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= i y as i } ' { hation of the charges contained in these that, inasmuch as there was some doubt as to the lity of the im- peachment, it hie duty sot to gurrender the functions of his @Mice until that qnestion had be G@otermined.. After the decision of | committed wefore ke became ouch an official. | ALLEGED OFFENSES NOT OFFI- CIAL ACTS OF SULZER. | The act» alleged in the frst, ond nd xixt esr He 1 hee Mr. Justice Maabrouck he © Ww | ates ne a Ue ent sere Soa Ss to uns wauasy Foe us te 3 ofi-lal and are 5 cognizable by @hat he will not perform any in the fatare until the termination of thie trta.” By this recognieing the fact that Lieut.-Gov. Glynn | acting Governor the Sulzer lawyers make it practically impossiile for the Assembly to furtl impeach ernor by allexing shat | 18 He usurped the powers of the Governor ship. HERRICK DEMURS TO THREE ARTICLES OF IMPEACHMENT. But even then (ie foal hour o Was postponed, Judge Herrick 1 posed one more challenge to the of proceedings He demurred a tree articls In the impeach first, second and #ixth counts indictment, which contain against the Governor in re! campaign funds and Wali street denis, and the day was devoted to for battling of learned counsel on ‘his legal contest, Until this point is seiticd the Governor can still postpone the day of answering guilty or not gudiy. The first article charges Wilitam Sulzer With filing @ false statement of auntri- butions to his campaign fund while a candidate for Governor, in violation of the election law, J article makes the same but in Violation of the penal law, and of perjury in making oath to the aorrectness of such statement. ‘che sixth article charges lareeny the defendant in having converted appropriated to his own use campaign tions made to him by various pu lau vot jy by 1EMANDS THAT LIMIT BE PUT ON CHARGE: “The Assembly in preferring articles of Impeachment and tie trial of impeachmenta eald Judge Herrick, “ure bots doverned by laws of the e law of the State ix (hut puvile officls be impeached ‘for wilful Misconduct In office.* “Tn asking that those articles be isminsed, we are aot endeavoring te chield William Sulser from Guswering the matters therein set farth. Sooner or later must do oo either here or at the bar of | public opinion, and when that time eomeoo—whether it be here or else- where—we have no apprehension ‘but what those answers will be full and sufficient. “While we are concerned for Mr greater and higher oft, can only several articles, SAYS RULING WILL HAVE W:DE- SPREAD EFFECT. “We are concerned for the proper ad- ministration of the law. We are con+ ed for the Governor of the Stat all other executive officers who are subject to impeachment, for the prece- Jent now to bo set by you will not omly control” aN futuFe proceedings in this State, bub will be vastly influential in controlling and directing similar pro- ings in every State of the Union. “It fe claimed, as we understand, that inasmuch as the conatitution merely 's " provides that the Assembly shall have Na the power of impeachment and in Pro © vides for w court to try such Impeach: é +an Impeachable offense mente—without stating for what causes impeachments will tie—that there is no limit to the causes for which the As- bly may impeach and no jimit to the Juriediction of this court in determining the causes for impeachment. “In other words, that there Is no law governing thia tribunal as to what ia except its own determination—that it is a law unto iteelf. If that be the law—if the As- ainbly can impeach for any cause that jt sees At, for acts done by an oficial during his term of office, ag well as for) “When at the next reguiar the Lewislature the Senate senda ite committee to notify WOULD PUT EXECUTIVE AT MERCY OF ASSEMBLY. “If you are simply called upon to determine to whether such accused official has in fact committed the acta alleged in the articles of impeachment, then the executive department of the Government is at the mercy not of the Negialative tment of the gove mont but of @ single branch of it. “If you are to determine as to whether the act, if committed, is an imp able offense, we ras) wily ub: that there must be sume law governing your action by which !t may be deter mined whether in truth and in fact an impeachable offense hus been commit. un “The power of i:inpeachment without ‘any Hmitations may be used to remove @ Political adversary for differences of political opinion. “im my own time I have wit- wessed such public political feeling that honest mon believed that they woulé be doing their country o service im removing from public @fce officials holding adverse po- Utica) views from their own. Some Umit must be fixed for this great power, otherwise, in the last as- and not of laws. ing “No case of sinpeash in thin coun | fea, not bilan affiicts Ne must not hi anything in the him wreat mass of a woinr einen aut “From the time a person ts nom- imated for office he comes the directions of the law. his ela at | 1aw an to | to wilful and corrupt Ne office and not to extend It further than it has ever before been extended in this country or in England for over two hundred years, #0 am to include {impeachment court for the first time offennes committe | nen before he became @ public official. “L cannot, J will not belleve that thm) siding Ju 6 ‘*, t him, who lias and declared him gui | ing or who Is actuated ing or partisan animosit cused ix found guiity of the felony | clarged against him, his removal from oMfce follows.” ge Herrick cit 1 of Brooklyn trial | from office by the Go committed partly before en and part! corrupt agre | Make certain appoln The ca pin utive power of re courts would not in O'Brien, in his separate opinion, sald: “There must be a charge of nome offictal misconduct on the part of the officer.” the nearest citation t quer: taking office that In concluding, tion of act# be! Judge Herrick cou Judge Herrick said “Thin court shoutd so Interpret the hable offenses nduct in pub- of » confine the punishment re Jury y witha ye A the cas wh thereafter nt Guden ore el Judge and th the orfere, And nfine impe by a@ priva the law beyond place the honest ty have erred Kmatiers and purpore nduct in-office only, itizen.”* jertlok and when, vente in return for | nt to the Court of Appeals, where thire was divided opin- ton, The C! did not consider whether the committed before or after entering of decision on the Sround that the Governor possessed ex- wal with which the But Judea majority cla were te what 19 during a ‘period of public Herrick wax makin weandal | every one, otherwine, but will of iinpeachment to! f 1 from sn unfaithful public ofMetal | 4, the accuned where no {upon him who vwaKed In procuring evide judged his care for acts ng offic great court will et a precedent that) porting framework will extend written and whe of mia the| leaving brief also upheld the content! made by Judge BRACKETT ASSAILS SULZER IN REPLYING TO COUNSEL. may m. “When the members of the High Cours of last resort sitting in, and ® part of, this august tribunal, come to the courtesies of the next holiday season, must they feel that they are clasping hands with a por- Juror and a thief, because the ad- mitted perjury and larceny were Committed fifteen minutes before 18 o'clock noom of Jan, therefore he cannot be impenched for thelr commission, whereas, if Committed fifteen minutes after Boom, he might be? man ts try has been # public of | con ficial haw been impeached for offenaen | auty committed pri his aasainption of | date is oMce All ure cases of misconduct in yy ar office, ae “Te oth Of political strife and ani- the passions of , When the pursuit of was merci- the English @peakiag world bus there been an Gttempt to remove a public official trem his position by impeachment ne to becor i ree, but th arged with erime (roveray that has raged round the point | ist be charged against | a mere vivlation of duty whether erin the offend {a not here a! “The defensy resi least, Upon the proposition that crimes are charged against the defend- ant, they are not crimes committed dur- ing his official term, nor rela the dutle: criminal charac be Brackett Board of tmp “Me of his office, Permitted to send and be allowed to ING FOR PARDON. Vhen it comes to t the aw pract @ candidate ® certali dread with the Just judged boy W criminal with ht stiona are free rom mon © committed ort for al vohation —w rity, ing to become one, and ia ord fe required to conm- form to the directions of the atatute, “There has th office whal We may pawn yipt parent DEFINES THE PROVISIONS OF LEGISLATIVE ACTS. on ints received b penditures ws fee fences alleged to have boom | shall take the official valh as Goveruor | vette! Pi praetioes legis ow 1 statement mv ani required Mods attacked af the Ret, President prot » tral for dine . nor for lack of dig- surable boastings. e may be offensive to the last y ure not in the charges | Ho the con-| W large part at! w ad, therefore, not be impeached because of e Governor of the State that it is convened, must the m sage be taken to a criminal or one with ristics? And must auch Houses of the Legislature hin views on public affairs or di fault, Venlal offense that humanity, me, ture of erime thaty ith Ht and God feariue over whom for a (ime Me is Bot yet am officer, but he ts seek- 1 ente eh it language to may that | makes an officer of! t the nar vivant Gov, sion of pprove Prove legislation here passed? CITES CASE OF CRIMINAL ASK- ue of t the criminal feet | S ADPIYINE Low fellow eriminal ve or pardon, and, if dented, feeling unclewn naelf : clr oWm ANAWer, None of these things must be nor can. “He who exercises the functions of this great office must himselt be clean wearily News of every our fe pith ein a cand Onary tribunale of justice HM! fusion © crimes committed while | | ile to 13, ana the not but is been profiaed to tie) at official yea THE EVENING WORLD, ——— ! when inaug of receip expenditures is just ae much @ violation of nd the commission of a crime ie nothing of effort to convict the defendant of wing. ‘Tie world hates a jiar, but it at for lying that we ask conviction of Willuint Sulzer, Ty porsuance of the imperative hreetions the statute ca bamed on the seundes Charmed with Gling a file mitritutions mete t a0 he violated tie Lew a erhine, Appended ty tt iment, thus filed, ina aworn to before at eines of trite, wtiesting s statement Is tot here had ag t the crime of perjury eilcated upon thin falee atti had on another phase of the another counsel than now argue Whetior guilty of legal perjury Whether, on a quibble that finds ite congenial atmosphere at the Old Bailey or the" ‘otic Court, he eliall ex Ape Judwrnent of that loatiaame crime le Jutended to commit perjury, and believed that he waa committing it, In subsoriving tin oata. “All the blacknese of heart, all of Intention to do wrong, ail the revela+ fons of infamous character that are demonstrated by a legally falxe oat are demonstrated by this intention and by the certificate iteelf-—the violation of tho statute designed to prevent cor- ruption at the polls.” MISHAP CAUSES COMMOTION IN) COURTROOM. Several small incidents occurred to-day interrupting the stately solemnity of the A art of the heavy tapestry hanging on the wall over a door clone beside Ire- jee Cullen fell with ite sup- crash, coming while Judge one of hin most in argument, startled TA . RMAN BARNES, | CALLS THE CONVENTION arneat polnts Judge In chair be- cause the hi 1 fell close side him, Judges, Senators, lawyers nped up in jured and after arm. No one was [ne few moments of con- NOTINSANE, SAY wel TUESDAY, TT te tr dhleleleleteivieleleninieineieleisieieieieieieler 4 , | I wrote to his brother, who replied that Schmidt was in a sanitarlum At the chancellery of the « Fiftieth street and Madison avenue, it was said that Mgr. Mooney, after con- _ | suitation with church a@ vd not to n the case of Father Schmidt for th chdiocere, horitles, ue a formal statement the trial proceeded in all its reason that in no previous Instance had wonted solemnity @ priest, by means of forged papers, Senator Torborg of Brooklyn went obtained recognition In this archdloce: sound asleep during the Herrick argu. USED MURET'S ROOMS TO ment and al times Kave indications CHANGE HIS CLOTHES. of snoring, The fall of the curtain : aroused him from slumber snore reached ita clim before the Renator Wag- of the enw his Tammany lectured a number of WITH ACCUSED PREST ’Dr" and friend ment in hy the po ne own defense to-day. re are trying to Work up public t, the bogus dents issued a ata He waid SEPTEMBER 23, ee had 4 1913. eat ONVENTION talnbobntnininielalotatutoiatetaimtotaiet g0ST 21 LIVES octet ena Connecticut, Board Gives Six Causes of the Fatal New Haven Wreck. | HARTPOR L—<Lack o! bunehing | + Sept. 2 ay adequate sign of six traine of track a i aystem, the Within a ten-myle stre id veckleas driving Uy with @ distant signal, the engineers the Bar Harbor second seetion dthe White Mountai ness first section would have of Its position when hh more distant Bunching of six passonge during a fox (with tie sic tem then In user In the toni tion betwi Wallingford Alr Line Junetion if or an Reckless running in a fog on the wt of Eng Wands cof the Rar Harbor Express), who nasses block signal St owhen it tad © stop, an dthe congequent ceur- ing of signal No tie drat No. % followin man Mur Tar Har ress to sufficient distance to offer 1 whates an his train, the seer that # tra know rr was following that his Naeman was doing nie duty and for s ain and calle nag hase ty colleagues to-day for coming late to aent! Aaguinat hi ply because | ror the extra ng In tive Hagin, who otherwise tie session. # was friendly with Jdt, He first | themselves, and. ti would n left, to Mag the You fellows will have to get here on (Continued from First Page) met Schmidt, he said, in December, 1912, | the # » but to honer t Wi xpress. ti he maid, lecturing them like when the priest called on him to get/ If any attack wan to be made ui bias f males : kdone T t ne | them it si come tr e otter sid nin ool boys. “The court berins at ten seater se alannah Teer Heneud dena NIA Rema AES | dudge Wiliam S. Chase, of eounse, 7 and we wont stand for any tar-[iue. The phy plane ce Dr. Michast WL Bt NignGIAA AVenlie, Mure? «| for Thaw, opened for the defense, says 1 dinass. Now neo that you get here|Erlwein of No, 12 Convent avenue, aie vo vile d change from $k that he. would be followed exe] ; promptly in the morning and L don'y|member of Ht. Joseph's Church, of |UD IE hel wabted th a nnavivania and George | fare» ATT Want any being Inte either afternoon] which Schmidt waw.an assistant pastor] sy to the theatr | aie: Mig Patel recess,’ and a former frtehd of the accuset]| Muret declared that Sehmid: neve ny = and nh mera A . nt nm went FOX CALL8 IMPEACHMENT A SOP | murderer; br. John Herman Hranth off mentioned the name of Anna Aumuelier |i a {under ba altar ahi ree TO THE MOB. No. 188 West Kighty-seventh atreet and | (Oo aor i ae een ie denied | conapicit c asylum ae | Hrackett wax followed oy Auaten G./ Dr, Charles W. Horn of No. | tant ue ly any relation of Hchmidt, | Mutteawui, N.Y. No indictment has Fox of counsel for Gov, Sulzer, whol West One Hundred and Twenty-seventh} As for the photograph galery at been found umainat itm, although assatied the impeachment charges a%] gtreet. Schmidt told Warden Fation he 616 West One Uundred and Thirty-f and Jury fe eace To keane @ it ‘a sop to public opinion.” After citing | way willing to see They con-! street, rented by Muret and Bchmidt, i seven sitiiw fOpe ektvadition of! numerous authorities, which he de-|yersed with him in ws sounteeeel ine: ol ardent Lia Se HAW inden th provision GE the é a counterfelted Wiln We crn r 5 aa of & clared, proved his contention, he #ald:! q MATTER BETWEEN HIMSELF gays lic. took the place, at Schmidt's States Constitution covering su NG a fe HOR BOO en th Ati, 900) suggestI@, for use ax a studio for turns ters, s = the popular branch uf rome AND GOD, HE SAID. [ing out picture posteards and advertive- "You cannot surrender Thaw to New 9 Veginiat acting In the heat of por] staying known Sehiidt in his priestly | ments, If the place was ever used for York. rnor, simnly because he is litteal exeltement, or in subservienc to some popular demand, or, possibly, with a desire to gratify the person. state, said Dr Jwein to an Evening World reporter, “and having heard so much about his mental condition, 1 enmity of sume poweMful political lead-| wanted to eee him in what you might er, might seek to overstap the well- | cai! his criminal state, 1 know him very | nettled limitations of their lawful aus! well. He sent charity patients to me! thority, We cannot shut our eyes tol when he wax at St. Joseph's. the fact that there in to-day a large] “I told him he Was in a bad fx, He number of our fellow-cittzons, led by |gaid he knew it. T asked him if he was Aiatinguinhed and popular tenders, sorry he ld killed the girl, He said whore very political creed embodies an} that was a matter between hiinself and Impatience of constitutional restraint God; he wanted to die as quickly as pos- and vho demand that the final teat | sinte, hie eald. all judicial interpretation) “1 talked (y him at some length. Ax of the ¢ » but the Wish of the! far ax [can see there is no difference majority of the ie? between the Schmidt in the T bs acy cused of murder and the Mather Schmidt IL knew. 1 think he is feigning insanity. He looks to me tike a cornered rat fig uring out a plan for escape, “Schmidt's mind works perfectly," declared Dr. Branth, “I noted a state MURPHY TOCALL LEADERS AND FIX CAMPAIGN PLANS | ul Sirs Tammany Boss Willing to Go to} tater word for word, In my opinion ‘ ‘ [he is perfectly sane, bat cleverly is Albany, but Has Not Been | to ereate the opposite Impres- Called. leader that he hetore “My phy | Horn nterest In Schmidt” said Dr. “related to my studies of phres nology and facia! expression, It is not {true that Schmidt has a criminal head i} 1 face. | It te true real, ‘Tammany 1 ee te the tr n ment wrt in Albany. Ile added that he does nut expect to be called, but sald he te perfectly willing to go to Albany If his presence is required by either wide Mr. Murphy w ed if ul in the polttion) situation since no pene ven that his face ix a met tut there are very few perfectly cal faces, Some of our great n have had faces that were pro- diy wxymmetrioal “An examination change | the death Schmidt's head e shows that he possesnes to a imarked of Mayor Gaynor bad altered His ex- | degree the qualities of xecretivencas, pectutions any eautionsness and ativenens, Hin 4 Why. of course not.” he anawered. | bump of construction ie large and ex: 1 said before that we would win Ko | plains his ability to © thone counter- Matter who runs, and we will win Just | felting platen in much a short. th Behmidt ts not inane, hut te Is wone nt made by Norman tap- Goud to the eflect that the late Mayor's n by the reoueat of many Hall to name hin 4 or wan called to Meo Murphy's thon. maid: derfully cunnng (8 PRIEST HE CLAIMED TO BE, SAYS BOYHOOD FRIEND. All doubt as to Schmidt's entity hai AL night Juat wx well Diane me | Deen cleared up by the Rev, Fathor | for the rain of the pant few vase \ * | Francis Markert, teacher in the Colles fs understood that Mr. Murplay: wit ehny, Techny, iL, a boyhood a He Wis leadern x and the active cam me time feo BN par Wd be of Mather Sohmidt tn Germany, heory had been advanced, and be: 16 And te aid ere} he de ded upon, Heved by some, that Schmidt, the priest, was dead and his papers had been avized by Anna Aumueller's murderer, an linpostor, | TOAST PRESIDENTS IN WATER ’ ' jeada. Special for Wednesda. iW ASHTING A N ty) Pather Markert dispelled ail doubt 5 asnnpecial for Tyanea fF ! hah iol for. inven — as Preestent: Wilson weriden: ine He it on dis w to Germany, and ere Is a rea or A deli nitat Mittle ‘au low oh ne e ah Fine and eave und (he tradi friendahip bes {stopped at the Tombs, being promptly hers “a twee France aud the United Sisies recoRniged by Schmidt, who catled him | H Lavaiad War drunk in water last jigat tay by name When asked if there was any | you in a glass etary Be sud the visiting Ir ed taken io his parents, | j Suggestion for Wednesda. oF Goop ol tf y coormiasion seleetti. ste at the ) v nt f aia Maritic. falr, the nena lenke speclal, Just give my MMiuslesome ae the kind out ‘grants ie the K specials Just give my love | Be aaa hd Was hom, i ental of a puns . | We toast tip tered the College of Maing together. He | |] Pore Row Cortland, fanih Street and Brookiva Py anen Wailea wy Was a brilliant student and very pious Tf o'clock, All our stores open Saturday , Ma be Ab toe) UP to the tine he was about twenty 54 BARCLAY STREET 206 BROADWAY Want vere me years o} Then began to show a | Corner West Broadway Corner Fulton Street hioued ¢ ie worldly’ disposition, 29 CORTLANDT ST. 147 NASSAUSTREET est 4 The Inst time 1 saw hin he was at Corner Church Street cen Beekman & parts Sta, hat as Mr Hevan fo lGongenheim, Germany, and was asslat- Park Row and Nassau St. W. 125th STREET Meare end lant priest of that pariah. Af ms A of, wou-batas, the a AD eee fe ie Ea pasa eee later he left the parish and aewtin “ ty OOM . * ! xq [had forged documents in connection |B. “We ioe Ries hes SNS Comer Centre Street” = TS mbeMySsy set Just East of Sixth Avenue Aart, | With his degree of doctor of phllosophy., 1y other purpose, be declared, he knew fumitiv hing about it he M does not act with the Mxecutive He did uot enter Hundred and Thirty-ourth si after th Me of Aug when quarreled w n Schmidt. “THAW INDICTED FOR HIS ESCAPE, DECLARES JEROME (Continued matter be ins M ton and was } from First 1 n extradition, but happened ted to the the bar and embers of newapapernien were required to obtain tickets of adminxion at tis oftes of the Secretary of State. THAW ENTERS CHAMBER WITH HIS MOTHER. y State opened. There wax no demonstration | Ae behind dwindled and by Degan there was fewer than a hundred | ¢ State House grounds, vther and the crowd soon ny the of Vuiied ataes rife Drew of Panied by his Joshua Thaw, reached te House jumt before the hearing | the party crossed :he t from the hotel and passed through the little park in front of the capitol, | as the capitol doors swang | Thaw, the throng rapldly the time tue hearing pe ‘The proceeding was delayed until the arrival of Mrw, Felker, who entered the hi amiver ening with the Governor and Atto: jeneral James PY. Tuttle. the hearing Gov. Felker waid that he Was inclined i hear what: | er the lawyers had to say and without ared atrict regard to what might be legally udmiesable, waived the reading of extradition and Mr me addressed the Governor briefly, that the documents asking Motels, ‘Cafes, Saloons, Dealers, from Matteawan.”’ On this point, also, authorities were e person he w tering lito a conspire ‘or is there any to show any participation on Thaw's part In aay plany for his escape.” eee Upon the of f the afternoon sessi m sof counsel for | And Thaw, laid st tt t in the proveedings of extraditie the Constitution of the Un the first duty w of the citizen were s when Bur » gently saftens defects figure and factory just al | < (BENNY A BOUND PROFIT. Goods Carefully Packed and by Express to All Parts sult of the Andin fog wrebk ujon ther _, SIME DECLARES 3% va RECKLESS DRIVING)» cu on wm sulted chert, siste field street, Cyprese TI Five weeks ago the girl went out for a ride on @ " vele with Conrad Miller, elghe teen years old, of No. 86 Stone avenue, Brooklyn, after she had promised het nether that she would not go. The yo people went to Coney Island, and while returning along Pits kin avenue, near Rockaway avenue, the: aching Was struck from behind yan aute. The skull Was frace ured 1 youns Miller sustained @ Fractyy | Mary's Hospital |lamt night. enw ein w foe are given as cauNes | The mother is widew and lived for the collision vetweon the Bar Har. | With ber con ut the Enfield street ade bor and the White Mountgin expresses | Gi Rial se Hon the New York, New Maven ari | at Wilson at the Hartford Railroad at) North Haven, | + ae A] Sept. 2 rewulting in twenty athe ison reached } Se [oy the Public Tulties Commission in LI ACEO il - Fe WS | shouk hands right and left signed, as follows + Tack of on adequat ae |= tem—Had signal 23 been connected Lindau 531 Sixth Ave. Diamond Engagement Rings Ask any friend who has bought a Solitaire Diamond Engagement Ring of Lambert Brothers whether he and a we ppee ¢ the ring were not equally eee) 325 pleased with it. 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