The sun. [volume] (New York [N.Y.]) 1833-1916, 1913-10-03
Governor Must Fight Every
Charge Before the
Final Vote.
SARECkY FIRST WITNESS
Defence Is Forced to Call Him
After Much Fencing Be-
tween Lawyers.

ALBANY. pCt. ---ine nrSt witness Tor
William Sulzer will take the stand on
Monday afternoon. The impeachment
court was adjourned to-day to . o'clock
m tha, day because Judge Cullen cut
short the argument ON a motion OF the
defence to strike ont Ave OF the eight
articles. D-Cady Herrick said II would
he impossible to begin testimony before
Monday.
Undoubtedly the first Of GOV. Sulzer's
trends TO testify in attempted refuta-
ton Of the charges OF perjury. larceny
and bribery will he Louis A. Sarecky. the
mild appearing young man who as con-
ndential attorney was a depositor of the
candidates campaign checks.
The prosecutors lawyers will handle
examination. Next to Gov. Sulzer's own
story and that OF his wife. II she ap-
PEARS. Sarecky's recital promises to sup
Fly most of next weeks fireworks.
Judge Herrck, obviously pleased by to-
days adjournment, said that the defence
would move rapidly when 1t got started
and prophesicd that the end of next week
Wpuln See tne eNu OI tHe tTtdl.
The nervous breakdown of Harvey d.
Hlnf,an, who is scheduled to make the
opening plea for the Governor was one
e the reasons advanced by Judge Her
tick for taking a recess until Monday
II Mr.. Hinman does not improve his
TASK probably will he assumed by Aus
len q. FoN.
Defence Lost Heavily.
Technically the defence lost heavily
'u.cav when Judge Cullen ruled that de-
us,ou ~ TO striking out articles 3. =. ..
aud -vrust be deferred to the close OF
,Ae trial In effect the presiding judge
said that every bit of evidence the prose-
,ut.on has set forth must be met by the
other side and must be taken into account
when tn. members of the court confront
The final qu, stion. Guilty or not guilty?"
Judge Herrick and his associates exc
pected this. Apparently the ruling even
pleased them. one Of the group said;
1t would have taken only a majority
f0,. if the ruling had been submitted
hy Judge Cullen to the rest of the
court to beat US. Now there will be
only one vote. and that the last one
In the minds of the judges at that time
viii he not only the matter OF how
me Governor has answered the charges
hut the question as to the validity of
the charges themselves, but also As to the
mpeachability OF the alleged offences
And the required vote for conviction 10
two-'hirds, not mere majority
To-day debate OH Austen q. Fox's
motions to expungc some Of the testimony
and all the five impeachment articles not
mentioned IN previous motion Of the
same sort was marked both by unexpected
brevity and by the sharpest colloquy be-
tween tn. lawyers that the high court
mas heard
Hcrrick's Plea for Delay.
When Judge Cullen decided that there
VAS no use arguing the motion to strike
OCT the five impeachment articles ex-
Judge Herrck seemed confused. Pres
emily ne said.
we are surprised. We are not in
condition to 20 on and renew my motion
!or posrponement Of this case until
Monday told you yesterday that one
Of my associates had broken down. He
IS stll worse now. 1t IL impossible to
proceed
BY adjourning until Monday you lose
only four hours tomorrow and i believe
I've can proftably employ the time in
sucA a way as to shorten the trial. 1t
"oulI be useless to go on tomorrow with
one or two witnesses possibly. The most
important one we want to lead of with
We cannot procure to-day. He IL away.
and | most earnestly ask in Justice to
ms respondent. in justice to counsel. that
We he granted a short delay
Judge Cullen replied that there was
no disposition to be unduly insistent, but
= was the wish Of the court that all
preliminary matters he got out Of tho
way 80 We can get right to the orderly
Ua' of the case"
cannot do it now. You have seen the
peaded Judge Herrick.
Judge Cullen thought q moment then
sad
! am inclined to Think under these
circumstances. there 10 merit N tho ap-
ptation.'
Tn. court adjourned to Monday sftsr-
noon.
. E,o"crates Harris 4 FsIIer.
N"1i' had Just opened at 2 o'clock this
n"efnop1 when Isidor Kresel read his
sn"'""e honorable to Broker Melville b.
'U'"'' The statement was:
'n h'nalf of the board Of managers We
"'S"' 10 make the following statement
'H reference 10 an entry under date OF
''enln'' 30. 1912. appearing In tho blot
y" or Aessrs. Harris 4 Fuller In connec-
% ,w' "''h The account Of the respondent. |
"..nm SuIzer.
nh'' NJ Fuller testified counsel for
mdh'H"rs and experts employed by
,"'" Na'" mad submitted to them various
'o'AS ana papers of the arm Of Harris L |