Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1913-09-19
SULZER ON TRIAL.
Continued from Page one.)

ceedlngs was focused on the expected
iesa. battle over the right of the chal-
ienged senators to sit as members of
the court.
The defence contends that the men,
oers of the Frawley committee, hav-
Ing uncovered the evidence against
the Governor should not be permitted
TO assume the dual role of prosecutor
and judge.
The Impeachment court as constituted
today. numbered 81, of whom As are sem
ators and nine are judges of the court of
appeals. Judge John Clinton Gray. the
10th member of the court of anneals 10
In Europe, but is expected ia return no.
lore the trial is completed. Senator John
c. Fitzgerald of New York. who was
absent, today, on account of illness, is
also expected to return within n few
days, so that by the time the first article
of Impeachment is submitted to vote it
is expected that with all present the
court will consist of SO members. In that
event it will take 40 votes, the two-thirds
majority required by the constitution to
convict.
scores OF witnesses are under subpoena
to testify. At least so will be called to
establish the case of the prosecution, the
managers assert, and it is believed that
as many will be called by the defence.
Louis A Sarecky secretary to Mr.. Sui
Ter during the gubernatorial campaign,
wanted as one of the star witnesses for
the prosecution, is missing.
Additional charges against the govern
or have been drafted by the board of
managers of the Assembly which il was
expected would be considered by the
House, tonight. if a sufficient number of
members We're in attendance The new
articles. said to be two in number, were
reported to contain, among others.
charges of alleged usurpation by the
Governor of the functions of the execu-
tive office. 1t was also proposed to
amend the text of certain of the eight
articles on which the Governor stood i'm
peached when the court convened to
meet technical objections raised to the
language employed
Majority Leader Levy moved a close
call of the House soon after Speaker
Smith had called ii to order, tonight,
and the sergeant-at-arms was instructed
to round up the missing members The
early indications We're that another all
night session was in prospect
The Assembly was in session, until
long after midnight, and there was
little prospect that action would be
taken, tonight. concerning further ar
ticles of impeachment against Gov.
Sulzer.
Friends of the Governor declared
that votes were lacking to put through
the proposed program.
Albany, y. Y, Sept 1S.-The high
court for the trial of the impeaeh-
ment of William Sulzer, governor of
New York state, held its first session,
adjournment was taken until tomer-
row morning in order to permit the
drafting of rules and methods of pro-
eedure to be followed during the re-
mainder of the trial.
AS had been expected, counsel for
the impeached executive objected TO
the senators, who Berved on the com
mittee which unearthed much of the
evidence, resulting in the impeach.
ment. sitting in judgment upon the
governor They also objected to Sem
ator Wagner. acting Lieutenant Gov
erner, becoming member of the
court
Notwithstanding these objections
the senators were sworn in, Chief
Judge Cullen announcing the points
raised would be considered later
1t was also determined that Judges
Miller, Chase, Hiscock, the three des-
ignated members of the court of APP
peals. would be permitted to serve on
the high court along with the elected
judges and the members of the Sen
ate.
Governor Sulzer was not in the
courtroom. When he was called to an
swer the charges preferred by the AS
lsembly, Judge D-Cady Herrick, ms
chief counsel, announced that 1t was
the Governors desire not to appear in
person but to be represented by his
attorneys.
Prior to this Judge Herrick had
flied a written notice that he and his
colleagues would file certain obJec-
lions. The nature of the objections
were not specified.
Dignity and solemnity marked the
entire proceedings in the Senate cham
| Der, transformed into a temporary
courtroom In front of heavy maroon
colored draperies Chief Judge Cullen
| of the court of appeals directed the
session. Directly in front of him We're
the opposing counsel, and to his right
the Assembly managers. In the nrst
row of seats sat his colleagues on the
court of appeals bench, robed In their
black silk gowns, while the remainder
of the floor space was occupied by tue
desks and chairs of the senator's.
| The galleries were filled and OUTSIDE
| in the corridors hundreds anxiousiy
awaited an opportunity to get a peep
| into the interior.
The announcement that objection woulo
he made to Senator Wagner's sitting as a
| member of the high court came as sur
| nrise not only to the senator but aiso
| to everyone in the courtroom, with the
| exception of Governor Suffers legal al
| visers. They would not disclose the rea-
son of their proposed objection. Counsel
for the Assembly managers had expect
oh challenges to Senators Frawiey
| r...~o,oar Sapper and Brown men,