of Majority Leader
Levy are urging haste in the trial.
But haste seems impossible. After
two days of attempt at organization,
the taking Of testimony has not been
started, and probably viii not be be-
fore the first of next week. The Gov
ernor's lawyers are determined that
every straw win he grasped in their
distinguished clients defense.
! Courts Authority CHALLENGED.
They challenged first the organi-
cation of the court which is hearing
the charges. but their objections were
ovveruled. after lengthy argument, by
Chief Judge Edgar NJ Cullen, Of the
Court Of Appeals who is presiding
over the special impeachment court
They challenged Senator James ].
Frawley's right to serve, and fndi-
vidually contested the qualification Of
every member of the Senate investi-
eating committee as member Of ths
special court. In each instance they
lost.
They argued that Governor Sulzer
need not appear at the trial, putting
in plea Of special appearance"
Their objection in this instance, too,
was overruled temporarily.
After all this determined resistance,
the court OF impeachment was organ
lied yesterday. 1t consists of 81
members, Of whom As are Senators
and nine judges OF the Court Of APP
peals. A two thirds majority Of the
court is required to convict.
With the time near for the begin
ming Of the trial proper the ranks Of
counsel for the defense are being
swelled by the retention Of noted law
yesterday The attorneys for the Gov
ernor, as filed with the court, are Mr..
Root, D. Cady Herrick, Irving q.
Vann, Harvey D. Ninman, Austen G.
Fox and James Gay Gordon Counsel
for the managers Of the Assembly are
Alton B. Parker, John B. Stanchdeld.
Edgar T. Bracket. Eugene Lamb
Richards, Isadore ]. Kressell, Hiram
c. Todd and Henderson Peck
The air of the trial chamber Ia
fraught with q real significance. and
the spirit Of solemnity Is evident
everywhere. The lawyers bow low,
the Senators are visibly impressed
with the weight OF their duty, the
spectators themselves are silent, awed.
The thickly carpeted floor of tho
dark chamber gives forth no sound
A funereal atmosphere is created. The
famed trial Of Warren Hastings was
no more stately and impressive than
the hearing Of William SuIzsr. the
Peoples Governor"
Tammany is Vindictivs.
Tammany is vindictive toward the
famous defendant The Assembly in
session is squirming under the whip
of Leader Levy. who Is endeavoring
to obtain the adoption of additional
charges against Sulzer. With practi-
cally no objection 1t sent to prison
James c. Garrison, the Governors
personal friend and adviser. because
he refused to answer questions asked
rim BY the Speaker Of the House. He
had been hailed before the House on
contempt charge. which grew out of a
statement that four Legislators had
sold their votes impeaching the Gov
ernor.
They were as quick to order the ar
rest OF Louis A. Sarecky, secretary to
Sulzer during the gubernatorial cam
paign, because of his refusal to an
swer questions asked by the Frawley
Investigating Committee. Sarecky did
not go to prison as Garrison did. how
ever. He escaped before he could bs