Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-09-21
IN
BAT TIE To
STAY TRIAL
Of SULZER
Lawyers for Accused Governor
Fight Every Point Raised by
Assembly as Leader Levy Urges
Haste in Taking of Testimony.
Authority of Court of Impeach-
ment Is Questioned, While the
Right of Certain Members to
Sit in Judgment Is Attacked.

Sit in Judgment Is Attacked.
ALBANY. y. Y. Sept 2O.-Bitter
fights are being waged over every Ie-
gal technicalitv in the trial Of Gov
ernor William SuIzer for the "hign
crimes and misdemeanors" with which
an antagonistic Legislature, the tool
Of his political enemies, has charged
him.
The keenest lawyers Of the State.
among them the most eminent practi-
toners Of the nation, are arrayed on
the one side or the other. Suffers
attorneys are contesting bitterly every
point raised in the preliminary or
ganization; the advocates Of the As
sembly are doggedly resisting, and the
Assemblymen themselves, under the
merciless whip Of Majority Leader
Levy, are urging haste in the trial
But haste seems impossible After
two days of attempt at organizat ton,
the taking Of testimony has not been
started. and probably will not be be-
fore the first Of next week. The Gov
errors lawyers are determined that
every straw will be grasped in their
distinguished clients defense
! Courts Authority CHALLENGED.
They challenged first the organi-
zation Of the court which is hearing
| the charges, but their objections vera
| ovveruled. after lengthy argument ny
Chief Judge Edgar NJ. Cullen, Of the
Court of Appeals who is presiding
over the special impeachment court
They challenged Senator James J.
| Frawley's right to serve, and indt-
vidually contested the qualification ot
every member of the Senate investi-
eating committee as a member Of the
special court. In 'each instance they
lost.
They argued that Governor Sulze-
need not appear at the trial, putting
in a plea of special appearance"
Their objection in this instance, too,
was overruled temporarily.
After all this determined resistance,
the court of impeachment was organ
lied yesterday 1t consists of 81
members. OF whom As are Senators
and nine judges of the Court Of APP
peals. A two-thirds majority OF the
court is required to convict.
With the time near for the begin
ming of the trial proper, the ranks Of
| counsel for the defense are being
| Swelled by the retention of noted law
yers. Elihu Root, Jr, appeared late
yesterday The attorneys for the Cow
ernor, as filed with the court, are Mr..
Root, d. Cady Herrick, Irving Il.
vann, Harvey D. Ninman, Austen G.
Fox and James Gay Gordon. Counsel
for the managers of the Assembly are
Alton b Parker, John B. Stanchfield
Edgar 7. Bracket. Eugene Lamb
Richards, Isadore J. Kressell. Hiram
c. Todd and Henderson Peck.
The air of the trial chamber Is
fraught with a real significance, and
the spirit OF Eolemnity is evident
everywhere The lawyers bow low,
the Senators are visibly impressed
with the weight Of their duty, the
spectators themselves are silent, awed.
The thickly carpeted floor Of the
dark chamber gives forth no sound
funereal atmosphere is created. The
famed trial of Warren Hastings was
no more stately and impressive than
the hearing of William Sulzer, the
Peoples Governor"
Tammary Is vindictive.
Tammany is vindictive toward rR@
famous defendant. The Assembly In
session is squirrning under the whFP
OF Leader Levy, who is endeavoring
to obtain the adoption Of additional
charges against Sulzer. With practi-
cally no objection It sent to prison
James c. Garrison. the Governors
personal friend and adviser, because
he refused to answer questions asked
him By the Speaker Of the House. He
had been hailed before the House on a
contempt charge. which grew out of
statement that four Legislators had
sold their votes impeaching the Cow
ernor
They were as quick to order the an
rest Of Louis a. SareclCy, secretary to
Sulzer during the gubernatorial cam
paign, because Of his refusal to an
swer questions asked by the Frawley
investigating Committee. Sarecky did
not go to prison as Garrison did, hoNo-
even He escaRsd hGtors he could Sga