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THE WEATHULFO!
tm.
Unsettled and sllfhtly wirme,to-dy
ntr to-morrow.
Detailed weather reports will be found on page 13.
VOL. LXXX.-NO. 348.
NEW YORK, THURSDAY, AUGUST 14, 1913. Copyright, 1919, by tht Bun Printing and Publithing A$tociaUon.
PRICE TWO CENTS.
WHITMAN PUT
OUT OF HEALY'S
prosecutor Ousted With
Diners in Fourth Police
Raid on Restaurant.
HE PROMISES WARRANTS
"Wild Disorder Again as 250
Men and Women Are
Driven to Street.
GUESTS FIGHT POLICEMEN
Pishes Smashed and Clothing
Torn as Patrolmen Clear
Out Dining Room.
District Attorney Whitman was one of
150 persons who were forcibly ejected
from Hculy's restaurant at Columbus
venue und Slxty-tlxth street soon after
1 o'clock this morning.
Twenty-five uniformed policemen,
headed by f'ollce Inspector John F.
Iiwycr nnd acting Capt. Hart of the West
Sixty-eighth street station, had made
their fourth descent on that place to en
force Mayor Oaynor's cafe curfew order.
The police apparently had no intention
of throwing Mr. Whitman out as ha had
come as an official. Inspector Dwyer
afterward begged his pardon. The Inci
dent was tplcnl of the rush which the
.rollcc made upon the diners.
There was In many Instances rougher
handling of men than yesterday morn
ing when the police made their third
descent. The raid this morning was the
fourth within Ave days since the Justices
of Special Sessions held that Mr. Healy
was within his rights as a hotel keeper
In serving food without liquor after 1
A. M.
Whitman Crntral Kla-nre.
The crowd was larger, the excitement
rre.vter. the confusion more tumultuous
than yesterday morning. While there
were many Instances of hard scuffling
between the police and diners, overturn
ing table., tmashtng of furniture and
dishes. District Attorney Whitman was
really the centre of the raid this morning.
He had gone there at the Invitation of
Mr. Healy and after he had consulted
with Magistral Deuel, who yesterday
sfternoon announced In the West Side
Court he would Issue warrant for the
srrest of policemen who roughly handled
diners at Heaty's and would charge them
with oppression and with assault and
battery.
Mr. Whitman was plainly shocked by
the scene in the restaurant. In answer to
appeals that were made to him by men
who were being carried or dragged from
the restaurant he announced that they
could have warrants for the police to
day. While Mr. Whitman himself would
make no criticism of what he saw his
Impressions were plainly discernible by
the expression of his face Thomas
Healy, proprietor of the restaurant, I the
authority for the statement that Mr
Whitman would be In court to-day to help
in the prosecution of the police for their
treatment of guests at the restaurant
and for their raid on the place.
The District Attorney "arrived at the
retaurant shortly before 1 o'clock, ac
romp.inled by Richard Harding Davis.
He ivn In time to hear a policeman an-
r.uunce that all diners must be out by
o'clock is the doors would be closed at
t ut hour. He was greeted with loud
cheering, as he posed for various flosh
I'SM.i in the dining room. He saw out
ride Inspector Dwyer and his twenty-five
policemen ready to carry out Mayor
Cavnor's 1 o'clock closing order.
At i;:G. by the District Attorney'
ewn watch, Dwyer and his men started
Into the testaurant and, spreading out
finllke, begun to rush men and women
from the hostelry. At first Mr. Whit
man was not disturbed but he was Jos
tled from side to side a policemen In
groups of two, three and even four
hustled men from the place.
Promise Warraat.
As a strapping man hustled by three
rips wan going past the District At
torney, the man shouted to Mr. Whitman:
"How about this, Mr. District Attorney?
tan we get a warrant now?"
"Vou'il get your warrants all right," the
District Attorney replied, but the man
.arcely heard him, for by that time he
as on the sidewalk.
Then Mr. Healy, excited, rushed to
th' District Attorney and asked:
"Do you see this outrageous treatment?
Come closer to the door and see how
my rulrons are being handled."
Mr. Whitman moved toward the door
cops everywhere were buy roughly
handling the diner and he ald to Mr.
Healy;
"Are you getting the number of the
omrers? '
"We arc," replied Mr. .Healy.
In the next Instant there was a crash
Of a tahlo an .lnhn ninrU. friend nt Mr
Whitman's, sought to evade the police
man. The District Attorney looked over,
w two cops grab Mr. Black. But Black,
i Powerful man. shoved them away.
Another officer Jumped to the assistance
'i ws two colleagues.
"Sea! Three cop art at him," shouted
me crowd. The word waa passed along,
"it Ktlll Mr. Black held hi own against
Iho oOils. More table were upset, more
iluhen wero smashed and not until seven
l"l!ccmen surrounded Black wa he
""ally hurled to the aldewalk. By tht
limn a dosen persons hid gathered
"round the District Attorney. The police
"en not observing the man In the centre
t the group made a V wedge and In the
next instant Mr. Whitman and hi com
Wninn were on the aldewalk.
There wa a lull then and tbe District
Attorney succeeded In getting back Into
the legtaurant, where more scuffling waa
n!iv on. The police quieted for a
moment and then Inspector Dwyer, who
had been In the rear of the room, suddenly
J. P. AUCH'B SOW, 18, WEDS.
Readlaa OMelal's Boy Regret Slope
sat la Seaside HoaaoMce.
Philadblpiiia, Aug. 11. It became
known to-day that John Raymond Auch,
the eighteen-year-old eon of John F.
Auch, vlce-preldent of the Philadelphia
Reading Railway, eloped last week
with Miss Edith West, a trained nurse
several year hi enlor.
The elopement wa the termination of
a seaside courtship. The couple became
Acquainted four week ago at Stone Har
bor, N. J. The marriage took place last
Friday In the "Little Church Around the
Corner." In New Ybrk, with the Rer. Dr.
Upjohn officiating.
Young Auch came to Philadelphia to
day and went to the home of a cousin,
where he told hi trouble and declared
that he would be willing to tear up the
marriage certificate and call off the mar
riage. He discussed the whole affair
sadly and admitted that he did not know
what to do. The bride, who had been
left at Btone Harbor, seemed very happy
when interviewed. She said that h
and her husband probably would make
their home In Baltimore.
If there la any chance to Institute an
nulment proceedlnga It la believed that
Auch's parents will grasp the opportunity.
His mother is particularly strong in her
denunciation of tho minister who per
formed the ceremony.
Young Auch says he was able to obtain
the license by representing himself to bo
of age.
HALF HIS BUSINESS 10
WIFE FOR HER ADVICE
Unustml Agreement Shown in
Appraisal of Estate
of Banker.
The npprnts.il of the estate of Sender
Jarmulowsky, who was In the banking
business on the East Side for forty years
and who dledi on July 1, 1912, shows
that he left property worth I501.0C3. The
most Interesting feature of the appraisal
Is ,au agreement entered Into by Jar
mulowsky and his wife, Rebecca, In 1899
by which he gave her half the business
to compensate her for her services as
constant adviser and assistant for many
years. Under the terms of her husband's
will Mrs. Jarmulowsky not only gets half
the Income of the banking business until
her death but- receives 110,000 a year
additional.
Mr. Jarmulowsky divided nil his per
sonal property among his five children
and his wife. The children are Meyer,
Albert and Louis Jarmulowsky, sons, and
Mrs. Amelia Clark and Mrs. Blume El
tlnger, daughters.. They divide half the
Income from the banking business, which
Is put In trust until the death of the
two sons, Albert and Meyer, when the
business I to be wound up and distrib
uted. The residuary estate Is appraised
at 1231. 551.
He had $137,771 In his bank, of which
$100,000 was In special account and
$57,771 In a general account. The $100,
000 was a special fund set aside by Mr,
Jarmulowsky for- the protection of his
depositors in case the business should
be wound up nnd was not to be used for
any other purpose. In his will he di
rected his executors to set aside a similar
sum to protect the depositors.
The appraisal showed , that the total
assets of the bank at the time of Mr.
Jarmulowsky' death were J3..'S3,6!8, of
which the largest item, $l,;:s.!3C. was
in mortgages. The bank had rash of
$498,304. The profits of the business for
three years were $103,340, or an average
of $34,44R a year. Albert Jarmulowsky
testified that his father's personality was
worth $50,000 a- year to the bank, or
more than the profits. He said that the
bank lias lost business since hi father's
death. One of the asset of the estate
was a loan of $200,000 to Zimmerman ft
Forshay, Stock Exchange member.
25,000 F0K VICE-PRESIDENT,
BII Introdaced la Senate to Raise
thr Malar?.
Washington, Aug. 13. A bill to In
crease the salary of the Vice-President
to $2S,000 a year, beginning January 1
next, waa Introduced in the Senate to
day by Senator Saulsbury of Delaware.
It was referred to the Committee on
Privileges and Elections.
While the Federal Constitution prohibits
the President's salary being Increased or
diminished "during the period for which
he shall have been elected," no such
prohibition I mentioned In the case of a
Vice-President.
KAHN TO BUILD $1,000,000 HOME.
Hoaa Will Ouposlte Caraegle'
Dwelllair n Fifth Arena.
Otto H. Kahn has commissioned C, P.
H. Ollbert, designer of many dwelling In
Fifth avenue, to draw the plan for hi
new residence, which I to be built at the
north corner of Fifth avenue and Ninety
first street The elementary aketche of
the building have been finished, but not
until the work haa progressed further
will the architect be able to give a close
estimate of the cost 'of the dwelling. It
1 aald, however, that the cost will not be
less than 11,000,000.
The house will be on a plot 100 feet on
Fifth avenue and 145 feet on Ninety
first street. Opposite Is the residence of
Andrew Carnegie. It waa from Mr. Car
negie that Mr. Kahn bought the corner
two month ago. Mr. Carnegie bought It
alx year ago, together with other lot
near hi home, to prevent them being
old to person who might make changes
that would detract from the character of
the section.
Mr. Kahn' house will be four stories
and of a classical style of architecture,
Garden will be along the north and east
Idea of It .
CLOTHES BASKET SAVES LIFE,
Boy Foil 40 Feet aa Leads Vs.
hart la Nalaabor'a Washing.
Eight-year-old Morrla Nestman of 121
Slegel afreet, Williamsburg, wa flying
hi kite on the roof of hi home yester
day and having a lot of fun. The breese
wept the kite skyward ao far that Mor
rla watched It anxiously a ha wa drawn
unwittingly to the edge.
A tenant cam out and placed a baekst
of clothe on the extension roof, forty
feet below. A minute later Morris fall
from the roof and landed In the basket of
cloths. Ha waa uninjured. (
GAYNOR EXPECTED TO
TAKE NOMINATION
Question Will Bo Put Up to
Him by Backers Next
Monday.
MANY LEAGUES FOR HIM
Friends Think 15,000 Names to
Petition Will Make
Mayor Accept.
Mayor Oaynor I expected to stand up
on Monday and ay thnt he will take
an Independent nomination for Mayor.
Men from the various Claynor leagues
havo planned to call upon him, put tho
question to him frankly and go away
with their answer. They had no doubt
yesterday but thnt he will say yes.
Thus far, the Mayor lias made no pub
11c avowal of candidacy. In a long state
ment made six weeks ago ho said he
didn't expect a nomination from any
political party and that his fortunes
seemed to rest with the Independent
voter.
Soon after the statement appeared R.
Rosa Appleton, president of the Four
teenth Street Bank, started the Gaynor
Fusion and Nominating League, which
later camo out with a large membership
nnd with Influential backing. The Mayor
hud nothing to say about the operations
of .the league, but Mr. Appleton and his
associate went to work and havo many
thousand signatures to an Independent
nomination petition.
Tho Mayor's candidacy showed great
strength from the beginning, but thu of
fleers of the league felt that they were
handicapped by the Mayor's non-committal
attitude.
One of the earlier plans was to have
the format announcement como to-day.
Hut they decided that It was better to
wait until they had 16.000 signatures.
That number would serve as a convincing
proof to Mr. Oaynor that there was a
strong public demand for his candidacy.
John D. Crlmmtns called on the Mayor
yesterday. When he left the City Hall
he had no comments to make on the pro
gramme for next Monday. Neither did Mr.
Oaynor Bay anything about the plans of
his friends.
Indorsed by Brooklyn I.rasar.
Mr. Oaynor wa visited yesterdny by
representative of the Cltlxens League of
Brooklyn, which passed a resolution In-
oorsing nt candidacy at a meeting on
Tuesday night In Williamsburg. His
vialtor Included Henry Wetomann. presi
dent of the league ; Nathaniel Levi. John
F. Becker, William J. Haviland, Jr., Otto
Winner, Frank Obernler, Edward
Domschke, William H. Allen. William
Llbermann, Joseph llarondess, Fred H.
Itritmann and Harry Fisher,
Mr. Welsmann told the Mayor that he
had been nominated at the meeting In
Arlon Hall, Williamsburg, nnd that the
people needed him for four years more in
the Mayor's office.
"No Mayor before you lias understood
so fully the feeling, the spirit, and the
wants of the vast multitude of your fel
low townsmen, and none has ever been
willing und brave enough In both word
und deed to aid those to whom hut one
day In the week Is given for recreation,"
said Mr. Welsmann.
The Mayor thanked the visitor, but
made no promise. Hy next Monday,
however, the leagues will be able to show
him convincingly that his Independent
nomination can be achieved.
. Foreigners Favor Oaynor.
The Oaynor league of Foreign Horn
Citizens, one of the East Hide organisa
tions that have come out for his tenoml
nation, held a mass meeting lust night In
National Hull, Chrystle and East Hous
ton streets, and put up the first Oaynor
banner In town. The leaxue already has
2.100 members. They packed the hail and
listened to Oaynor speeches with great en
thusiasm. The speakers Included Joseph U.iron-
dess, chairman of the league and u mem
ber of the Board of Education; Isldor
Mlegeltuch. Rudolph Buskin, Ellas B
itosenthal. Joseph Edelstelu, Dr. Mux
Oirsdansky, u Socialist, and Louis Miller,
editor of an East Side paper.
They said that the Mayor's work had
been felt especially on the East Side. They
commended him for the relief he hud
given them from police tyranny.
The session on Monday will take place
nv days before the Tammany city com
mlttee meets to designate n rnnritilnte for
Mayor. Mr. Oaynor's backers hope that
the showing that they will be able to make
on that day will be convincing to the Tam
many date makers. Yet the assurance
came again from Tammany Hall yester
day that Chaoses F. Murphy and his ad
visers have no expectation that the Mayor
will be the choice of Tammany.
NEW USE OF X-RAY IN CANCER.
ilobart, Tasmania. arron Says
Treatment Ha Been Sarcrasfal.
Hobart, Tasmania, Aug. 13. Roentgei
ray filtered through silver, copper or tin
plate have been used by Dr. Roberts,
senior surgeon of the Oenerul Hospital
here, In the treatment of cancer, and the
surgeon says he has successfully treated
forty persons suffering from the disease.
PUSHES PRINCE FROM AUTO.
Actress Arriving; to Be Married
Tell of Royal Wooer.
Miss Elisabeth Frewen, who played the
leading role In "Coma Over Here" at
the London Opera House, arrived yester
day by the Oceanic to marry Joseph
Daisy of Boston. She I nearly tlx feet
tall and handsome,
She aay another man made an effort
to cut out her fiance whlje she was play
ing In London. The other man I Prince
Albert Radslwlll, who sat In tbe front
row of the orchestra its lis every night
for 110 consecutive night and gaxed at
her, He also placed hi automobile at
her disposal. The Isst time she met him,
he aald, they Were out In tho automobile
togethtr. H Became very demonstrative
and kissed her band ao frequently and
rapturously that she anally pushed htm
out of tht car and motored off without
RECESS QUESTION IN CAUCUS.
Democratic Senators Also to Talk
Tariff To-day.
Washington, Aug. iT-Polltlcal In
terest at the capital wa centred to-day In
the' caucus of Democratic Senator called
for to-morrow morning. The caucus was
called to consider tho general tariff sit
uation In tho Senate, mean for expedit
ing tho bill and to decide a course of
action In rngsrd to the credentials of
Congressman Henry D. Clayton, ap
pointed to (111 the vacancy caused by the
death of Senator Johnston of Alabama.
Senator Lewis of Illinois will bring up
the question of a recess as soon a the
tariff bill has been passed with the un
derstanding that the session shall recon
vene on November 1 or November IS and
then tuke up currency legislation. Sen
ator Lewis believes that a majority of
the Democrats In the Senate aro In favor
of taking the recess.
The Senators closest to tho Adminis
tration, however, were advised that the
President has not changed his mind about
currency legislation at the extra session
and that If a recess Is taken It will not
be with his consent. These Senators do
not believe thnt the caucus wilt be in
favor of a recess. 1
Secretary Tumulty was at the Capitol
this afternoon. He called on a number
of Senators, but It was said that he
exerted no Influence In the matter of the
suggested recess.
P. C. KNOX HEADS LIST
OF SULZER'S LAWYERS
James Gay Gordon of Philadel
phia Among Counsel for
Jin penciled Governor.
A mi ant, Aug. 13. Gov. Sulzer to-night
announced the counsel who will defend
him In the Impeachment proceedings.
There are seven lawyers In alt.
The names nnnounccd to-night are
former Secretary of Btate Thllander C.
Knox, ex-State Senator Harvey W. Hln-
man of Blnghamton, former Judge Irving
O. Vann of the Court of Appeals, James
Oay Oordon of Philadelphia. These men
were secured for Gov. Sutler by D-Cady
Herrlck of Albany, who has been and
continues to be chief counsel. Former
Judge Lynn Arnold, owner of the Kniek
trboeker Prtit of Albany, and Louts Mar
shall arc among the Oovrrnor's advisers.
Philadelphia, Aug. 13. James Oay
Oordon. who haa been advising Oov.
Sulser at Albany, Is his counsel In the
Philadelphia suit brought against him by
Miss Hopkins. He Is one of tho greatest
lawyers of this city and Btate.
From the day when he first appeared
In court he was stamped as one of
the bitterest antagonist a rival, might
contend with, and his satire, sarcasm.
Irony and wit made him a forceful, telling
speaker. Then he decided upon a political
career.
Almost his first achievement was an
alignment with the forces that were op
posed to Matthew Stanley Quay, and from
the time he began to take part In Demo
cratic politics he wus u thorn In the side
of the I'ennsylvunln leader. No mun ever
fought Qusy more bitterly or more fiercely
than Oordon did. and when he espoused
the cause of Robert K. Putttson for Gov
ernor a Democratic Governor of Penn
sylvania was elected.
In 1830 Oordon was elected a State Sen
ator and In 1880 was appointed a Judge of
the Court of Common Pleas to fill an un
expired teim. ljo served until 1890, when
he was elected for the six year term. In
1S96 Quay launched u scheme to defeat
him. tint popular indignation was aroused
und lie wus elected by a large majority.
In 1899 lie suddenly resigned and since
then hus devoted himself to his Immense
luw practice. He has frequently been
asked to accept public 'office, but has
iiIwuvh declined.
GLYNN TO OIVEELKUS A JOB.
Will Appoint Hint Labor CouiinU-
sloner on Tanadar.
Albany, Aug. 13. The first appoint
ment that Murtln 11. Glynn make a
acting Governor Is almost sure to be
thnt of Abram I. Elkus of New York
to be State Lnbor Commissioner. It Is
said positively to-night that the post has
been offered to Mr. Elkiis und that he will
accept.
The plan Is for Mr. Glynn to send the
nomination to the Senate on Tuesday and
have It confirmed Immediately, The nom
ination will be regarded as the first test
of his powers us acting Ooverior and
also as filling a place In the State ser
vice where a vacuncy caused much em
barrassment to Oov. Sulser.
Mr. Sulier first nominated John Mitchell
for State Labor Commissioner and then
.lames M. Lynch. The Senate turned
them both down as part of Tammany'
fight to bring the Governor to terms.
Mr. Elku was counsel for th State
Factory Investigating Commission. It 1
said that the Democratic organisation
had him picked for Commissioner of
Labor six months ago, but that Mr. Sulser
didn't want him.
WILSON BOOHS A CANDIDATE.
Writes ss Indorsement to Demo
crat In Maine.
Washington, Aug. IS. The President
conferred to-day with Vice Chairman
Homer S. Cummlngs of the Democratic
National Committee on the political situ
atlon In Massachusetts and Maine, where
the Democracy will contest the Bull
Moose and Republicans at the poll this
fall, A detailed discussion waa had of
the outlook for the eleotlon of Wm. R.
Pettengall, the Democratic nominee for
Congress In the Third district of Maine.
After Mr. Cummlngs' visit the White
House made public this letter which the
President had addressed to Mr. Petten
gall i
"I am taking the liberty of writing you
Just a line to say how deeply Interested
I am In your candidacy for Congress.
Like all other Democrat. I (hall watch
the results with the greatest Interest a
well a with the greatest' confidence. My
Immediate object In writing I to con
gratulate the party in having a repre
sentative In the contest who they can
feel represents the principle and th
polloy of the party so truly and with so
much ability."
naiAT bias ipkins arATaaL
tm see e f fl MlHWHl MtJi,fV
ASSEMBLY IMPEACHES
TWO GOVERNORS OF
Sulzer's Lawyer Describes the Line
of Action Determined by the Defence
This statement from ei-Judgo D-Cady Herriok of Albany, of Gov.
Sulzer'a counael, waa the on)y formal revelation of the Governor's in
tentions which appeared yesterday:
Counael for Gov. Sulier havo no deslro to bo interviewed or to try
the merit of his case in the newspapers, and have no desire to make
any statement in his behalf, and havo advised tho Govornor to refrain
from making any statement at the present time, likowise his wife.
We havo engaged in his defence- not for William Sulser, but as a pro
fessional and publio duty for tho Governor of tho State, and to preserve,
so far as It can now be preserved, tho good name and fame of the State.
After an examination of Mr. Sulzer in relation to the transactions
disclosed by the Frawloy committee we are satisfied that there has been
only a partial revelation of the facta so far, and we are satisfied that he
has been guilty of no wilful wrongdoing, and wo will ask of the publio
in kis behalf a suspension of judgment until all the facts can be dis
closed before the proper tribunal and in an orderly way.
The statements in the papers that the Governor will if necessary re
sort to force to maintain his position aro tho merest rot. He will meet
the charges made against him in an orderly and dignified way and will
do nothing unbecoming the dignity of tho State and will engage in no
physical scramble to assert his rights to discharge the functions per
taining to the office of Governor.
ARMED GUARDS HOLD
EXECUTIVE CHAMBER
Sulzer Is Determined to Con
tinue Exercising Functions
as Governor.
P. C. KNOX TO DEFEND HIM
Glynn May Act as Governor
- in His Own Office
in Capitol.
ALBANY, Aug. II. William Puller. Im
peached by the Assembly at S:1S o'clock
this morning, when the windows of the
Capitol were reflecting the sun. of a new
day, theoretically ceased to be Oovernor
at 3:30 o'clock this afternoon when the
articles that constitute his Indictment
were accepted by tbe Senate and his trial
wa set for September II.
Actually the Governor's dispossession
will not take place until to-morrow morn
ing. Deferring to the opinion of some of
their advisers that the act of Impeachment
Is not complete until the summons and
complaint are served on the accused the
manager of this unprecedented under
taking are allowing Mr. Sulser to con
tinue as Oovernor until Patrick K. Mc-
Cabr. clerk of the Senate, tries to hand
him the paper at 11 o'clock In the
morning. From that moment the acting
Governor of New York will be Lteiit.-Oov.
Martin II. Glynn.
The phase "tries to hand him the
paperx" Is used because Sir. Sulror may
refune to accept them or even to see Mr.
McCabe. For the Impeached Governor In
tends to fight not only for the establish
ment of his Innocence but to press hy
every, means he and his lawyers can think
of his contention that his impeachment U
unconstitutional and that therefore he
cannot be repluced by Mr. Glynn.
Kaiser With Ills Lawyers.
The lawyer who talked with Mr. Sui
ter In his private office in the People'
House to-night were Louis Marshall,
Irving G. Vann nf Syracuse. ex-Judge of
the Court of Appeals; D-Cady Herrlck
nnd ex-Senator Harvey D. Hintnaii of
Blnghamton.
It is expected that Judge Vann will
be chief counsel for Mr. Sulzer nt the
trial.
Mr. Sutter reviewed the whole situation
with these advisers and told them that
he was Innocent of the rharges upon
which he was Impeached. He said he hail
no knowledge of the stock transactions
and that his denial of laxt Sunday w.is
the truth. He Insisted that he never
heard of the financial operations to which
his wife has confessed until testimony
sbqiit them was hesrd by the Frawloy
committer.
The Oovernor also told the lawyers
with great emphasis that Mrs. Sulzer
must not he allowed to go on 'the stand
at the trial or In any other way figure
further In the case. He Insisted that the
fight be nude on legal and constltiition.il
grounds alone.
It was made clear from reports of to
night's conference that, th Governor's
Inclination to begin his contest by re
fusing to accept service of the articles of
Impeachment was not as strong as It had
been.
Ills friends said at midnight that Pat
rick K. McCube would be cordially
greeted when he called, with the papers
at II o'clock to-morrow morning. Ap
parently Mr. Sulzer's advisers have con
vinced him that he should rely on setting
aside his impeachment In the courts or
proving his Innocence If the case comes to
trial. But he will still Insist that Im Is
Oovernor and that Olynn has no right to
the seat.
P. C. Knox Retained.
Oov. Suiter baa formally retained for
mer Secretary of State Philander C.
Knox, ex-State Senator Harvey W. Ulti
ma n of Blnghamton. former Judge Ir
ving O, Vann of the Court of Appeals
and James Oay Gordon of Philadelphia
to defend him at the Impeachment trial.
This array of counsel wa secured for
the Oovernor oy D.-Cady Herrlck of
Albany, who Is chief counsel.
The conference at the People's House
waa still going on at midnight. It prom
ised to last for two hour more. Each
participant wa pledged to secrecy. The
Oovernor himself haa been muffled by
hi adviser, and to-day titer was abso
lutely no hint from him a to what his
course would be.
The nearest approach to thl wa a
Continued on Xhiri Pag$,
MRS. SULZER GRAVELY ILL.
(lorrrnor's Wife Ha Nrrroaa
Brrakdown.
At.BANr, Aug. 13. Mrs. Suiter, wife of
the Oovernor, Is suffering to-night from a
nervous breakdown. Her condition Is ex
tremely serious, and while not such a to
raise any doubt as to her recovery. It ha
given her husband grave fears.
Because of her condition the Oovernor
telephoned to-day to New York to Dr.
Itoberf Abrahams, a specialist, who know
Mrs. Suiter and has treated her before.
Her .condition Is aggravated by her worry
over her husband and her depression over
her handling of his campaign funds.
She Is almost Inconsolable at time and
keeps repeating to her friends and nurses
at the bedside that she has ruined her
husband's career by her speculation In
Wall Street. She Insists that she did so
absolutely without his knowledge.
The Governor has told his advisers that
he knew absolutely nothing about the
Wall Street deals until his wife told him
about them a few days ago. He Insists,
however, that she will not be called at the
trial In his defence.
He will not permit her to go on the
witness stand, even It her failure to ap
pear meant hi removal from the Gov
ernorshlp.
Dr. Abrahams left here for Albany on
the tl:3S train last night.
OLD CHUMS EXTOL MRS. SULZER
Her Classmate at School Hny That
fine Wonld Sot Lie.
Ciiicaoo, Aug. 13. Classmates of Mr.
William Suiter In Chicago rallied to-day
to her support as the result of the state.
ment of the New York Governor's wife
that she was responsible for certain cam
palgn fund transactions which led to his
Impeachment. Mrs. Sulzer was gradu
nted from the Illinois Training School for
Nurses in the class of 1S93. She was
then MIsh Clara B. Podelhelm and her
home was In Philadelphia,
".Mis. Sulzer was my closest friend In
the Kchool," declared Mrs. Kmma Koch,
ruiierliiteiideiit of the Chicago Lying-in
Hospital to-day. "Slie was odh of tli-lliu-st
women I have ever known. The
moment tli.it 1 read of her confession
I Knew wliut had happened. She wus
using that money to surprise her hus
band. I bellevrt every word she has
eulil. When she was a girl she hud such
u touchy conscience that every one
noticed It.
"if she says she took that money and
used It that way she should be believed
Implicitly. She Is greatly In love with
her husband and she would do anything
In tin? world to help a person In any sort
of trouble, but die would not 'lie even
to save him.
Other classmates of Mrs. Sulzer spoke
in similar vein.
NO LETTER FROM WILSON.
White lloosr Denies That He A
vised Hulsrr.
YAfHiNOTo.v, Aug. 13. Authoritative
denial was made to-night of a published
report that President Wilson had wired to
Oov. Suiter urging him not to make any
technical defence but to present his best
case nt a regulur trial. It was said at
th White House that the President had
not communicated with Gov. Sulzer on
this subject.
Developments at Albany are being fol
lowed with Intense Interest by Democrats
In the Senate. Oov. Sulzer's old friends
In the House have been hoping, against
the evidence, that he filially would be able
to explain away the money transactions,
but now tho sentiment seems In be one of
Pity.
Lawyers In the House to-day expressed
the opinion that Gov. Sulzer cannot be
Impeached for porsoual acts committed
before he became Governor.
"Tho Governor's privileges are based
on the Constitution," said Kepresentative
Flood of Virginia. "The Legislature can
not add to or subtract uny qualifications
upon which impeachment proceedings can
be brought."
Representative Francis Burton Har
rison of New York also Is of the opinion
that It Is doubtful that Impeachment can
lie for nets committed before Suiter took
the oath.
Representative Montague, former Gov
ernor of Virginia, aald:
"Ah a general proposition impeachment
cannot lie upon acta which are committed
prior to Induction Into office and which
are personal and not relating to tbe
office."
representative Henry of Texas, chair
man of the House Rules Committee, said
that the jurisdiction of the Legislature to
Impeach for acta Committed prior to the
Oovernor' Inauguration wa In hi
opinion very doubtful.
SULZER;
STATE NOW
Senate Gets Articles and
Trial Is Set i6 Begin
September 18.
SULZER IS NOT SERVED
His Fight Will Bo Madeon
Strictly Legal
Grounds.
MORE CHECKS PROMISED
Mrs. Sulzer Critically; III nd
Hysteria Greatly Alarms
tho Governor.
Oov. Sulzer Was Impeached by the
State Assembly by a voto of 79 to 4S
at 5:16 o'clofck yesterday morning after
it remained In continuous eecslon
through tho night.
The articles of Impeachment were
drawn and presented to tho Senate In
the afternoon. An attempt will he
made to serve Gov. Sulzer with copies
to-day.
The court of impeachment will begin
its session on September 18. The
taking: of evidence Is fixed for Sep
tember 22.
Gov. Sulzer and his lawyers spent
last night in conference at the Execu
tive Mansion.
Both Mr. Sulzer and Lleut.-Gov.
Olynn expect to exercise the func
tions of Oovernor to-day.
Oov. Sutter declined to make any
statement, but it became known that
he purposes to question the legality of
the Impeachment proceedings nnd to
retain office pending trial. His fight,
however, will be made on strictly legal
grounds. He has retained ex-Secietary
of State Philander C. Knox, James Ja
Gordon of Philadelphia and several
other prominent lawyers to defend him.
The State Comptroller will to-morrow
oak Attorney-General Thomas K. Car
mody for an opinion as to whether he
shall honor tho approval of Mr. Sulzer
or of Mr. Glynn In the matter of tht!
payroll of the Executive department.
If the'opinlon Is adverse to Mr. Sulzer
he Ir expected to institute mandamus
proceedings for final determination. If
the opinion favors Mr. Sulzer Mr.
Glynn will follow a similar course.
Senator Elon R. Urown, Republican
leader In the Senate, announced In that
chutnber thut any attempt hy Mr.
Sulzer to exercise the power of tho
Governor's office should bu opposed
by nummary action.
Members of tint Krawley committee
declare thnt they liuve authentic In
formation showing that the Sulzer
campaign fund received larger checks
than those which Sulzer omitted from
his Hworn stiitctiient. These additional
checks, the committeemen say, do not
appear In the swnrn statement.
Mrs. Sulzer collapsed last night and
wus in a most critical condition tit last
reports. She became hysterical and thu
Governor sent to New York for thu
family physician.
SOLEMN SCENE IN SENATE.
Mlencr Fills the Chamber Durlnii
tbe Proceedings.
Ai uanv, Auk. 13. In the most solemn
and Impressive proceeding ever held In
the Hen.ttt) Chamber of New York since
the origin of the Statu government In
1777, a committee of the Assembly of tho
State appeared to-day before the Senate
und announced its impeachment of Oov.
William Sulzer. The appearance of the
board of managers of the Assembly snd
the leading of the eight articles of im
peachment followed quickly.
It was a silent throng which filled the
galleries and pressed behind the railing
tt the rear of the chamber to see and
to hear. A bust of conversation, which
started in the chamber when Senator
Robert F. Wagner, president pro tern..
opened the session, was silenced by the
warning that there must be order. From
that moment to the last, when the body
adjourned hy Joint resolution until next
Tuesday, one could almost hsve heard a
pin drop.
Down In the Executive Chamber Gov.
Suiter, worn and strained by the occur
rences of the lust few weeks, sat mapping
out hit light against the Legislature In
Its attempt to remove him from otricc.
Miles away from Albany Lleut-Gov.
Martin H. Glynn wa at hi summer homo.
He came to the city only late In the day.
A DISTerrat Wsgnrr,
It was even a different Wagner that
took the chair of the presiding officer.
The Wagner majority leader and fighter
for Tammany Hall was gone. Instead
there was the Wagner who Is now Lieu
tenant -Oovernor of the State, a Wagner
that as an officer of the 8tate muxt turn
over bis leadership for the remainder of
the term to another. There was not a.
Senator who did not realize the gravity
of the situation.
The Senate and Assembly were to have
met at 1 1 o'clock this morning, but It wa
3 o'clock before either house was called
to order. No sooner had Mr. Wanner
called the Senate to order than a com
mittee appeared at the doors nf n
Senate Chamber to announce th t u
Assembly had Impeached Gov. Sulser Tills
committee comprised Assemblymen Vau

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