The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1913-10-23

guilty by the high Court Of lmpeach-
ment on three Of the articles prefer
red against him. They were Articles
Nos l, 2 and 4. He was declared
innocent of the charges contained in
Article 3.
from office, but not disqualified from
holding Office in this State in the
future, unless there is a substantial
change in the Informal vote reported
to have been taken to-day by the
Court on these questions in secret
session.
For the same reason it was expect
ed that he will be found not guilty
On the other four articles still re-
naming to be voted on when the
Court adjourned tonight.
Glynn to Become Chief.
Lieutenant Governor Martin H.
Glynn, who has been acting Governor
since the impeachment of Sulzer, will
become Chief Executive of the State.
He is an Albany newspaper owner.
Robert F. Wagner, New York at
torney, will become Lieutenant Gov
ernor. He is the majority leader in
the Senate.
The vote on Articles 1 and 2 was
80 to IS. bare two-thirds majority.
The former article charges that the
Governor falsifed his statement of
campaign contributions; the latter
charges that he committed perjury
in so doing.
Suppressed Evidence.
The vote on Article 8, which charg-
es the Governor bribed witnesses to
withhold testimony from the Fraw-
ley investigation committee, was
unanimous in favor Of the Governor.
The vote on Article was 49 to IA,
six members changing their votes on
Articles l and from mot guilty. to
guilty" and two from "guilty' to
mot guilty" This article charges
that the Governor suppressed evl-
6ence by means OF threats to keep
witnesses from testity;ng before the
Frawley committee. Among these
was Duncan W. Peck, State Superin-
tendent of Public works, who testifi-
ed at the trial that the Governor had
asked him to commit perjury.
The secret informal vote to re-
move the Governor was said to be
43 to "A, the same as on Article 4,
and the vote not to disqualify him
was said to be unanimous.
Speculation Charge.
Article 6, which charges that the
Governor committed larceny in spec
ulating with his campaign contribu-
tions, was said not to have been sus-
tanned in the secret session by
vote of so declaring the Governor
mot guilty. to seven against him.
Voted not Guilty
Presiding Judge Edgar NJ. Cullen,
who will shortly retire from the
bench, voted mot guilty on every
article and rendered long opinion
in explaining his votes. The other
eight Judges of the Court of Appeals
were divided. On Articles l and 2
Judges Willard Bartlett, Emory A
Chase and William E. Werner voted
for the Governor and against him
voted Judges Frederick Collin, Will
liam H. Cuddeback, John W. Hogan,
Frank H. Hiscock and Nathan L. Mil
Ter, making a division among them
of 5 to against the Governor.
On Article Judges Bartlett,
Chase and Werner changed their
votes from mot guilty." to guilty, "
and Judges Hiscock and Miller chang
ed from guilty" to mot guilty,
making against him division of 6
to g.
Votes on Article 1 Explained.
Presiding Judge Cullen held that
the offences charged in Articles l
and 2 were not impeachable and that
the Governor neither falsified his
statement under the provisions OF
the election law, nor committed 'le-
gal perjury
Practically every member of the
Court explained his vote on Article l,
although those who voted in favor of
the Governor did not enter at length
into discussion of the merits of the
case or of the matters of law and
precedent involved, as did the others,
including all the Judges. The latter
filed with the Court lengthy opinions
in support of their votes.
One of the Judges, Nathan L. Mil
ler, who was designated to the Court
of Appeals bench by Sulzer, denounc-
o6 hin, &c stOt al1y unfit for Office -