Evening journal., 1913-09-24
CRISIS COMES
TODAY in The
SULzER TRIAL
Shall Accused Answer for Of
Tense Before Taking Office,
The Question
DEFENSE HOPEFUL
OF WINNING POINT
BY JOHN EDWIN NEyIN.


Saff Correspondent of the United
Press.
ALBANY. N. Y, Sept. 24-The
crisis in the affairs OF William Sulzer,
elected Governor of New York State,
was reached today. with the conclu-
sion Of the argument of Austen c.
Fox. of Suffers counsel, insisting that
the accused could not be forced to
answer for offenses committed prior
to his taking the oath of Office. the
impeachment court prepared to vote
on this. the great vital question of
the entire trial. Enemies Of the Gov
ernor were openly confident that the
contention of the defense would not
be upheld. And his lawyers were
only hopeful, not confident.
The judges Of the Court of Appeals
discussed the question for a short
time in their chambers after court ad-
iourned last night. The authorities
suggested we're examined and il was
expected that there would be no de-
lay i'm reaching a decision.
There are no precedents upon
which this decision can be based. 1t
will write a new line into the organic
law. And because of this fact the
result was anxiousiy awaited by both
sides.
Should the decision be against Sui
zer, as was generally anticipated, he
will 90 to trial on all of the charges
contained in the impeachment articles
Should the decision be with the COVER
nor, the trial will proceed anyhow but
the big oifenses which allege perjury IN
swearing to a false statement of cleo
tion expenses and larceny in appropriat.
ing to his own use cash subscribed fol
the use OF his campaign fund.- would b,
eliminated All that would remair
would be the allegations of maladmini
stration and of influencing officials an,
others oy offers of political preferment
These arc charges. according to thu
governors attorneys, for which a per
feet defense is forthcoming and the,
also insist that they can explain ava,
the other allegations. but that the,
should not be compelled 10 do so in tn
, high court OF impeachment.
The trial will be opened for the pros
ecution by Eugene Lamb Richards. II
: will review at length the revelations {
the Frawley committee and its repol
] forms a good portion OF his openin
statement as prepared
I Secretary of State Nav will then 4
called for formal acknowledgement tina
/ William Sulzer was nominated an
elected and swore to a statement of hi
campaign receipts and expenditures.
! Alfred r. Smith, speaker Of the as
] sembly, viii swear that their impeach
: ment articles were adopted
g., Robert +. Wagner, president pro ten
Of the Senate, will attest that the al
ticles were presented to him and patric
T. McCabe, clerk of the Senate, will te.
tify that he served the articles ON Go,
crnor Sulzcr.
The first real witness as to the fact
will be Jacob II. SchiH. the New Yor
banker lie will testify regarding IN
check for $500 sent by him TO Sulzer o
October "a last. and the cancelled chec
| with the endorsements will be intr,
duccd. Abram !. Elkus and Henry MOI
,genthau will tell OF their $500 and Sl0C
contributions lsidor kresel, who ha
j. had charge OF arranging the case for th
= Impeachment managers, said today tina
d he had sixty witnesses, but that prol
k ably only fifteen OF them were impo
Y, tant.
+ Reports that private detectives ha
i turned over to Governor Suffers a
e tOrneys very important .evidenC
e Continued on Second Page)