The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-10-14
JUDGE MTLLER'S POINT
Judge Cullen Says Delay Is
No Indication of Mem.
hers Views.
GOVERNOR SEES A FUTURE
II Oustcd Plans to STUMP the
state Next Month and Run
Again Next Year.


AtsANY. oct. l3.-lns;ead OF proceed
NnG toward verdict to-day tn. inn
p'drhn,ut court Unexpectedly halted tn
, allow Ia" lawyers 10 argue \ question OF
grave significance to both sides to.mor.
morning
Tie question is How shall the cour,
consider in ponderins the guilt or limo.
crnce of Gov. Sulzer the testimony which
Henry Morsenthau. Ainba ssador to Tur.
Key Duncan W. Peck. Superintendent of
Public Works. and Allan A. Ryan gave
\ for the prosecution"
This testimony reviewed acts OF tn.
Governor not mentioned in the impeauh-
u'ui articles. The conversations which
W. MorSenthau and Mr.. Ryan had with
N-. Sulzer took place after he was i'm
ptached. Mr.. Morgenthau testified that
ths Governor asked him TO BE easy on
ne. and TO treat the Amba assadors 81. 0OO
contribution as "A personal matter be-
tween you and me-" Duncan W. Peck
swore that the Governor advised him to
perjure himself before the Frawi.y com
mttee as TO Mr.. Peclis $500 contribution
to "po as ! shall--deny it," Through
Allan Ryan the Governors futile ATTEMPT
20 have William Barnes. Jr.. and Charles
=. Murphy stop the trial was revealed.
In the opinion OF many persons the dis
closures of the three witnesses hit the
sulzer defence its hardest blows. That it
would count heavily III tn. verdict was
obvious. Yet as members OF the court
epproached that verdict il was borne in
upon them that tho place of the tes,i-
lnony in the impea chmsnt articles had
not been fixed.
To Fit Testimony to Article.
tn. eight articles must be voted upon
one hy onc. Under what head should
hhe Ryan -Moryenthau-Pec testimony
ron,ec
Tics. three men save money to the
randdate. Did their testimony apply only
20 articles /, and t, relating to the Cover
n'r's false campaign statement and use Of
ampaisn money in the stock market" Or
,ould II be classed also as evidence that
- tried 10 suppress testimony and be APP
Piled to article 4. which is the suppress
sion article II so. would that article
rave TO he amended, and does the i'm
peachment court have the amending power
fT bII. Tue tsStinDiN. NulCU prepared tnt
articles.
These were points in the problem which
the court confronted to-day. First the
nine Court Of Appeals Judges considered
them in its own rooms at the Capitol.
Then they called in Robert F. Wagner.
president pro tenn. Of the Senate. and SEN |
ator Eon r. Brown. leader Of the Repub-
Lean minority. and consulted with them az
10 xdvis ahilitV aakinD ha ri
lawyers to argue the puzzling question. |
one Of the results of this conference |
Mas that the Court of Appeals Judges did
not reach the trial room until 3 o'clock. !
na1f an hour after the appointed time OF
opening to-days session. The other was
.at the court Immediately went into
s"cret session and for nearly an hour and
half debated whether or not the lawyers
should be invited to argue.
Asks Lawyers to Argue.
There was no roll call in this private
consultation. without dissent they agreed
mat Presiding Judge Cullen should make
mis- request, which he did when the doors
Nere reCp.ned to the gallery spectators
and newspaper reporters:
The court desires counsel for both
parties 10 argue further the question
WHISTLER the acts and conversations testi-
ned 10 bv Peck Moreentbau and RYAN or
'"er oi therh' can ne cohs'oere" as oe'hs
acts of misconduct for which the respond
ent can be convicted under Article I. or
only as corroborative evidence of the other
allegations stated in the charges; and
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