The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-10-02
Defense Taken by Surpriss
Pleads for More Time III
Which to Prepare Case But
are Denied
HOLD CONFERENCE
TO PLAN PROGRAMD
Discuss Procedure Until Far
into Morning---Moye Dismis~l
sal of Complaint as First Step
When Court Resumes at q
O'clock This Afternoon


/ ALBANY, n. Y. Oct. John B.
stanchfield stepped forward from
among the impeachment managers' Y
counsel at $50 o'clock this AFTER
noon, and said In a quiet voice that
seemed loud in the silent senate cham
Der:
The managers rest, If the presid-
ing Judge pleases."
Mr. Stanchheld bowed and resumed \
his seat In the galleries men and
women leaned forward. On the tenth
day of the Sulzer trial. after five days
Of testimony, the prosecution had f1n- y
ished It's case. save for rebuttai and ]
summary. The next move must como
from ex-Judge y. Cady Herrck, of tho
governors defenders.
May ii please the court" he be-
gan. I'VE were informed last night
by one e the counsel for the man-
ayers that they would probably COM
clude their case today. occupying, they
thought. about an hour, That took
US somewhat by surprise as wa
thought T. would last until tomorrow.
Judge Herrick then entered into q
lengthy plea for delay.
In Secret Session.
At the end of Mr., Herrick's plea
Justice Cullen expressed the hope that
some one would make motion in
connection with Mr., Herr!ck's plea.
Instantly Senator r. r. Brown was on
his feet with a motion that the menu
hers of tha-ceurt- have a cIasad sAa~--
sion and Judge Cullen seconded it.
The motion was then put and cars
rted. Everybody except the court was
expelled from the senate chamber.
The secret conference lasted Atty
minutes. Senator Buhmaei. esuszers
partisan in politics. tried to have
recess declared until Monday. His
motion was beaten, SO to IT. BY :
vote of ~ 70 7, it was finally decided
to eliminate the morning session to-
morrow, and to resume at O'Clock
in the afternoon. When the doors
were reopened, Judge Cullen said:
THE court has decided to adjourn
until tomorrow al o'clock ]; thinks
that at that time all the preliminary
motions should be made, and dis
posed of"
Judge Herr!ck asked whether or not
the defense would be compelled to 70
on after these motions had been dis
posed Of but Judge Cullen shook his
head and said;
We VIII deal with that when the
occasion arises tomorrow
For the last time Judge Herrick
addressed the presiding Judge.
did not know" n. sat., but
might get some Information as to
what we might expect"
If there is nothing fYrth~c to 10
done. crier. adjourn thn court unit
tomorrow MT o'clock, said Jndso
. Cullen. AMI that ended T.
At Judge Hcrrick's Home.
AT ml1nisht tonight the S,llzer Laws
yers were still comforting at Judge
Herrick's II me. One IF them sai.l I
at that time that no decision had been
is assumed that the first AMI prncsrsl
motion will be or a dish ssst If the n
complaint on the ground tina. tho
prosecution had not made out a
prtra facie case. II Is believed that
Judge Herrick. If the court rules
against him. Will then take up tina
impeachment articles one by one, and
ask that they be struck out What
else he can do the lawyers OF tho
prosecution cannot imagine. Theaa
motions Will require argument from
both sides II is probably safe to say
that SO much time will be consumed
by this that the defense will not b N
compelled to call its first witness to-
morrow.
Judge Herrick and his associates
absolutely refuse to say who theiH
first witness will be. The only hint
from them as TO who any witness will
be, was contained in Judge Herrickss
early one will be Louis A. Sarecky.s
who will say that the campaign de-
posts he made for Governor SulxNr
were all right, and that the governors
did not bribe him with the promise DE-
a better State job to defy the Frawleyss
committee.
For the prosecution the telling
testimony today was that of John
Boyd Gray, of the brokerage firm o4 4
Fuller & Gray. After two weeks o4
vain search he took the stand thin
morning. said he had been at his New
York office every day. and admittcd
at near the end of nearly two hours
questioning. that account No. 5000
with his firm. carried by Frederick L.
Colwell. was really William Sulxer'A ~
Fuller Makes Statement
At the opening of the court today
ex-senator Human got a hearing for
Melville r. Fuller, who testified the
day before and who wanted to makAAs
a statement concerning his testimony
them He said:
There appeared in one of yester-
day evenings papers In large bold &
type. front page headlines. the fol-S
lowing: Tells court stock book en-
tries have been juggled. In anothersN
$4,000 Sulzer loans In Wall Street
books. doctored. new charges. I nov
present these newspapers fer the III
spection of the court. III
Now, II these statements W0HM
true Il means absolute ruin To MN3
and my associates in business. A. weal
/ would like 10 state that my D003