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Regrets Prcgressives Failed to
IndorseAssembly andAlder manic Candidates. HE REFERS TO THREE MEN Efficiency of Curran, Bolles and Boschen Well Known, He Says?Should Yet Agree and Combine. john Purroy Mttehel, the fualon candl date for Mayor, la a stateinenl laal nlght axpreaaed regrel thal there had nol been com .-. fualon on the eandldatea for the Board of Aldermen. He referred partieularly t?. the caaea of Al dermea Curran, Bollea and Boachen, Re pubtteana, t.> whom an Indoreement waa denled ? ' ? !- ?'?? k *** on ord Praneta W. Blrd, the Proa, ounty chalrman. He aald there waa no reaeon Wby all th< .??iti-fusion bodiea could not yet agree on eandldatea for the Aaaem - well as the Board of Aldermen. Mr Mltehel called on Mayor Kltne yee ,1 commended him for his In tlona to the ' :| 1C" gard to an honeal reglatratlon and alee tk?n. ?I believe that mut'h food wlll result from those Inotructlonh." Mr M ?We an knon thal ? ? to regleter and VOt ?' d the poiire can do much to prevent It." Mr. mt menl waa aa followa: ?l greatly regrel thal there haa not beaa complett antl-Tammany fualor. throughoul the dty on aldermen and Aa aemblymen as eai ? ;i ?>' letter to th< Progn ",,p* i potnted oul ? ty for eleeting an aatl-Tammany lealalature i recog nteed then the hnportanee of fualon on these offlcera In ordei thal we migM have a free and r<-p-? ' *nd Board ol Ud< rno ? i | all 1 mea to do anythlng thal i preperly could to brtnl Hl.,,., ,-. - ? m ? ?? . and I have done what i . >uid to thal end 1 partieularly re gn t thal antl-Tammany candidates with aucb MKeUent recorda of een ? to the dty as Mr. Curran, Mr. Bollea, Mr. Boseh. n and ethera, ahould have failed of nomlnasioa by all elementa atocereli oppoeed to Tammany Hall and whal II crd ... ?. preaenl In thla cam paign , ?Tarty eonalderatloria and queationa or redprocatlofl ahould have nothing to do With thla matter. Men for these offlces should be aelected and nominat.d prlmar ilv with a view to their recorda, thelr efficiency and their known opposition to the Tammany ayetem. ?There la bo raaaoa wby the rarloua tleaaeata in thla fualon movement should not yet combine and agree on all eandl? datea for the Aaaambly and Board of Al? dermen. A littu- mutual toleranee and some reaaonable luutaaaloni are aeaea aary- The city has a right to expert that much in view of the lmportance of keep ing Tammany from control of the next Assembly ar.d Board of Aldermen." Samuel E K? aig. president of the Repubhcan County Committee; Borough Preatdenl McAneny and Alderman H. H Curran ram- bac* at Mr. Blrd yester dav. Mr. Curran flatly aCCUaed the Pro gressive chalrman with Btretcbing the truth. Mr. Bird said the Progressives precaaael ta todorae Carraa for the Board Of Aldermen if he would refrain from at tackinj; that party. Mr. Keealg said he would not permtt hiniself to be drawa brto a eontroveray with Mr Bird over the loyalty of the RepubUcan organlaatlon to the antl-Tam many eauaa H< lated Controller Preadergi I himaelf * Pregreeeive, an ealling attenttOB to the fact that the attl tude of Blrd was inlmtcal to the best in x-?:? ata of fuaaOa and meant that the Board of Aldermen Balght N turned over 10 Tanuaany Hall PreaMaat McAneny naade an appeal to the Progressives to n flify their mlatake and take the Republlcan candidates for the Board ol Aldermen. Pnder the name of the Prrlt-d Oaynor Leaguea, aupportlng Mltehel, thlrty of the w'liaanl orgaalaatlona for Mayor Gaynor have Btarted ? campaiim for the fueion -car.didate for Mayor. Hf adquarters have been opened ln the Fifth Avenue Build ing under the dlrectloa of Wllliam Luat garten. Plana are Under way for a laXjSe rr.a.vs mttllBg In COOP?t T'tiion. Of i our* . ' tald Kobert Adamson, rr.an aaTer Of the fuaion rampalgn, ?'any other acUon would be unthlnka tlcally ^11 the organiaatlona that were bui Ing Mavor Oaynor are BOW act!\.- for Mitchol and fualon The apectack of the Oavnor orgar.izjtton tvrnlug to a Murpn) candidate. with the Mayor'a bltter de nuneiatiou ol Tammany and Murphy and his Delmonlco conventlon stlU nuKing ln Ibelr eara, noul I be prej >at< rot b. The oavnor Leaguc la to print all the utterancea on Tammany and Murph) made by Mayor Oaynor after bu ba I ? turned down for renominotlon by Tam? many Hall. They wlll ba widely dis trlbuted. Samuel Altmaser, eounael for the East 8lde Business Men'a and Property Own ?i added to th< fuslon campalgn committee. foss will'run"again Massachusetts Governor to Ac cept Independent Nomination. Bofton, Oct. 10.?Governor Poaa has made up his mlnd to run fo: re-election as an Independent. He expecta ?o algnlfy his aataplanriB of an independent Domina tion before leaTlBf Boaton tor Indlanap* olis Bunday nlghl to dellrer an ad before the American Prlaon Aaaodatlon. The Oevarnor*a formal dedarntloa of his candldacy is acheduled to follow aoon after his returti to Boaton next A'.dm-d Bay. a imai oonferenoe of traated ad vlsera was held to-day, but in aptta ei aonie ooadttet al oplnlon amona his tnends the Govem(?r wlll ba Burprlaed if any developmenta betweea aow and his de pariure cau.-e bim to reeunsicbr his de ?i to stand for a fourth Krni. The declslon tO run for ? fourtta term dafs, it is aata, r. aatrj >>t Mr. Gardner ir,to th,- Republlcaa pnniyritB. TO HELP M'ANENY WIN His Mayoralty Committee to Stay in Field for Campaign. The McAnenj aeneral '-.iinndttee. or (ranized to work for the s?-le,-tlon of Borough Prealdenl McAneny aa the ran didate for Mayor by the fuslon commit? tee. has decided to -..ntinue its exlst ence and make a campalgn for Mr. .Me AnenVs electlcn as f'reaident of the Board of Aldermen. for which he is running on the fualon th-ket llead o,uarter? have I ? ed ln the Beidel berg liulding. Broadway and 4.'d street. Balnbrldce ?"oll>\- h;u* been added to the cnmmlttee nr;d ma<le chaiiman o: the exeeutive board and eampaiftn man aarer. The pereonal hendouarteis oi Mr. McAneny wlll continue to ba ln the Klfth Avenue Bullding with the other fuaion .indldates. SULZER AS SEEN BY HERR1CK AND BRACKETT IN ARGUMENTS D. CADY HERRICK. FOR THE DEFENCE. The fact that a great party oml nated and thp people of th*- Btate of New Tork ele< ted a man to be Oov ernor of his great atate of the ethl cai atandarda of thla reapondenl mual i e concaded to be a ahame an-l a dlagrace to the state of Naw Tork, but it la not for thoae thlnga that you are to remove him from offl-e. These thlnga were unknown to the Btate of New rorh untll the Im pea hment managera, for some purpoae Ood only knowa what? brought them to nght and brought ahame and dlagrace upon the state of Naw Y-irk. I am not very familiar arlth the Bcriptureo, but i racollacl there is some lassage where the mantie Is , ast over the naked body of a per aon to save him from lhame and dlagraca. When these thtnr* became known theae people who hnd the good nama and fame of the State of New Tork ahould bava withheM them for the honor and dignlty of the atate, Inetaad ot bringing them forth for tha purpoae of ramovlng from their path what seems to have been an obatacle to d-dng thlngs that are a ereat daal worse than gnythlng that is chargerl up to the Qovernor. EDGAR T. BRACKETT. FOR THE PROSECUTION. It was left to this vear Of graee 1018, thla jraar of wrath, to have In ezecutlve chamber a Oovernor wl.ould 8o far forget not only d< ? cency and offlcla] honor and prl le, the limitatlona nol only of the crlml nal but the mora! law, aa to a k a arcal offlcar of the atate under hlm to go on the stand nnd oommll rank perjury t-> save ids mka rabl< from the punlahmenl it deaerved. it was th.- fact thal ha wanted Morgenthau to go down with black perjury on his llpe and teatlfy to pave this crindnal here on Bouth Hawk atreet And the only raaaon Morgenthau said he COUld OOl do it was bacauae he al onca, Inatantly, raOOgnlaed that it was a rank p- r jury the dafendant waa aoUdtlng him to commlt. Do crlmlnala find it nacaaaary to aolldt wltneaaaa to tall tha truth? Ia it not praaumad that they will do ?Of What was there in the hlgh charactar of Mr. Morgenthau that i,d the dafendant to ballava that be wouM teatlfy to anythlng othar than the truth? l>id he thlnk that, nnless thus aO* llcltad, the wltneaa would awaar to a Ua? it i.,: unthlnkabla. "AVOID SCANDAL" CULLEN'S WARNING (ontlnurd from ftr*t p:i?e. The rulea of the court provlde for a I aeparate vote on the raapondant'a gullt or Innocence under elch articie. The declalon to adjourn untll Monday was noi raached withoul objectlon. tor Brown waa favorable to the court remalnlng in aeaalon until the ? m of the eaaa, Benat Thompaon and Wagner alao exi reaaed ti.ejr wllllngncaa to ramain in aaaalon unti! the flnal vote. Judge Werner, however, called attantlon to th.- danger ol th-- couii remalnlng In aaaalon and aubjecting Itaeli t>> the crltlciam of "rallroadlng a caaa." and pleaded for an adjournnv nt until Monday. Brackett Excoriates Sulzer, Bealdea Mr. Brackett th<> speakers to day w<re Alton li. I'ark. r. who com pletad his argumenl begun yeet< Mny for the proeecutton, and i >. Cady Her? nck, who rapUed for the dafai After clilng the evldence againat Bul? zir Brackett aald: "And that is the Pharisee, wdio, ! pointing to the wldtfa of his phyl 1 - tery In proof of his own virtue, de? mand. ,1 that Stliwell realgn?Btllwell, who if all cbarged againat him ware true, and mor , COUld Btlll have sat at the feet of this man and laarned < nme, fc\*n as Baul sat at tiie feet of Ga maiiei and laarned all the wiadom of the anclanl J< a a, Urged Morgenthau to Perjury. "The thing urged by the defendant atanda out in all its deteatable lln< a He urged Morgenthau to parjure t lm? aelf, he urged Beck to parjure hims"!f and declared his Intentlon of dolng BO ?and he urged Byan to tarnper with this court to the and that he might be acqultted. "And through and over it all runs the fouleat of ciiroea connected with the administration of Juatlca?suborna tion of perjury and an intentlon of the defendant himself to commlt perjury. God in Haaven! Can mora be raqutarad ti, i onvirt this defendant and remove him from his place and forever dis qualify him from ai-sociatlon with law abidlng men?" Oovarnor Bulaer is spendtng his time at the Bzecutlve Manalon in practlcal aecraalon, much mora in retlrement than he was in the early stages of the trial. He takes some of his meala in his own room, 1-rought to hlm by Mrs. Sulzer. Of the group of Sulzer admir ers who at one time almost thrcatencj t.i lako the COndUCt of his case from the hands of the < ounsel of rti ord and thrust thamaalvaa Into and tha Qov arnor on tha wltnaaa atand daaplte evarythlng, <<nly one ur two are laft here in town, and they are not much 1 ii louch With their fritnd. Govarnor to Keep Silent. The much heralded atatement of the Oovarnor to the public is lockad up in the aafe of Harrtck, his chlaf connaal, to be released only when the flnal ver dict has been rendered. l'endmg that tha Governor is under solemn pkdgea not to discusa his case or issue any statement or pennit one to emanate from him in any forin. The cloae of procetdings to-day waa as BOeama uaan dlgnlftad as waa the formal organization of tha High Court of Impaafhmantj the nrat one organ ized in this state to try a Governor. Mr. Brachett'a paroratlon was a solemn warning: "If the new generation COmea to its inhentance blinded by the ex ample of corrupt orhcials, unpunished and unrebuked. We are near the fall, as we well ueserve to be." The charge to the members of the Courl by Prealdant Cullen, who is t-> retlre in a little more than two months M Chlef Judge of the Court of Ap peala after sitting throi.gh the great eal trial of his long career, might WOU have heen meant as an answrr to the pjaln bnpUcatton in the eloatng address Of Mr. Herri'-k, for the Governor. that it was embarrassing t-> him to speak beforc a court tome of whose mem hers were predisposed against his client and were members of an "imperioua" polltlca] organization. and who sald he hoped that the leader of the Demo cratlc pnfty wouid leave his followara to obay the dlctataa of thelr own eon ?rlenraa. untrammelied by any suggea tion or re.puest or thought of politlcal ( onsequences if suggestion or reyuest were not comylied with. The keynote of H'rrl k's defeni the Governor ?as thal th*- offi charged were nol Imi conatltutlon and an) Interpretatlon ol ll In the Ughl Ol | r, \ '011s |p] , In Bngllah m.- did not thal hla i lienl < oramltted the acta i; hlm, bul contended thal they did . onatltute crlmi all Kh they mighi be offen< aa agali l good ta U r ? is. or : n a ibei ol nlce Nevertheli 14 no ofllclal ahould bi iemo ? 'i for them Mr Brackett'a argumenl wai mallcloua, nor vindlcathe, bul it full of the i tterm b man whom he al i '? n," pii tur< d ? ??? ? ? ? u ?.. avery d< tnl man In lt plottln* from the moi - :. mlnatlon t i eni l< h hln ? If ii legally, plottina fi om the i . ? -.,[;,..?, i ;.. egun to aava himseif from punlahmenl rupl iih of hii powi pei Jurj hlm and the aubornlng of : ? of othei i 'Acqulttal to thla m in wo ild I < * t "It wlll nol be ?? our ictlon I a III render hlm moui for th" futui<? That futu already hla before ? to the uttermoal parta ? ? . hun t.i iv ? ? | gi eel and al Ide with hlm. lt h( call upon > the l ocfc to faj| b] on and lude bln wlll >nii know no n a that h< forl it !?, not I ? m l< hla puniehment, whatever roui 111 thal you prnnounce, in form of law, ln perform thal wlll l . ,.i, l tou< h of thl man from thla ? forth " "Terrorizing" the Court. At thi ?. Brack? ett denounced In high Indignatlon th?j "atudled uid peralati nl attempta t,, ter i ??? mi mb< ra ol ibe i oui i and ti. proaecutlon." which to- aaid had been adopted aith every meana known t.> the ? ??: igogue. "Tboee wbo aaid they doubt ad the arladom of allowlng a crlminal to I remaln ln tha Executlva Chatnber" bad been threatened he aaid. Political ex tlnctlon had been promlaed to thow who advoi ated an ordarlj In n of the mattera charged agulnat Oovernor Bulaei "We have witneaeed," the lawyer wenl on, "the Indeeency for i thlnk .t can be ealled nothlng leaa of publli im ? ? called to overawe your ludgment, and to give you Inatructlona bow to decide this cauae, before b aingla word ol aworn teatlmonj had been given t.> you In and oul 't h.is !?? en pn a :hed thal juatlce would nol bi done here, arh< n Juatlce waa the uut thing dealred bj preachi i . "Againat all thla 1 boM up to you tha ? simple oath you took ut the beginntng of j thls tiiai." a/ent on Brackett, his twy^ Inevitably auggeatina thow ol the pulpll orator as much aa he reaemMed one aa he leaned one tnoment over a temporary raading deak, the next aralked away from , it toward the membera of the court hla ,arms upraiaed and hla face apturned ln ! appeal. "| KUOW that thla w.tv,, oi < lamor arlll never rlae in Ita Influenoe to . the ievel Of the solts of >oui feet." Facte Proved, Says Brackett. Then, gettlng down ln his argUflMBt, he said that the ehargaa In tha artlcb I lmpeachmanl conatituted crlmea, atatuti as arall as moral, ai.u proof of them ereuld t render any man unfll to tit for .? moroi nl ln the Qovernor'a chalr. Proof bad been produoed, be aaid, by the" proaecutlon. i .i t after fa.-t BUBtainlng the chargea had been placed on tha reoord, and not lone contradlcted by tue dtfenfrr The Btatement of campalgn axpenaea ?.is ' false, he said; it was prOVOd beyond B j i?< radvi nture that ti., Qovi boi km m N when ba algned and awore t.? u. Thera* j fore, ba had eommlttad perjury, it had I been proved that he aollctted eampaign , gtfta. Thouaanda of dollara came into hla | hands. and he spent the inoney for hl.s lowa purpoaea <>r put it into hla pockei ! Therefore he was guilty of th. fi Brackett devoted much tlme to dlaeua | atoa ot Arti. le iv of tha Impeaebmenl ar? ticlea?that om charglag thal tha Qov i ernor, by threata and perauaaion atid I brlhery, attempted to prevent the gtviag ! of testmiony by varlouB arttnaaaea againat | him before the Fr.iwley committee. This articie. which the defence i.as aoaght to I beiittle and the proaecutlon has bltherti peid not much atteation to, Brackett made om of thi featorea of h;s addrea Me said that It had been proved the Gov? ernor tried to Buborn perjury when he so :i-r111 t.. Jlaeuaale Henry Morgenthau and Duaean W. Peek from teiiiuK the truth about e.impalgn contributiona to thal committee. This waa not any act fcommlttad beforetaktog ofaaa, "<*"? *fl|fl the lawyer, but one rlolatlng his oath of ofllce and the nwral ?r,d crtminai law whue he wai aarrtng as the atate'a chlet llva Parker Saya Guilt la Plain- I Mr. Parker coaapteted hla argument for the managen wlthln the rir.-t bour ->f the mor, : to-day. after whlch Mr Herrtek bagaa the closing argument for . ? mor Buha r. The formor Chlef Judge ,,r the court of Appeala, wtaa, if be had ,..,! realgned ta run f--r 1'r.sldent. might hava hlmaelf been the preafdmg offlcer of tha Coorl <>( lanpeaehment nlted auaner-j oua eplnlona that the powar or Impeaeh . . t and the range ?t Impeachable of fencea waa unlhnlted In Mew fort BUU i the - onatltution, excapt by the d- - termlnaU< n of the coorl Itaatf. "There eannol be found In this oanatltu tion." aald Mr. Parker. "any UmltatlOH upOn the powar of the High r,>ur: <-f lm? )?? achim nt t<- determlne for what <>rrences .i peraon may be remove-; fn-m offi-?? ano dl quallfh d." Pcllowlng the argument of th-> defence to it n. the argument thal Sul? zer ahould not h<? impaaehad v<v oft\ Itted before he ontered ofllce, Par? ker put thla quaatJon t., the membera of . - rl "Who w uld be so ahamalaaa aa to aay that if the Oovarnor or th- Ueutenant Governor ahould aecure hla electloa to of ? ? ? fra .-I or bribi i j thal he ahoul ? ??-?-I t-. h->ld It for tiie reaeon thal n.? committi -i tha crlme oc a rong h l ii ??:?:, . - ..?:>? -? beganT" In hla flnal aummary of the eaae Parker ?ald thal Bulaer, arlth all his defaneaa la. al.i face to face with theae facts: That he collected peraonally many thouaanda .-f dollara for campaign pur .111.i approprlatad nn al of 11 to hla peraonal um ..[ he c.-nimltte-l perjury In sweailr.g to i it of hla collaetlaaui and ? \ | ? ndll in aa Thal he dellberately aought to procure the contrlbutloni In auch form a.- would i.. i . lude d< *? ? tlon. f. !.y the exerelFP of the powar of hla hlgh offlca, to pravant the truth. and th- full truth, being toM by That i,..Egeated a bartar of appropri tlona for ? ?? ? - atli - i otea Resorted to Coercion. : he aoughl to coen ?? the actkra or rpemtx ra ol tha i ourl through Influanca and ? ta eonetltuted "wttful and ol puMie -i il c ?'? inai dlabonor, defylni t... I laaultlni the ? , ? of hla abowa moi -? ?,?? rf< ctly the i of hla cha infHtlng hhn utt< rlj for any ? ? ? tl in doea ids ef . .. ? .... n < ' thla court i. Ma warp< -l Inb ? ? Ir : :? i l.'.m la Id I ii. . ?. the last word I ..???.., t t ? . court attack.d nrst I f the pi t unlimifa d ' ? ? ? ? I ? j - -..-?? to an ? ' I ? with futuri iangi i ta the en i f l.arl addraaalag ,,, th.- Tammany B< thle pon f ?.-. trmnrk. ., cltlm rai llkaly to itve more t itutea and dadalona i* , . it |a thal l fael a aenee ol t and dlfl , of tl reapond l ? ? ? ... .?.,..???? . M ol optnloa ... partla eetiga tic.n i ? '>'?? f'1' ,;" t tha ca irt m- ? . ; i,, aa) aolem I ?l '?' rn ?] itj '?? I.? I '??? Refcs to Tammany Hall. ..u. of 3 n re n imbera of ? ... ... erloua polltlcal i ri , , mm orgamaatlon tha! . j. adeal In public llfe lor ilMi haa placad hlm wbere he aaw ,: ,,,, .-n- r.-i" - t ? .:,-. napt t-. aaj ? bo waa lueatlon of the dllfert ? ? ,, , , ,, ,::?.:, betwoeti Bulaer and Tam? many Hall, the lawyer aald, arlthout, ol ttng -lth.-r in theae exaet .. bul he warned theae nw mbera thal Sulaei waa aot on trial for dis loyalty or Ingratltuda h, rrl< i. went on than to eutllne the Mea that In an Impeachmanl court conetltut ed as thla o.-,e ts, with ludgea ol tha ippeahl elttlng With the Ren p ibllc oplnlon axpected thal poUt ...,,,!,) be entlrely wlped out. In d ? ? "r.iv of Benatora, he aald, people rather exi.ted aomathlng In ,i? nature of i polltlcal rerdlct ?i.Mt in a trlbunal lika this, eompoaad of the judgea of tha Mgheet court of thla atate and Benatora togather, a daelalon ,,,.,,1,. i,;, auch B - onrt. if not In accord with what th.- people ballave to be - rlghl declalon, atrikaa a deadly Mow at ii,,. ,, . ,,: tha people In the ed mtniatratlon of tiuir laws," be aald. Agaln In Herrlck'a argument aama thal bellttling ol Bulaer whleh haa eharacter laed aven argument made 1-y the 00V? , rnor*a lawyara Hts rhlcf oounaal aald that Bulaer was a mare Inddant In tl . adlnga and thal tha Interaat of hla counael waa for tha praaarvatlao of tha dlgnlty ol the admlnlatratlon of the law. "Meana Recall for Judges." To go beyond tha praoadanta whlch heretafare Umltad Impaachmanta to the baala of offenoea commlttad la aflb a, Barrlch aald, arouM be t>> faed the Baaaa of dlacontent with the oaurta. On this line he COnttnUad with this aolemn warn? lng: "i aay that arlth this history of im paaehmenta and the law bltherto related, that bafore such aa aatanaian of th. powar ef Impeaohmanl to acta done be? fore tha takmg of ofli-o and 1.omlng a pubtla oituiai. u wai i,e rogarfled aa i achlng o :t for a rlctlm and timt tha court dld aot detarmlna but made the law to fu the eaae; and it wtfl do mora than anythlng avar done or thal can be done ni t ii is atate ta bring about the ra eaii of fodgaa and hatkstal daclatona, or it will nt laaal cause a reconstruction of our whole Judldal ayeteen. "|)(,!,t t-lind yoursclves. Stop and think of the . aormous vote cast last \ear npoa a ptatforaa attackiag our eourts and proi laiming hellef in the recall and the recall ot Judietal aadalaeaii Bo i aay that it behOOVee us that this eaae. thall BO flacldad ht such a nianner that the | P-?>.:la w.ll l)plieve and underHtand, and lawyara, too, haaauaa many of them ahare . it. thla (aaauag i apaah of. that this court i has not gone beyond the law aa it has been wrltten for mnre than two hundred yeara ln Bngtand and this country and BCVer been v;olated hitherto." in paealng refereni ?? to aome of the wtt isuizer's couneai dellverad a shot at Dtincan W. Peck. the Bupertoteodcnl of Puhiie worka "The maaaaal criminal la the man who turna atate'a evtdenee," be aaadi Ib dis* cueethg Peck as a man who had been doaely aaaoclatad with suizer and had then turned Ofl hlm. The rharges of leadslative co-reion Herrick dismiased with a romparison with the federal ad mlniatratlon Following President Wilaon. "What has been doae for the laat faw montha in Waahlngtonr* he asked, "yet would any one aay that President Wilaon should be hnpeached btrairfe foraooth he is bolding up | ? appolBtmeBta in rartoua atatea of the Cnlon UBtB !?? aaet what Benatora and memhera of Congrcaa wiii do with his ourrenoy and tariff bllla to carry out the piedgea of the partj platform? "Who even thought of hnpeachment for the adelder of the 'blg sti.-k- for the in fluence that he ueed over memhers of (ongress when he hrought the Senate of th. United Btatea to hla feet and humlU* atad the Kouaa of Repreaentatlvea bythe exerris,- of exei utlve power and lnfiu ence?" Coremg then to a dlecueatofl of the ram paign fund evMence agatmrl the Govern? or. Herrick apparently refuaad to accept the re.spor.sr ii.tv of Indorslng Bulaer*a conduct. Agaln he uaed the iBterrogatlon fonn of nrcument nnd aaked the court whether Bulser ahould have returnedcon trlhutiona pro rata arlth arhatever amount ot moaey waa left over after hla atrlci campalgn eipenaea had been pald. "Whlle i am not a defend< r of the ethics of keeplng campalgn eontrlbutlona by a caadldate," he said, "aor a defender of the morallty of thal thtng or tha faith, m Ithi r ara i ? di f< ndei ol ei na v. no wlll conaenl to rereive campalgn con trlbutloi of ibj ? ?' nt: but all a thlBga are ,i matter of ethli m i:t,r of .! ? i '? and poaalbly ol morais But, tf mj eontention is coi i you eannoi Impeach and remove a publlo offldal beeauee h;s athlcal atandarda do nol comply ?II i caaaol im" .. .,, ,i ,.:.,..-, ? p ibllc Iffldal for a laek of good taate, nor even for >m i: orallt] Sacrifice for Mrs. Suizer. Mr Herrick offered ln i the , . talled atatemi nta of Bul .,-..? emenl pre pared by th.' d fence, which be argued thal the fuada wen mixed that I.:.. i,.,: eVl . OUld ir.,:i! the lo u ; and gifti Hi l thal . r had i:"t app ared a- i ? lt neea 1 < < auae tha i k?v? raor dl l boi want to drag her late tha a iuatl m ? [| irai If la I Heni k "There are aon ? that a dee< nt, manly man . annol do to himaell aomi thinga tl al a rn m avea of i,,w ? ? ' . ? ? hleld hlm aeif ty." . m tt... evldence of Allan Ryan, Hi r ,;, K axgued ?? -t tha di !? n< ? ? f polll i ? ' ? ' He congral it< I thi B? ? . atand of ' organti ? i , oagratulati tm Ri p il Ucan mem bera of this court," he aaid, "whoae ladu II ? u thua iBd v. i..-!i the lal ? bi"'k th.it that greal tloa wo ild n ?l ? ' lation B-culd aoi ? ? ? t., even apeak l ?' ':'' f "" ' wlah that X i.utry of I "It would iBter to thal . ? , ' ? and if ai qulry hai ' ? thoei Benatora not m faith that l irltn. thal ? thal ? wlll not perrall ' aak to hlm I rd to ( arno rera l the ? their on encea untram . ? by avi a . inay lavo re theli polll if that auggi Btion requeal not < artth ' Compliment for Sarecky. Mr Herrli b i dd that far from "wortbleea," as Park ? tnad hlm. Barecky, who from a Ruaalaa Jew Ii granl had mad< hl laell ?> man Uon, wll and ablllty, had proved htmaelf on tbt atand to igeoua, loyal to Bul* frank and truthful. This man, Henich aaid, had teatlfied as to the '>usi neaa habiu of Bulaer and the perfunctory way In whlcb h< algned the atatement of campalgn raceipta m- argument waa thal the fael I .1 Ban cky had done much of the buaiaeaa aad tha candldate knew httie or BOthlag aboul it rellevi hlm from reepouell Ulty for the IncOfTi?< t ? ? Then he revlewed the career of Bulaer in publk lifi. i thal never befi re, eVi n In the o egta itlva daj ? of "huckleberry grab." had any accuaation ,,f oorruptioB been made agalnat hlm Mr H< rrlch contloued: "Now, after over a quarter of a cen lury of pubtle ervlce, he la for the flral tlme, charged with belag a dlahonored man. charged wltb ateallag money, charged with 1 luaderlag his frlenda, charged with aeeklag coBtrlbutloBa for one purpoae, ualag them for aaother, aad commlttmg perjury to coneeal the fact "Gentlemen, these unpeachmeal pro ceedlnga are b mlatake, a greal mlal from aay polal of view; and I believa that no one now reahaea thal more thaa thoae who were laatrumental in brlngtng them." PECK DECUNES REQUEST TO TAKE WITIMESS STAND Hennessy's Lack of Authority Officnl's Excuse for Not Arcepting Invitation. [Fteai a Btag Caweopoadaal at Tha Trtbeae.] Albany, Oet 10 DuaeaB W. Peck, Btata Buperiateadeat of Pubtle Worka, will not appear b. fore Johfl a. Keaaeaay nnd deay the cbargea made agaiaal hlm by Loula Marahall in argulag for Qov ertior Bulaer before the High Court of Impea* hmeat i < aterdaj. Peeks axeuea la thal ha daea not reoog* alaa thi authority of tleiineaay to conduct any further invcstigations of stat.; de partmenta undei the Moretand aet which oamanlaeioo was ajiven hlm by Oovornor Bulaer. Ha takea the poaltlon that Bulaer has be< ii auperaaded aa chtef axecuttve of the atate b) Uauteaaat Qovernor Glynn, and that the commission he eon ferred on Renneeay has therefore eaded, Peek therefore will not accept the challenKe of Harvey P. Ilinman to ap? pear before the s[io lal mveetigatora to morrow mornmg and reply to the state ment Of Marshall that his testimony he fore the COUTI of linpea. hment "did not bear the ring of truthfulness." i'eck teatifled that Governor Sulztr had I asked him to deny before the court that ba Bjava I5M to the Governor'a campaign fund. Whlch was not accounted for in Sul : zer's atatement to tha Beerataff of state. | Marshall declared that the Muperintend ent of Publie Works had a motive in tes I tlfylng Bgalnat the Governor beeauae of - an Investigaflon into alleged graft in hl? - department by Banaaaay. "Early this spring I asked that this de partment be Ir.vestigated." sald Peck to day. "i was regdy than. i have alwaya i been ready. and 1 am ready now to sub ! mlt BByaatf and the department to inves ! tlgatlon by any duly authorized person or peraona." On hearing this statement Hennessy I wrote a letter to Peck, also statlng that he aa cominlaeioner under the Moraland a-t. wo-ild give the PubUc Works Buper I Intendent an opportunlty to "vlndleate bimaalf under oath to-morrow Biorning. Pecfc sent him the following reply: ? i have your communlcatlon of this date. While i eagerly court axamlnaUon Into omclil n-ts of mine by any proper authorlty, I am advised that you have i not aa eommlneloner undar the Moreland a, t or otherwlee, any authorlty to con . du i auch an examlnatlon. l will gia.iiy anawer any epecifli chargaa that may be preferred againat me by ; ay duly author i.-.-d o:tl-':al." NOTIFICATION PLANS Root Names Committee to Wait on Judges V/erner and Hiscock. Benator Koot. chalrman of the Repubii can state Convantlon, has appototad a committee of more than a hundred to notlfy Judgaa Werner and Hiscock of their rcspeetlve nomlnatlons aa candldates for Chlaf and Assoclate Judge of the ii | of Appeala. I The notlflcatlon will ba hald In the Court of Appeala chamber In tha CapMol in Al ,,t .( o'clock Thuraday aftarnoon. A lal car will be attacbed to the train Icavlng here ,--f ifl gj o'clock that day. Benator Hoot Will be chalrman of th.? committee. Other membera are Jame? M. i m k, Otto T. Bannard, Joeoph h. < hoate. :. -n.. ? Benator Depew, Henry L Btlmaon, ;. -; iuld Bchurman, Wichc Butler Herbart Pareona, <>g Milis Re.d. former Governor B. 1' Odell, Jr., Wllllam Barnea, fr., former Benator Harvey D. Hlnman, Qaarga w Aldridge, WIII am H. Dantala, Job B I Hedgt . former -'.->'. ernoi HoraOe White, ii Kracke, Borough Prealdant Cromwell, ConaTeeaman B. A. Marrttt Jr, . i w a/adaworth, Benator Bflau R. brown and Benator Bdgar T. Brackatt BUDGET HEARING OCT. 28 Board of Estimate Fixes Date, but Does Not Reveal Total. The Board of Batlmate yaeterday ftxei ? . date for the publlc hearing on the budget for next year. ? ? . igat win be prtated an-: ted n-n later thU Oatobef II ttvit | rive time to atudy the N'o ofllctal atatement ha- been made regardlng the total of the budcet M tii,. ,?? it< have not been aaalyaed, rearly Inereaae in the budgets for yeara la here ahown: . WB.f41.M011 .:::;. 1* . . ni ?115.fc-0.5t2 08 .;;. i*).4a ??;:::::.. i? . .. . . JM.5K ?- I . . 1* ,',.. 17 '" ? ? . '" . ixi.o;".:."''r'. ;:;;;. m,m,*n u - ind j.rior, d-Mclen-?? I Of luded in the yearly tax ? Wi re Bubaeauently edded t-> the budget totala and Included In the tax adopted by the i.oar.t rmen The roregolng flguree nre included in I . ? v. ara Bullatln Ha. 2. enraed by , . ...... . Budgi i PubUi Ity of tha ? ? ite Th< bullettn will ba ted to all who apply to th.? com BLAMES EDUCATION BOARD Dean Balliet Condemns Action in Peixotto Case. Thomaa M Balllat daan of the n>w y.-rk ITniveraltj - of Pedagogy, ls ? .. followtag atateniant yaatarday ? ? eaae of Mrs. Peix--tt-> and Board of Educatlon: ?i aaoume thal Mrs. Peixotto was the aawapapar reporta itate ia ihe has become . ? ,- | not for Inaffldency of any ir so. the Board of Bducation has committed a grave Injuatlee ajtainst her. if. as the papera raport, aha w.mld in a Ifew yeara have heen entitb-d to a pension \ for long and faithful aervica, the action of tiie board becomea ahsolutely tnde 1 f. natble. I "ir the teacbera of our schoois were mtaed iik> labor anlona and ahould labor union nMthOda to right thelr wronga tha Board of Bdacatlon wauld ba In an unenvtable poettaon. Ho taachar ahould he made to auffer beeauae oer t ,i: membera of the l?,ard seem to en tertaln peculiar theoriea, in the arsenee oi ;. tual tacta, as t-. the paaalbtMty ?>f irrled woman bavlng chlldren of her own al home renderlng afflclanl eervtee aa a teachar In eeboot 1 am aure tha communlty will reapeet the board for re 4 Ita action la thla eaae and for reacindlng ta due time *o arbltrary a rula." ?-? ANOTHER WILL FILED FOR "TIMM SULLIVAN'S ESTATE Leaves One-third to Mysterious "Mrs. Sarah G. Sullivan and Her Child." Another aill of Tlmotby i> Suiitvan, a Rapreaentative ta Congraae at the time of hla death. was tiied in the Barragataa oflli a late Thuraday aftarnoon, it waa laarnad yaatarday. it antedatad tha will nied aeveral weaka a^.> by thlrteea yeara and dlvlded the aatata of Bulllvan among his wife, Helen Sullivan. hla half slster, Margarel Mulllgan, and "Sarah *i BuUl ran, .>f the Clty "f New Tork. and her ehlld " There was nOthtng In the new document to Indlcate the Identlty of Barah O. Sul? livan ,-r her ralatlaaj to tha taatator. i>y raaaon of tha' mentlen of the ehlld. con jacture imm--i.it-i\ conneeted her with .\i-ia v. Bulllvan, aa aetreea, who put (orward a clalra t" a ehare m BuUlvan'a . on the ground taht she was aa adopted daughter Miss BuUlvan'a law j,.id admlttted knowladge uf the wdl, but refuaed t-> commenl upoa u it ?.h aald last nlgnl by one famtllar with the Bulllvan blatory that the pro vialon mlght refer t,- the wife of Patrlck ii Bulllvan "Blg Tlm'a" brother, wboae iiatne waa Sarah The <-nly dlOculty with thla Interpretatlon lay In the fact that, ? aa eould be laarned, "Paddjfr' old aal ehlld was t>--in only alxtaen yeara ago The will was dated March t, IfK wllllam M-'M Bpeer, former Assistant Corporatlon Counael, who had ebarga of the Aqueduct tavi stigation, was named ... executor of the oUU-r document an.i it waa he who tiled It. Ho petltion w,.s Rled with it. and Wllllam B. Elllaon, of the tlrm of Klllson A- Elllaon. attorneys of record for the will of October 6, lw):. .,i,i the only lateraat he had In the new paper waa iost when he found that its date waa long prlor to the will he tiled. Th. lafj wiii ieft "uig Tinrs" eatate to hla alatera, Margarat Hlckey and Mary Ann Bommera, and h;s brothera, Patrlck ii Bulllvan and Lawrence. Mulllgan, abare and share alike. HWION ON FIRST I Figures Show Material Falling Off from Last Year and from Four Years Ago. ALL BOROUGHS AFFECTED Few Tammany Districts Show Increases-Brownsville Only Section in Brooklyn to Grow. The flrst day's reglstration In Manhat | tan and Brooklyn vesterday was general ly llght. A notlceable falllna; off, as <-om pared with the figures for the flrst day of retflstratlon laal year, was to be ?. I pected, as l'M> v as a Presidential yi?ar, i when reglstratlon |a dsually beavy, but there waa a mateilal leag ln many of the districts from four years ago, the lagt : Mayoralty electlon. . Tnere were slgnifhant ln< reaaes ln Fonie of the atrong Tammany dlstricta ln Man hattan, while the strong Bepublican dls? tricta of the upper West Slde showed a ? material loss. PractPally all the Brook I lyn Assembly districts, with the excep. ! tlon of the 23d, which indudes Browna ! ville, where the Jewlsh pnpulatlon in creases rapldly, repistered considerably I below the figures of last year and four years a?o. The total for tiie four A? My dlatricta ln Queeaua, another com I munlty of rapid growth, showed a marlced ? tnerease. The count ln Rtchmond wgj ?? about the snme as ln 1312 and 1509. The total for the twentv-thre* Brook? lyn Assembly dlstrlets was 67,819, com ' ;.ared with 74,5% last year and 69,931 ln J igM. Queena raglatersd 17.W, against a I total of 15,2)0 last year and 13.&49 four years ago. The reglstratlon for the flrat day on Staten Island (Rlchmondj wai 44M. T.ast year the figures were i.iss, and In U<09, the last Mayoralty electlon, 4.221. The totai reglatrattoa in Manhatraa w?? 75.520, Bgalnat MJH last year and S3.?U four years ago, at the last Mayoralty elec? tlon. Bo.na di.-trleta m The Broai showed sma.ll gams over last year and 150.'.. The vlgllance of the watahera at the polls and the unusual police aCtiVtty to ir.\.-i.t frauduleai regtatratlon resuited in several arrests. The polie.> arere hl eharge of rhief rnanerter Maa ft ituatttaerfir, who sent OUt an order to ail the poilee ln | spectors and c iptains that they would be (celd peraonally reaponalbla for any fMa> ! tions in their dl.-trnts. PlakB ClotBOB men were put into all tha Idlatricta to watch the rotJag. Several I hundred coDege atudenta, aflUlated with the rloneat BaUot AaaorlaHon, served aa watchera nt the poiis. Three inspectors ln the polling plaee at i No. *4 Madi.-on street. in tha M A-.-roPly Dlstrl't, were arrest-d fet refusing to ac? cept ebatteagea aaade by the watahera at th- Honeet Haiiot Aaaorlation. An arraat ?raa made in the Wth Aeeembly DUtrict, ln which Charlea P. Murphy livea Th* watchera made Beveral hundred eh i throughout the cltv The Honest Ballot Associaf.on "0** pUined laat ntght that a BUI ing places on the Kast Bad* at) a ? the Jewlsh hollday. eteeed at ' rtve hours before the Ngujai 1 ???'' ? violation of the electlon iaw. The Biarked ln Teaaa ln the 4th A? aeml 1} Matriet, a Tammany itrongheM, eeramandai by laadar .io:-.n I geeted to some of tha laepect tha pos slbilltiea of "repeaters." The Rl trid ahowed a consider^ k> ereaaa eei t laal year. in marked eontraet araa tbe d< elded fall? ing off ln the 12th AssemblyPlatrict. where Murphy Itvea The nguree la tha MarabT diatrlct Were 2.1t>7. compa-ed *ith 2.SI4 in.-t year and fclM f?'ir faan - The foOowlng are tha reglatratloa fla" erea lor the Bret day of IM, IMI hMl *>* ISU for greater New York: Ifg 1444 ? t,ag lM :<m IJM ? 1.TS6 \M le:::::::.:::.;. ? , '?? ii - ? A D. ...... ! '".'".'.'.'.'.'.'.'.'. i.?u 5;:::;. - ?'? I. Ml? : . ttas I.... 1.B71 >. i> . :.Ti>; 13. u. tm . i- - 18. ? 19. ?.l ;0 . -?'-'" 1 . 3,924 ">?>" . 1 "3 . ?4. is::::. ?rt . J.je^ m. . I.BM V..'.'.'.'.'.'.. S.096 t ? ? iaj ?u l.fW :>? . M i.en 1 "?' ?o .south geael. B.aa| H "J 31. Totai?. ? .eaj ~o~n* electlon dhrtrtet aahulBg rflfarai ah* tlOB districts iv.isMnR. THK BBomi v d Ha*, BM M (North Wde). '"? ' ; ,,:: I.? 33. m5 ? S 34 . 4.M I !1U a..-,7i :.44fl > ,aM KfJ Mjaj MaB ?3: Total . is.4f>t 1CI BROOKbTM '* TotaJe. u-9*9 ii.:? t?.ta Tm ss ** RBCAPITUUATION ga| Borough. UUJ rm ". A Brooklyn . ^931 JI.#T. M.iaj w juchaaaai . 4?' a** __ ?g Totala-.mM jjMWJfMB k?P MITCHEL 17TH IN THE Ifrlvt1 John Purroy Mltehel was the aeven teenth man to reglster In the RW ?? tlon Plstrlct of the 17th Assembly V r trlct yesterday. Prestdent Wilson waa icreat bellever ln the number 13 <lu"1>t hla campalgn a year ago Mr Ml,chl' ftiends aay the repetltlon of the B*haaaa 17 may be equally lucky for him.