The Washington herald., 1913-10-11
SULzER TO KNOW
HISFATE MONDAY
Governors Own Attorney
Flags Him in Summing
Up for Defense.
UNFIT" SAYS HERRICK
Prosecutions Counsel Use Rough
Edge of Tongues on I'm
peached Executive.

Albany, n. Y, Oct. 1O.-The trial Of
he impeachment of Gov. Sulzer ended
'oday. With the final admonitiOn of
Presiding Judge Cullen not TO permit
my one to approach them or discuss
the merits of the case, the fifty-seYen
members have gone to their homes, to
return Monday afternoon at 2:30
o'clock. At that hour the doors of the
courtroom will be locked and the ''pri-
vate. consultation at which the fate of
Sulzer is to be decided will begin. The
verdict is expected late Monday night.
The firm belief OF the Impeachment
managers is that Sulzer Will get no
more than eight of the twenty votes
necessary to save him from conviction.
Sulzer himself realizes tonight for
the first time the desperate straits he
is in. His supreme egOism was shocked
by the declaration OF his counsel. d.
Cady Herrick, that he was defending
the honor Of the State, not Sulzer,
whom he characterized as one unfit,
Of low ethical standards, prone to ego
tism, and TO consider creatures Of his
imagination as to facts"
Counsel Flags SuIEer.
Throughout Herrick's three-hour ar
Eument were oft repeated expressions
Of contempt for Sulzer. He declared
that Sulzer was merely an incident, and
that the fight was for the honor Of
the state. He concluded with a per-
sOnal appeal to Chief Judge Cullen not
TO put an indelible stain on the his
tury of the State by voting to sustain
the Impeachment. He added that he
did not defend the morals or private
life OF Sulzer.
Sulzer is tonight smarting under this
attack by his own counsel. He wants
TO give out now the statement which
has been prepared to be given out after
the verdct-the statement which he was
deferred froIN making under oath in
court. SulZer counsel feel that such
action would be worse than fatal, and
they are keeping close watch over him
to prevent it.
Former Senator Edgar T. Bracket
made the final argument He held the
court and galleries in a spell as he pic
tUred Sulzer as a self-confessed "thlef
made rich by campaign contributions
except as he made himself poor by his
antics in Wall Street"
Says Disgrace Is Suffers.
An acquittal to this man upon this
evidence would be A wretChed gift in
deed" continued Bracket. Think Of
the position in which he would he
placed by such a verdict Dead for
ever among honorable men. cut off
in this record from ever again strik-
ing hand in friendship with those who
devote their lives to lofty purposes.
knowing full well, appreciating TO the
utmost the degradation that must come
and the disgrace that must come upon
this unhappy man by your verdict OF
guilty, 1 still beg you not to think that
you will mitigate his punishment by A
Judgment of acquittal of the charges
here proved"
In his plea that Sulzer be acquitted on
the ground that an official may not be-
impeached for acts committed prior to
taking Office, d. Cady Herrick said:
"A man may be unfit in some respects.
He may have committed indisCretions, or
worse. in his private life, and yet we are
to judge of him, as a public official, by
what he does in public Office and in no
other way.
Some of you are members Of a pow
erful and imperious political Organiza-
ton that has kept the respondent in pub
lie life for years and which has placed
him where he now is in more than one
respect. Differences have arisen between
that organization and this respondent
Many of its members believe him to he
umgratefuI and dislOyal. Who is right
and who is wrong. | know not Whether
the allegiance and loyalty demanded by
that organization came in conflict with
the allegiance and loyalty that he owed
to the State, ! know not Whatever the
causes of these differences may be with
that organization. you are bound to dig
regard them. He is not on trial for dis
loyalty; he is not on trial for ingratitude;
and you have taken solemn oath to
try him impartially upon the charges
here brought against him and nothing
else
Then there is another class Of judges
with whom he has had personal COntro- |
veIsies, toward whom he has used abu-
siye and threatening language; some of
YOU, he said, he would drive from public
life. l have no justification for the Ian |
Euage used; it was wrong.
He is not on trial for unfitness for
office. The people passed upon that.
while I am not a defender, gentle |
r:en, Of the ethics of keeping campaign !
contributions by a candidate, l am not |
a defender OF the morality of that thing, !
or the good faith: l am not a defender |
of persons who will consent to receive |
campaign contributions in any large |
amount; but all those things are a mat
ter of ethics, a matter of good taste, and !
possibly of good morals. But, If my con-
tention is correct, you cannot impeach |
md remove a public official because his
ethical standards do not comply with |
Tours; you cannot impeach and remove
Mn4harSe Advice