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AEROPLANE 10 ffl
JEf ll, L0STAV1AT0R
janus Will Soar Over Isles of
Jamaica Bay to See if He
Fell on One of Them.
SEARCH THUS FAR FUTILE
Boats Scour Sea and Autos the
Land in Vain?Wire?
less Brings No
The whereabouts of Albert J. Jewell.
the reaag ealaeer arha was swept from
hla course Monday while attemptiriK t>>
pilot an aeroplane fioin liempstead. I.ong
le.la.ricl. t<> the aviation grounds at I >ak
?Ofld Btaten Island. remained unsolvcl
raatflrday. Although his friends and the
officera both of the Aeronautical Society
iiid of the Moisant company kept up tbe
jearch throughout thfl day, by motor
Lo:i'.> flflfll tO erUlM Ofl the sh-re of IaOiig
luiand and by aut.>mo__les among the
marahes, they admltted that they prac
ucaily deepalrad of Rndtng him.
The only hope seemed to bo that he
had falien on an island in Jamaica Bay.
1,. ,,nsi\er this. Arthony Janus. who
,,,!?,,, :> : ln th,- aeria! derby on Monda>.
w.; fly over the t.ay to-day wlth J. R.
gall, ol lh* Moleanl Company, who wlll
examine the Islandfl tor WIBCkagA or
. of thfl lOflt aviator.
ehlef cause lor givlng up hope
wns UM flb*OlUta si!ence in which he has
be.n BWflJlOWed Tiu-y nrgued that had
he landed Bflywherfl he wou'.d have been
heard >f bflfOTfl now. On the other hand.
had he !?<?< a flwent out to sea and pieked
up ty a \e_sel. they aigued that ivtie
arould have brought BOflM
There rrmalned the bare possiblllty that
h>- had been pieked up by some vess-d
not BQU ppad with wireless. but no great
hope wafl _.\ed to this. The only solution
geenied to be tbat he had been swept out
to aea and had falien Into the ocean.
eitht-r through the fltOPptng of hls flflglafl
or the ezbaUfltlOB of his fuel. ln elther
event. the aeroplane would have quick
- Wk, whi'.e Jewe'.l could not have
;. as he was unable to swlm
and wa.- prepBTfld for the water with only
an automobllfl inner tube about hls body.
Th:s oould i.ot have helped him if he
shou'd get ei.tangled ln the sinklng aero?
Thfl last persons who are thought to
:,v fllghted Jewel after he left Hemp
t-tead Wflrfl Jos.ph 1'. Doyle, a painter.
living ln Nostrand avenue. and Edward J.
Drllard. a real estate dealt-r. of Mott
av.nue. Far Kockaway. They saw what
was thought to have bec-n Jeweil'a ma?
chine abjut eighteen hundred feet ln the
air. going at a great rate of speed. ap
parently from Belmont Park. When they
flrst saw lt it was heading toward Edgc
mer_. but was swept out toward the sea
by the wlnd. and s.on dlsappeared from
llfla Thlfl was about S o'clock ln the
Although the six motorhoats and nuto
rrohiics sent out hy A. K Wupperman. of
tl.e Moisant company. came back wlth
Bothlna but wellnlgh hopeless results last
nieht, J. H. Hall. manager of the flying
meet. for which Jewell started. said last
night he had not given up hope,
"Hls course took hlm near Jamaica
Bay." Baid Mr. Hall last nlght. "He rr.av
n?Te _cen swept In there and have falien
into the swamps or on to any one of the;
small. half submerged lslamls in the bay.
In thla event he would not be readlly dls
eernlb'.e from the level of the ground or
of the water. He might Ile there unenn
KkBfl all this time, hidden by high grass
"The only way to make the search of
the swarr.i iands complete is to scour them
from the a!r. To-morrow morning "Tory'
Janus, of St. I.ouis. who won flfth place
ln the race around Manhattan Island. wlll
?tart for Jamalca Bay, and I am going
wlth hlm. He has a machine that wlll
carry three persons. We will make a
theroueh search from the air of all
- that Jewell must have passed
near. We may flnd hlm hurt and unable
tn movc-vve may find only his body?but
Bfl do not want to give up this search
until everythlng has been done."
The poflfliblBty that Jewell had been
able to re .ch the Jeraey shore before he
loat; control Ot hls machine led to the
arried In that dlreetlon. but
wlth no results, A report came that a
machine had heen crlppled In the Ha<-k
enwk aieadoara, but when this was !n
vettiira!> - found to belong to a
SAYS ROADS FACE CRISIS
Harries Tells Electric R. R>
Men Fares Must Be Increased.
.?!t\ o.t 14.-- Fnres wlll
-BV? ? . Incraaaad lf street railway
compa'^e-s are to meet the present day
demand-- of the publlfl and survive was
the deelaration made to-day by Oeorge
H Hartiea, of LoulBvllla president of
Bn Amerlcan Electrlc Railway Aaeocia
tlon. ln opfliilng the thlrty-eacofld annual
conventlon of that organizatlon and Its
"We operata under franchlBea." he
?aid, "hy whlcb we are bildled. bltted
-nd aaddled and aometlmes hobhled. but
-Wk Wf. i,Rve no present power to de?
mand at least living wages ln return
for oUr investment and labor, there ls
flothln* to prevent our talklng 'right
Jut in meetlnir1 "f the increased rate of
lare Whleh r,:ust surelv come to many
fompariv treaauries if anvthing like .lus
tlee ls to prevall and ar? are to survive.
C Nesblt Duffy, of Mllwauke.-. one of
?8 arbltrators In the recent dispute be
j**en th.- elty of Clevelafld and the
vkneland i:,-.iiw-av Company, ln an ad
*T*?B r,sse",.,i -hat low fires ln the
''Mo elty were being maintained only at
* aacrlfie-e of aeri l< <?
Ir you want to thlnk olearly aaa
that your bowala work prop
?rly. Tour aaooeaa depanda
apoa a cleaa ayatem and a clear
Zrook after yonraelf evary day
Bad remove the waete whleh
Preseea upon your nerroua aya?
tem. Son't wait?taka a remedy
which aota at once, gently aad
wATZK ia tha ldeal lazatlwe for
B Bnalneaa Maru V. glaaa ia tha
morning or at any tlme on aa
?mpty stomaoh acta within aa
hoar or ao.
Oet a bottle Bt aay Drny Btere
KLBERT f. rEWELL. MISS1NG AVTATOR. AND MAP SHOWING ROUTE ON WHICH HE WAS LOST.
(ontlnur.l from ftr?t pa??.
ment has reached the end of Its re
sources. Where lt is now gotttag
money for the payment of troops Ib
Inexpttcable. But this same condition
cxlsted slx montha ago, und eince then
Huerta has held his own. militarily.
li. fact, until the recent fall of Tor?
reon he was ahead of the game arlth
the t'onstitutlonahsts. It Is felt. how?
ever, that Huerta may have areakened
himseif in ctrtain quarters. \rh:le th"
Constitutionalists will be vastly en
couraged, possibly to the extent of
driving" Huerta out by force of arms.
The Constitutionalists might be as
alated by the i'nited states to the ex?
tent of havlng this government recog?
nlze their belligerency. This would
t-nuble them to Import arms and am
munitlon with freedom. It would also,
probably, make It poaalbla for them to
ubtain. partlcularly lf they sliowed
signs of ?UCDoaa. ample funds for enm
Constitutionalists in WashlnKton are
elated with the turn of events and de
clare that success for their forces la
now certaln. Friends cf Huerta declare
that Huerta ls acting in a constitu?
tional manner and that what he has
done araa forced upon hlm by circum
Becratary rtryan made publlc this af?
ternoon the text of the decree by whlch
Huerta assumed the powers of a dic
tator. Mr. Hryan had no comment to
make on the decree. nor would he dls
cuss the general situation further than
to tay that the I'nited States would
keep the powers informed of what thiB
government was doing.
QeneroJ Huerta's pronuciatnento fol?
lowa. umler date of Oetober 10:
"Until the people ele, t new maiflstrates
who Bhall take over the legislatlve pow?
ers. and ln the belief that the govern?
ment shouid count on all the necessary
fa.ultieb to face the situation and to re
aatabllaib tba eonstituUonai order of
thlngfl ln the Bbortaat poaalbla time, as i*
its purpose. since OctOber '26 has been set
M ;i '-ate for election of deput.es aml
Bapatova, Victorlaaa IluerU, constitution?
al preaMent ad mterttn, baa aeen nt to
,i, rea these ai-clee:
"Artlcle 1 The Judiclal power of the
faderatton shall continue in Its functloiu
within the Umlta set by tha consf.tutlon
Of the. republic and the decree of the ex
BjCUtlva of October II of this month. and
su-li others as shall be laaued hy hitn,
"AltlCle -? Ihe executlve DOWeT of the
unlon conserves the powers jonferrcd
upon him by the constltutlon. and as
aamea furthermore the departmenta Of
Kohernacion. Ilnance and war only for
the time absolutely necessary for the re
estatlishnient of leglalatlve power.
' ln the mean time the executlve takes
upon himseif the powera sranted by the
constitution ln the aforementloiieU de
partments. and will make use ol them by
laaUtOg decrees whlch Bhall he obBerved
Kenerally and whlch he may deem m
pedient for the publlc welfare.
"Article 3. The executlve of the union
wtll render an account te the lesislatlve
power of the use whlch ho make* of the
powers which he assumed by meana of
this decree as soon as this Is ln func
TO ANSWER WILSQN
Cabinet Ministers Discuss Re
ply While Disquieting Rumors
Circulate in Capital.
Mexico Clty, Oet 14?The atatus quo
will not be chanKcd by the latest ex
rkaaga of notes between Mexico and the
I'nited States, accordlng to lnformatlon
Klven out al the Mexican KorHftn Offlce
The dlplomatic communlcatlons between
Washlngton and Mexico KrowiiiK out of
the dissolution of the Mexican Congress
and the imprlsonment of the Deputlea
have betn the aubject of Int.-nse Interest
lO-day N.lther the American ChBTgd
U'Affaires nor the Mexican K.?relBn Offlce
has made known the tenor oi tlu- ?_?
NeiH. M tythanghaaaay, ihe eharg*. ?p
p.arinK deeply concerned, made v.sltB to
th. i-oreiga OBeee nnd the Preaedent'a
oehoe, an.i for several hours thia after
.ii. after the meeting af '.he Cablnet,
the Foreign Minlster, Senor btobenO,
locked bimaelf In hls offl, ,-s an>i re fueed
lo receive callers. Hls ?.,- retiirv s.r.d lhat
he wa* buay prepaiing th,- raply wh eh
Mealoo waa to make t-> tha Wflflhiiigto.i
S'.-f.or Moheno said later that hfl had
Onlsbfld hifl task, bUl that before mak'.i. :
I public the charaetei of tbfl repl) ll b?b?i
i b? flubmltted f,-t further aerutiay bj f"
I mlnlfltera, who were Bununonad lo gather
! at thfl Prcflldenfa olBcfl In the sventoB.
The most startllng run.or wbh h be?
came curreul araa thal the American
! Tharge u.is 10 be gl\en hls paaflBOrtfl
land that the Mexican government re?
garded the attitude of the l'nited States
BB such that it could DO iOflgfll COfl*
tinue to reoelvfl fl Washlngtoti re-pre
sentatlve. lt was also said that l'resi
' dent wiison's poraoaal iflpraeantatlva
lohn Kind. now at Vera t'ruz. WOUld OOf
aaked 10 leave Mexico
Beflor Moheno denled that there arflvfl
I any truth in these rutnors.
'My government haa no such Intflfl
, tlOfl." said thfl inir.'.st.r "We have ii"
IflfonnatlOfl n.s to what the government
ef tha Unlted states intenda, bul so
'far as my government is I "t" flmed,
i Mr. O'Shaughneaay may ramaln aad wlll
| recelre every conslderation "
Whlle the ataches of the emhassy nre
i dumb reapactlng th.- centantfl at thfl
| Washlngton memoranduin, lt ls learned
from other flOUrCOfl thal the Amerlcan
! government i.m notlfled Prfloldanl Huerta
! that owing P> th.- high haiide-'l manner
ln which the Mexlcan ConglBflB wns BUP*
pressed no fr.->- alaOt-OBfl W-Tfl possible
I and thal bo PrealdeBl fllactod undar the
| eondltlOBJ exlstll.g WOUld he a< c eptable
i to Waahlngton.
Regardlng the poaatMe arUhdraaral of
reeogflltl-fl by Oreal Brltaln nnd the dte
potcb to Mexlco of warshlps l.y *?*-r
! many, th.- Foreign Minlater aald to-alghl
Ibal h.- had n? afldll informatlon H>
regardad it _< extreraely bnprobaMfl tbat
Orcat Brltaln would ehanga her policy,
cltlng the recent dlspatch of ft new aaa*
' baflaador. Blr Ltonel Carden, to the _f?xl*
ean capltal, which step he eoasldered
. w< lM t.ot have been taken had the Brlt
i lsh Fr.reign offlce such Int.-nt'.ons Thfl
warstilps. lf they > ame, he tho-ight.
WOUld make meicly vlsits of c?urt'-s>.
TO PROVE RITUAL MURDER
Prosecution in Beiliss Case
Has Hard Task.
Kieff, r>ct. 14 At the continuatlon of
the trial of Me-ndel Dclliss to-day for the
nll.-g.-d murder of the 1 e.y. Andrew Yu
BhlB-ky, th* proaaCUtlOB concentrated its
efforta on an andeavor to prev? thal tbe
lOWfl practleed "rltual murder" on t'hris
tlans by the testimony of the Archlman
drite Autonomlua He ia of Jewlah de*
aceot, bul was bapHaed arbaa t.-n yeara
oid. He llvea bi th* Kieff monaatery.
i,ut vvas fonnerly attaohod to th.- mon
ast.-ry at Saratoff
The Aichunandrlte carrled two docu
ments relatn.g to rltual murders In the
elghteenth century and asked that they
be Inoorporated ln tho records of the
trial. The e uurt refused to graut thia
Replylng to questions, Autonomlus said
he knew of cases where i'hrlstlan chil?
dren had been tortured by Jewe. He
added. "From my childhood my masters
and teachers warn-d me- not to have re
lations wlth Jews. because; they tortured
He clted several alleged casea "Once,"
he said, "a boy c-ame to me and received
baptism. Rome time afterward Jewa
bnbed a monk, who helped them to re?
move the boy. Two years later the boy
was found kllled."
Another case was thnt of a Jewlsh boy
who had also been baptlflfld hy lhe Archi
maadlitfl and had llveel wlth him at the
motiastery. "The Jew_ waylald hlm and
beat hlm." said Autonomtus. "then took
him away nnd locked him up for the
wholo winter. The boy finally escaped
and returned to the monastery."
In response to the queatlon: "What la
the attitude of Jewa In general toward
ua?" he replied:
"If the bowela of the earth opened up
one would dlacover many bonee of per?
sons tortured to death by Jews."
Albany, Oet 14.?The Assembly adopt
ed a reaolutlon to-day requestlng the fed
eral Iiepartment of Stato '"through Its
diplomatk ar.d high offices" to endeavor to
secured a falr and linpartlal trial for
Meneiel Belllss. who Is being tried In
Kieff. Russla, on a charge of commlttlng
B "rltual murder." The resolutlon, which
was Bleaanfd by th> Democratlc leader,
Mr. LflVy, and unanlmously adopted by
thfl half dozen membera present. also asks
the State Department to Inform the Hus
Man authorltl'-s that "perslstency ln these
nroeaedtflga, lfl flfl far as they are baaed
Ofl the 'blood rltual." wlll be offensP e to
the Amerhan people and to the govern?
ment of tbfl l'nited Statca"
rould t-e obtalned for that purp< se, lt
was polnte.l out tO-nlghl that th" .|ues
iion would be iikeiy to be affectad hy
the fa?t thal many af the AseBinb.y*
men who votad for the preaent hn
peachment arttcloa would be candldataa
at the coming ,le,ti,,ri. There u..s.
therefore, a probablllty thal i"iitica
mlghl be Injocted Into tbe Aaaembly
actloa ta aa acate dagrae, The doer
would then be opened. It was -BMTted,
to onforeaaeable eventualltlea that
niipht aff.r-t the pres'-nt status of the
OUtaide "f the ,"urtr,,om much BfkBC*
ulattoa was ladulged la as ta the alg*
nlflcance of the proceedlnga. Bome held
tiii.t th. queation al Umue araa eolely
one of legal tat hnlcaMtlea, and. however
dedded, the fact remalnerl that the
Pe, k and Morgenthau testlmony. un
dlaputed hy contradlctory evMeaeai
araa in the reeord.
Othera obaerved that ther,- was a i*'s
siblllty that Articles I. II an-1 VI. the
"money artlcbs," OH whlch the . aso
of the ImpMChmenl managers is chlef
ly baaed, mlghl ba thrawB out on the
ground that they related to off.nces
commltted before tha Oovernoc took
In this COnneCtlon there were rutnorB
current that several of the nine judge*
Of the Court of Appeala 8lttlng ln the
case felt that the constitutlotial ohjec
tlona against the artides arera well
Caaa May Fail Complately.
Shouid these obje.tlons be upheld.
and there being no artlcle, as the case
now stan.ls, un.b-r which the IV. k
Morgenthau testlmony shouid ba con?
sldered, there waa a posslbllity that
ih- caaa might fall eeanpleteiy.
Although the testlmony of Allan A.
Ryan, that tha Oavernor sought po
lltical influence to stop the trial. was
placed before the court for Ita consld
eratlon when the question was tlrst
raised yesterday hy Judge Mlller, no
action was suggested in regard to lt
It was frankly conceded by counsei
for the Impeachment managers that lt
could only be held as corroboratlve of
the general eharge that the (Jov.-rnor ls
unfH to hold Oi?CO unless Included ln
still another article of impeachment?
"tamperlng with the court."
"If there ls a determination to con
vlct thlfl man." said Mr. Herrlck. talk
!ng against the motlon to amend Ar?
ticle 4 to Indude a eharge of suhorna
tlon of perjury. "let lt bo done without
any vlolatlon of the law.
Court Halta Herrick.
"It Ib related rhat one of tho Judges
of the Court of Appeals, not a mem?
ber of the present court, once said.
When Judge So-and-So and myself
make up our minda to beat a man we
can alwnys flnd a way to do it.1 If it
is the determination of the major?
Judge Cullen'fl gavel fell sharply. He
aat up ln hiB chair suddenly. and with
n wave of his hand stopped the lawyer
in the midst of a sentence.
"I do not think that this atatement
is material to the case," h<- said aleurty.
Mr Henii k bowed his anow-arhlte
head. and arlth B word or two more sat
donrn, i loetng his arguaaent.
Unjuat to Amand, Ha Says.
"Buppoaa you flnd this reapondent not
guilt.'. upon all the articles of Impeach?
ment presented here," he had said a
morm nt before, "and that you do flnd
hlm gullty of attempted subornation of
perjury; then you will have found hlm
gullty of something that the Assembly
never preeented to you, upon evuience
that we bave a right to assume was
never preeented t" them; you arlll then
have found hlm gullty upon an artlcla
prepered by youreelvea; you win have
Impeached hlm and tried hlm upon the
Impeachment artlclea made by your
sehes and not by the Assembly."
The question about the I'eck evl
uencc. which will be decnied to-mor- I
r.,w. arlll BOl b likely to furnlsh a falr
test rote oa the reault of the trial
Itself, beeauae of the legal polnts ln
VOlvod which arlll spllt up the lawyera
In the court posslhlv without much
regard to their ultlmate vote nn the
stralght fiuestion of guilt.
Legislature Keeps Meeting.
rioth houses of the Legislature met
and adjournert until to-morrow morning
at 11 o'cloch Tba leadera exneet to
? ontlnue the??e [lerfinctory neaeluue
from day to ,|ay until the end of the
Impeachment trial, unleea the A*semMy
is called upon to furnlsh an added artl?
The prellrnln.iry arguments on the
qaoetlon as to the Ryan, Peck and Mor
genthaa evldeaee reloed yeaterday hy
Judge Mlller arera opened by Mr. Staneh
ficld, for the managers. after Senator
Elon lt Broara h.i.i pai hla foraaal oh
lectlon to and denlal of an arcount In an
Albiuiy paper of the seeret prorpedings
reeterday His ohje.-tion alldted from
Preeldeal Cullea tha atatement that the
newapapera were prlvUeged to prlnl full
and accurate accouata <>f the proeeod
Ings. "lf the reporters lould flnd out
what thev were." but th.it any Innc
curnte account would put the wrlter of
lt ln danger of .otitempt of eour*
BtalaebfleM began hls .r*um?nt with
the pr-iposltlon that the Impeachment
trial ls not a crlmlnal proceedlng. In
proof. he clted the constitutional pro
vlslon that a crlmlnal proeens under ln
dlctment might follow the ltnpei.chment.
M.tstnr his contentloa on this premlae
he clted Section 723 of the <"ode of Clvll
Precedure, arhleh provldei that the court
army *unen>l a pleadlng hy Insertlng an
allaaatlon material IO the case or where
the i.mendtnent does not change aub
BtBBtl?Uy 'he elalm or defence by con
formlng the pleadlng to the facts proved.
He eaaphaJB?ed the point that the Peck
and Morgenthau evl.lence wns not ob
Je. te,l to nor answered hy the defence
ln any way As hla argument proceeded
Mr. Bt?nehfleM gradually dropped the
Ityan testlmony from conslderatlon. aa
that evldence could not be brought in
under the headlng of lnfluenclng wlt
nesses, whlch Ib the basls of Artlcle 4.
Stanchfiald'a Viaw Different.
This artlcle. Stanchfteld aald, was
based on Section SH of the I'enal Law,
although lt might be more properly have
been baaed on both that and Section 813.
as both aectlona refer to the suppres
aion of evldence, although In dlfferent
terms and phra*eology.
He ajueted the language of Artlcle
4 Of the impeachment. whlch charges
Sulzer with the attempted auppresslon
of evldence In the cases of "Louls A.
?Breeky. neiaalri L. coiweii and Mei
vllle H. Fuller. and all other persons,"
ar.d argue.l that the court ahould cer
talnly be entltled to conslder that thfl
W. & J. SLOANE
ENGLISH XVIII CENTURY
FIFTH AVENUE AND 47TH STREET
r-r^-r.TA.?.. >-7-.n_r.-.7_.- ..?_? ..._-. ?_ .:..".I.T~
omnibua phrase. "all other persons." In
cluded "Duncan W. Peck and Henry
Morgenthau." und a?ked that Artlcle 4
be considered as lf it did include those
"ln asking you to grant that rell?f
I relterate again, whlle Its phrastng la
fienn lii your flaemory, that lt doflfl i
change the hasle: character of the of- .
fence." he argued. "The offence charged |
Is practically the same, an effort to j
tamper wlth the admlnlstratlon of Jus
the, an effort ln BOBM way to control
and color and dlfltorl the testimony
of a witness, a confeaalon upon its
face of th-; weakneas of his cause. a;id
an admisslon upon its face that hfl 1*1
obllgated to support the defence, if
anv he may have, hy dlflhoneal aee flfl
and evldence. U'e requtro, no fai aa the
board of managers ar.- COItcernad, no
other testimony than that which is BOW
upon the record to support at least to
our contentment and satlafactlon the
chnrge embodled ln the amended Artl- '
cle | "
BtanchfltM ended his argumefll with a|
statement thfll he had madfl BBVfltal times
In the course . f lt that If Sulzer dflfllred
to take the stand beeaHBI of the Ry;,n.
l'eck or Morgenthau testimony, or even lf
he d-alred to put othei witnesses on, there
would be no obje.-tion from the managers
to auch a rcopanlng of th,- .a?e of the
Invites Sulzer to Teatify.
"Once more we ropeat," he said, "and
I epeak lhe sentlmei-.t ..1 the fl-BBBgflffl
of lhe Assembly of New Vork and, I
trust, of high mlnded, falr mlnded eitl
zei.s .-v.-rywher-'. that if, with that
? bangfl iii view, th,- re-Pondant feeis now
tbat h.- Wtflbefl in inrson to make answ. r
from the wttneoa st.md, or if he feels
now, ln the llght of that change, that
there ls other testlmouy he d>-slres to
prodUCfl flfltdfl fTom lums.-lf?for he has
the rlght to go on or keep off the stand
as he may plflflflt If. I re|,.-..t, he desires
to prodUCfl other tesUmony to DBflet tne
accusatlons, the door Ifl open. and there
wlll be no objeCtlOfl laised bv the man?
agers ol thlfl trial."
Mr Herrick who opened for the defenc?
at tl.e beglnning of the afternoon flflfl*
sion. bas.-d h.s argument chlcfly on the
premiae that to Include th- Peck, Hor*
getithau _r Ryan tflatlmony as bearir.g
on Artlcle 4 would bfl to add to the
Chargflfl against Sulz.-r. and that such
additlon to th.- charge s could not prop
erly be contemplated by th? >0urt or by
anv one exc.pt the Ass.-mh'.y.
Tn [.remlslng what I have to say, let
me aay that this court ls the highest m
the fctate. as has beni stated hefure, and
lt Is under coiresponding obligatlons to
observe the law and .-tablish no bad
precedents; not to convict a man upon a
charge not bro.:ght againal him. not to
permlt a man to be charged wlth one of?
fence and convlcted of anoth- r."
He re vlewed the 1'eck testimony care
fully. teading frankly th? statements of
"Now, that may bfl wrong. Assuminjr
lt all to be true. assumlng the e.overnor
did wrong. If you pteaae. still lt doean't
trlng lt wlth'.n K-.mshot of the language
of S.etton .11 of the POBBl law." he said.
Power Belonga to Assembly.
Mr. Herrick qu-Jted from numerous Im?
peaehrnent eai-B, beglnning with tho
Warren llasttnga Impeaehrnent ln Fng
land, to back up hls contention that ln
impeaehrnent as in crlmlnal i.roce.-dlngs
any doubt must be regarded as favora
ble to the de-.endant. To apply th- Peck
evldence, through Sectlon Ul of the penal
law to Artlcle IV of the Impeaehrnent, he
argued. would he to Import Into the case
what wou'.d vlrtially he a new article
of Impeaehrnent against Sulzer.
"The only authority for findtng auch
an artlcle rests In the Assembly," he said.
"You are here only to try the arttclea
they tind and no othera."
He then put to the court the case that
they might flnd Sulzer not guilty upon
se\en of th- fllght BTtlclflfl prflflflBtOd by
the Assembly, hut tlnd him guilty upon
Artl.-te IV under the propOBOd new ln
"You would then have found him g'dlty
upon an artlcle practically prflflflBted hy
your-elves upon an artlcle not ; r. s. BtOd
tiv the Aaaembly." b? -aid.
I/OUlfl Marshall, also for the defence,
followed llerri. k Hfl cliaracteriz.el lhe
effort of the managera to bring thfl l flck,
Morgenthau and RyBB <_idenCfl to bCBT
ution Artlcle IV flJ fl COnfeflfllon of lank
ruptcy so far as other avMcnce upon
that charge- was ,-onceined. -
Tlu-v have v.itualv taken a poodle
dog ind CUl "ff hls hea.l and tall. hls
forelega and his hlnd 1,-gs, and are seek
Infl to aubatltute other tlaaua and to
make ol it ? wolf." he said.
ile argti'd that the proposal to InclUdfl
the acu t-st fled to by Ryan, Pack and
Morgenthau related ln effe.-t BOlely to the
power of the court to amend thfl articles
6eta "Due Proceaa" at Naught.
?We inslit that no such power of
amendment exlsts." he said. "and that
an att.-mpt to e-xerclse it would be a vio
latlon not only of Sectlon 1.1 of Artlcle
VI of the New York I'onstltutlon and of
Ifl,tlon 1 Artlcle VI. of that constitution,
but of the I'oiirteenth Amendment to the
I'onstltution of the l'nited States as well.
"The right to impeach, to present and
formulate articles of Impeaehrnent is
vested ln the Assembly aloiie. This court
can only hear and determlne charges pre
sented hy the Assembly. It cannot usuip
anv of the functiotis of that body. To
do" so would depriw- thfl r.-spon.lent pf
hls llbertv and prop.-rlv without dufl prgC
ess of law lt would forfelt his offlce
and its emoluments. It would forever
take from him the right and prlvilege of
holdlng offlce, a right veetfld ? all mala
cltlaena vt tbe state not eonneted ot
Kor these reasons we at this time flol
emniy object and protest aUainst any
amendmenta ot the arti.les ns vlelatlve
of the New Vuik State and of the rederal
M.irsnall said that any one charged
with malefaction must flrst be lnformed
<,f the pieeise nature of the eharge.
which he has to meet an.i be aecorded
opportunlty for InvestlKation and for
preparation. I-egal de< islons would be?
come "aprtngea to catch woodcock
if. when one was cited to court to
meet a eharge of larceny. he eould ba
compelled to go to Judgment on a eharge.
interpolated at the twelfth hour, of aub- j
ori.aiion of perjury, conspiracy, einbrac- !
ery or whatever groun.l man may devise. |
Still To Be Considered.
"It would be the rirst time in a case of
Impeachment. than which no judhial In
qulry can be more solemn and none
shouid be more hedged about with pro
teetlve safeguards. that so revolutionary
a method of procedure has been adopted.
It would make what is popularly known
as Tailroadlng' an innocent pursult.
"There would be no precedent for it ln
erimlnal proceedings In a government
which protects even the meanest crlmmal
and affor.ls him the guarantee of dua(
procens of laar. Not even an habitual
crlmlnal shouid be deprived of the right
to he tried on a regularly formulated
eharge, and none other. Not even In a
court action. where less stringent ruleB
of pro'-edure apply. would such a conten
tion as that whlch ls'now made be toler
Ib- potnted out that the chargea of
Artides I. II and VI were stlll to be con*.
Bldered l<> the court with regard to,
arhether or not they conetltuted impeach
ahle offences, and. arguing that the Ityan, |
PflCh and Morgenthau evidence was ad- ;
mitted solely because of Its corroboratory ,
Character as to those charges, declared
that it could not be allowed ln as sub- '
Btantlative evldence. when the originat
charges to which It related might be ex
cluded by the court's later vote.
The court again went into executlve
aaaalon to dla uaa its prospective action,
although on this oceasion. for the firBt
time. there were a few sharp "Noes"
when the aecret aaaalon motion was put.
Shortly aft,-r .', o'clock it was announced
that the COUft had adjourned and would.
resume Its executlve session to-morrow
APPEAL GARRISON CASE
Attorneys Renew Effort to Re
lease Him from Jail.
Albany, Oct. 14.?Attorneys for James
C Gitrrison, friend of Qoventor Sulzer.
filed with Attorney General t'armody to
day notlce of appeal from the decision
of Justice Cochrane of the Suprcme Court.
refuslng to releasa Garrlson from JaU
on a wrlt of habeas corpus. The appeaj
will be argued before the Appellate Dl
vlslon. third department. early next
Garrlson has been in the Albany coun?
ty penltentiary since Sepeml.r ll for
contempt of the Assembly ln refusmg to
answer questlons concernins statemenla
attributed to hlm to the e/Tect that cer
tain Assemblymen were bribed to vote
for the impeachment ot the Governor.
NEW AVIATION RECORD
German Airman Makes 1,376
Miles in One Day.
Jokannisthal, Oct. 15.?Vlctor Ptoeffler,
in a l??vhorsepower blplane, haa beatea
the world's reeord for a filght COVeHnfl)
the per:<?! arlthla twenty-fnur eonsecutive
hours. He Btaited from the Johanntsthal
aviation "leid shortly after mldnight I I t
nlaTbt ln cotnpetiti. B fnr the chief prtza
Of the national aviation subscription to
he awanled for the lOBgBOt European
flight of the K.ason. He landed at Mul
haiiaen at 12:42 o'clock thlB morning. hav
Ing eovered LfN mllea. Bla aetaal fi>ing,
time was 8 hOUTfl 47 minutes.
Stoeffler flew from Johannisthal to Fo
s. n and returnol here. Then he flew 80
Mulhausen. and contlnued to fly back and
forth between M ilhauaan and Dannstadt,
maklng this trip Coflg tlmea.
Robert Thelea, .-arrying a passenger,
lOUCbed at Ko.nigsberg. Stettin, and
Panzlg. and thea returnad tO Koenlgs
be:g. He eovered W ntlee.
BURNING STEAJViER SIGHTED
The Templemore Drifted 430
Miles in Thirteen Days.
Bjjajton, . rct 11 -The ate*?BB?lp Temple
rnore, abandoned <>n rir?- off the Vlrajlnla
Capaa on Bepteaaber tt, was plcked up by
the revenue catter Aodroecogg?I last
night, one hundred mllea aaat-oootheaaf
of Bankaty Head Light. Naatueket, ae
rordlag te a radlegi?ai recelved here to*
Aay. The Templemore, whlch was stlll
burning, drifted 430 miles in thirteen dayfl.
Captaln Bltlard, of the Androscogglri.
reported that owlng to the sudden appear
ance ->f a northeaal Btona he was unable
to plan either the destruction or the sal
vage of the Templemore.
The captain of the steamer Oscar If.
whlch arrlved yesterday from Christian
sanrl, reported h-Vfaflg PB?aad the steani
?hlp Templemore. Both the masts and
the smokestack of the shlp w.tc none.
und smoke anrl tlanies were pourlcg from
the hull when he sighted it in latitu.16
41:u6. longitude 67:52.
TlFFANY _ Co.
Bronzes and Clocks
New Vork Paris London