The Barre daily times. (Barre, Vt.) 1897-1959, 1913-10-09
His Attorney, Louis Mar
shall, Opened Argument
for the Defense
FOLLOWING SUDDEN
END OF HIS CASE
Neither Impeached Govern
or Nor His Wife Was
Called to Stand

Albany, N. ", Oct. 9.--The final argu
ments will hold the stage in the Sulzel
impeachment trial for two days, begin
ming with to-day's session. Each side
is allotted five hours, practically ful
days session, for the summing-up ad
dresses. Louis Marshall, counsel for th'
defense, opened when the court convened
this morning, to be followed by Judge
Alton B. Parker for the board OF man
ayers The final speeches tomorrow are
expected to be made by Judge D-Cady
| Herrick for the defense and John b
Stanchfeld for the managers.
Attorney Marshall opened his speech
to-day with an eulogy of Governor Sui
zer and then dwelt at length on the fact
that the three principal charges againsr
Sulzer relate to acts or transactions oc-
curing before the respondent assumed
the Office of governor.
Sudden End of Defense's Case.
The defense rested late yesterday
without calling either Governor Sulzer
or his wife to the witness stand. Ac-
eording to Mr.. Herrick of his attorneys,
Governor Sulzer decided not to defend
himself in person because he did not
want to be placed in the position OF
shielding himself behind his wife, for
it was for Mrs Sulzer, according to
the testimony, that the governor had
his Wall street dealings
Judge Herriek said last night that
the governor had heard from many
quarters, including Washington, that
"any man who would shield himself be-
hind his wife ought to be removed
The sudden announcement that the
case for the defense was closed, which
came late in the afternoon session, Gre
ated q profound sensation in the court
room. Many had confidently expected
that both the accused executive and his
wife would take the stand. Only few
days after the trial began Governor
Sulzer told newspaper men that he
would positively appear in his own de-
fense. He said that at that time he
would tell an astounding story that
would force Charles f. Murphy TO take
the stand in his defense also.
In preparing for this story, as well
as that expected from Mrs. Sulzer, coun-
sci for the impeachment managers had
in reserve half or dozen more wit
nesses whom they hade expected to put
on in rebuttal. Mrs. Sulzer, they anti
cipated, would take the blame for the
governors stock speculations in Wall
street, which the articles of impeach-
ment charge he conducted with unre-
ported campaign contributions.
Two of these witnesses were called be-
fore court adjourned yesterday, but
Judge Cullen excluded their testimony.
They were George w. Egbert, bank
examiner in charge of the books OF the
now defunct Carnegie Trust company,
and James c. Miller, an official of the
Fifth Avenue bank of New York. Egg
ney Kresel said, that would controvert
the testimony that Mrs. Sulzer had an
account in the Carnegie Trust company
or that the company had loaned the
governor money on securities owned by
her and deposited in that institution.
"The Carnegie Trust company's books
will show that Mrs. Sulzer had no ac
count there at the time" Mr.. Kresel
declared.
BY Mr.. Miller, Kresel continued the
proposed to show that Mrs.
Sulzer had an account in the Fifth Ave
nue. bank during the campaign of 1912"
He learned later, out of court, that Mrs.
Suffers balance in the Fifth Avenue
institution totalled "about $500 early
in October, 1912, and that it had in
creased to more than $4,000 by the end
Of the succeeding month"
Judge Cullen held that the introduc-
tion of their testimony would inject
new evidence and reopen the case"
The closing of the taking of testi-
mony by the defense, which began only
Tuesday morning, was announced by At |
torney Herrick Immediately after pre-
siding Judge Cullen had refused to ad- |
NIT into evidence story of alleged |
graft, involving Duncan w. Peck. SUI
perintendent of public works, who tes-
titled earlier in the trial that Governor |
Sulzer had asked him to deny under |
path that he had made a $500 campaign |
The exclusion of this testimony prac- |
tically placed the crux of the governors |
defense on the story of Louis A. Sar-
acky, the governors campaign secre-
tary, told Tuesday, in which he assumed
The blame for the governors failure. to
report his campaign contributions.
Yesterday John b. Stanchfield put
Sarecky on the stand and continued /
throughout the morning session and
BART of the afternoon, searching cross
examination in an attempt to discredit
his story.
1t was a battle of wits. Imperturable
md serenely poised, the governors
youthful looking lieutenant parried the
lttacks of his inquisitor, thrust for
rust. Many things he was unable to |,
'emember.
In addition to again insisting that
he governor had no knowledge that his
statement was inaccurate. /,
Sarecky testified that Notwithstanding
general knowledge of the laws de-
eribing a strict accounting of campaign
moneys, he had destroyed all documen-
airy evidence relating thereto.
Hary,, IJ;lID,an's ca1I for LyI - IL