New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-30
Prosecution Unable So Far tc
Connect Governor Directly
with Certain Alleged Spec
ulative Accounts Found
in Books of Brokers.
MANAGERS CASE NEARLY IN
Only Little More Testimony to Hear
Relating to Contributions and
Stock Market Accounts, and
Defence Will Begin to Call
It's Many Witnesses.

Albany, Sept. 29.-When the High
Court Of Impeachment adjourned this
evening It was conceded that the days
proceedings were distinctly favorable
to Governor Sulzer.
This was due not so much to the
character Of the evidence heard as TO
the action Of the president OF the court
in enforcing the rules OF evidence, and
thus excluding testimony tending 10
prove that the Governor had used his
office in an endeavor to make corrupt
political bargains.
President Cullen's ruling barred tes-
timony to show such bargains with AS
semblyman Patrie. Of Greene County;
Assemblyman Sweet, Of Oswego Coun-
ty, and Assemblyman Prime. OF Essex.
The legislation had 70 do in each case
with certain improvements, highway
and bridge. which the Assemblymen
advocated in bills subsequently passed
by the Legislature, TO which they were
desirous Of getting the Governors sig
nature. In the Patrie case. however.
TO charges were brought in the arti-
cles OF impeachment, and It was on this
ground that President Cullen threw the
charge out of court. The Patrie case
was first mentioned by Eugene Lamb
Richards in his address opening the
trial for the Assembly managers.
Sweet Advised by sulzsr.
The Sweet and Prime cases were
specified in Article Z of the impeach-
ment, where il was charged that the
Governor had vetoed in one case and
signed in the other the bills OF the two
ASSEM- blymen. One had failed to sup
port the direct primary bill and the
other did so after consulting Sulzer,
the managers charged.
Assemblyman Sweet testified to-day
that when he went to see the Governor
in regard TO getting his bill approved
he was asked whether he had voted for
the direct primary bill. which has been
defeated in the regular session Of the
Legislature.
"I told him l voted against IT," said
the witness.
The primary bill was 70 come up
again at the extraordinary session in
July, and the Governor wanted to know
how Sweet purposed TO vote at that
time. Sweet said he replied: Accord
ing TO the sentiment and in the inter-
est of my district"
To this, according to Sweet, the Gov
ernor replied with advice TO see his
personal counsel, Valentine Taylor.
"and smooth him the right way"
Did you smooth him." asked Edgar
T. Bracket. Of counsel for the tna-
peachment managers.
II didn't have to-" replied the wit
ness.
Not a Corrupt Bargain"
Sweet then explained that Taylor
had sent him to John II. Delaney.
chairman Of the Department OF Eff
cheney and Economy, and submitted TO
him a brief showing the need OF the
legislation proposed in his bill, and
that Delaney prepared a favorable re-
port on II.
What happened TO your bill7" asked
Bracket.
"It was vetoed" replied the witness.
How did you vote on the primary
bill at the regular session."
THAT is objected to-" interrupted ID.
Cadv Herrick, of counsel for the de-
fence.
I'VE anticipated argued Hiram c.
Todd. for the impeachment managers,
that tie fact that the witness did not
smooth Mr.. Taylor the right way had
some bearing on the question.
"Obiection sustained" ruled Presi-
dent Cullen. He has already said he
voted against the bill, and u this wit
ness was already against the bill II
showed he did not receive the price OF
a corrupt bargain"
On practically the same grounds
Judge Cullen held that the charges in
connection with the Prime case we're
likewise invalid. The difference was
that at the regular session OF the Leg
islature Prime did not vote at all.
Judge Cullen also ruled out all evi-
dence intended to show that the pro-
posed legislation Of Assemblyman
Sweet was for the public good.
Courts View of Laws.
Courts cannot consider legislation"
he said, except from one point OF
view, whether 1t is constitutional or
not. When II is constitutional the
question of the propriety Of the legis.
lation is exclusively for the Legislat-
ure The gist Of this article does not
relate to whether the bill was q wise