The Sentinel=record., 1913-09-24

articles of impeachment charge him with having received at least $8.50O of which no mention is made in the sworn statement
 The preliminaries disposed of, The managers are planning to center their fight upon the three articles first, second and sixth-having to do with the governors campaign contri. buttons and his alleged use of the funds in Wall street, if the court rules they may be considered. These charge perjury, fraud and larceny
 The managers expect to prove all three by the testimony of the same witnesses. Each of them list the names of II contributors no. men. toned in the governors campaign statement all of whom will be called Bankers. brokers and their employees will be asked to tell what they know of the executives alleged dealings on the stock exchange. It will probably be a week before this line of proof is completed.
 Louis A. Sarecky, who was the governors campaign secretary and handled much of the fund, has not yet been subpoenaed, the assembly managers counsel announced to- night Sarecky refused to testify be- fore the Frawley committee when it was unearthing the testimony on which the impeachment was based He called up Governor Sulzer Sun. day night but since then managers process servers say they have been unable to locate him.
 Today's session of the high court was about equally divided between efforts of the governors counsel to convince the judges that the articles dealing with campaign contributions should be dismissed and the argu- ments of their opponents that they were rightfully included in the i'm peachment charges
 ID. Cady Herrick fired the opening gun. He was followed by Harvey D. Hinman, who presented the brief prepared by Former Judge Irving c. Vann, the latter being prevented by illness from appearing in person.
 Former Senator Bracket led the defense of the articles, and was sec ended by former Judge Parker and Isidore Kresel. Austin c. Fox of the governors counsel had not com pleted his argument in rebuttal when court adjourned. Elihu Root, Jr., filed a brief upholding the conten- tions of his colleagues in the govern! ors camp.
 The principal contention of the governors side was tha. the acts spe- cified in the three articles objected to were committed, if at all, while Sulzer was a private citizen. The opponents argued that they were so intimately connected with the@f office it would be impossible to separate them.
 "The managers here" declared Mr Bracket, want to stand broadly upon the proposition that a man may be wholly unfi. for governor of the empire state some little before he is really ripe for states prison. The dividing line between the two-,be tween ripeness for the states prison and qualification for the governor ship-is broader than tha..
 q want to stand for the proposi- tion here and now that if at all Wlthln the power or Jurisdiction of this court or if in any way compe- tent t should brush aside every con tention that stands between the gov ernor of the state at the present time and his opportunity to come here and be cross-examined, make a defense 1 affirmatiyely and demonstrate that | he is a fit and clean man. It would l be doing to Governor SulZer himself |! the greatest good that can come to | him during the term for which he l was elected"