Regrets Prcgressives Failed to
HE REFERS TO THREE MEN
Efficiency of Curran, Bolles and
Boschen Well Known, He
Says?Should Yet Agree
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
?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
?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
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
Samuel Altmaser, eounael for the East
8lde Business Men'a and Property Own
?i added to th<
fuslon campalgn committee.
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
SULZER AS SEEN BY HERR1CK
AND BRACKETT IN ARGUMENTS
D. CADY HERRICK. FOR THE
The fact that a great party
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
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
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.
(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
"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
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
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
..[ 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 - -..-??
? ' I
? with futuri iangi i ta the en
i f l.arl addraaalag
,,, th.- Tammany B<
f ?.-. trmnrk. .,
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?
"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
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
"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
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
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
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
. 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 '
? 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
B-culd aoi ? ? ?
t., even apeak l ?' ':'' f "" '
wlah that X
i.utry of I
"It would iBter
? , ' ? and if ai
qulry hai '
? thoei Benatora not
m faith that l
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 <
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
PECK DECUNES REQUEST
TO TAKE WITIMESS STAND
Hennessy's Lack of Authority
Officnl's Excuse for Not
[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
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
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:
. . ni
. .. . . 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
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
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
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
Figures Show Material Falling
Off from Last Year and
from Four Years Ago.
ALL BOROUGHS AFFECTED
Few Tammany Districts Show
Section in Brooklyn
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,
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:
le:::::::.:::.;. ? , '??
ii - ?
! '".'".'.'.'.'.'.'.'.'. i.?u
5;:::;. - ?'?
: . ttas
i> . :.Ti>;
. i- -
;0 . -?'-'"
1 . 3,924
">?>" . 1
?rt . J.je^
m. . I.BM
?o .south geael. B.aa| H "J
Totai?. ? .eaj
~o~n* electlon dhrtrtet aahulBg rflfarai ah*
tlOB districts iv.isMnR.
v d Ha*, BM
M (North Wde). '"? ' ; ,,::
33. m5 ? S
34 . 4.M I
a..-,7i :.44fl > ,aM KfJ
Total . is.4f>t 1CI
t?.ta Tm ss **
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.
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