Newspaper Page Text
THE SUN, THURSDAY, AUGUST 14, 1913.
CHARGES IN CASE AGAlNSnULZER Articles of Impenclintcnt Allege Perjury, Lnircny and Bribery of Witnesses. COniU PT" T'SK OF POWER Assembly's Indictment Snys Subterfuge Mnrked the Vnlawfnl Acts. Ai.panv. Aug. 13. The articles nf Im ffichmrnt axnlnst Gov. Wllllnm Sulzer, irawn up 1.v the Assembly nml presented 19 th Senate when It met to-day, are as Arttelri) rxhiblltit hy the Atfcmhly of Idf sfnfc of .Veir York, in the name of ItfnurJrr mil of all the People of the ftQtr of Xcte York, against William Sul tn, tlovrrnor of said Mate, In main (runner of their fmprmhiiiritt apnlntt Mm lor tell fill ami corrupt mltconduct In Hi nli office, unit for high crimci ami nUtt'mmnorf. Article I. That tho said William Sul- itr- now Governor of the State of New York, then being Governor-elect of raid State for the term beginning .Inn. 1, 1913, r having been elected at the general election held In ald State on the fifth djj of Novemler, 1912, wan requited by the statutes of the State then In force to f.le .11 the offices of the Secretary of State, rithln twenty days after his said elec tion, a statement setting forth all the receipts. exiendltures, disbursements and labilities made or Incurred by blin hs a candidate for Governor at said Kcnerat flection, at which he was thus elected, uhlch statement the statute requires to Include the amount received, the Mine of the person or committee from whom received, the date of Its receipt, tne mount of every expenditure or dlshurse irent (xceedlns JS, the name of the person rr committee to whom It was made and the date thereof, and all contributions rude by him. Th.it. being thus required to file such mteinent, on or about the thirteenth day (f November. 1912. the said William Sul Mr. unmindful of his duty under said jtatutcs. made and Hied In the offices of the Secretary of State what purported to t .i statement made In conformity to the provision of the statute above set forth, which statement he stated and set forth ii follow., to wit: That all the moneys receded, contributed or expended by said fulzer, directly or Indirectly, by himself or through any other person, as the candi date of the Democratic party for the office of Governor of the State of New York, in connection with the general election held in tli State of New York on the fifth day of November, 1912, were receipts from tlxty-elght contributors aggregating 15, (SO and ten Items of expenditure aggre gating J7.T2t.OP, the detailed Item of hlch were fully set forth In said state men! so filed as aforesaid. That said statement thus made and Wort by xnld William Sulzer ns aforesaid false, and was Intended hv him to r flse and nn evasion and violation of f se,v york. unmindful of the duties oft misdemeanor, to the Bleat scandal and re-j That In so using the poMtlon and au the statutes of the State, and the same .hls olllce anil' in violation of his oath nf j proach of the Governor of the State of jthorlly of the office of Governor the said Has made and filed by him wilfully, know lasly and corruptly. It being false In the following particulars, .among others, to nil It did not contain the contributions that hrid been received Dy him. and which hould have been. set forth In said state ment, to wit: Contributions Not Mentioned. Jacob Sehlff. S2.DO0 Ahram Klkus, SC90. William F. MrCombs. $n0. Henry Morgenthau. $l.ooo. Theodore W. Myers, $1,000. 1 John Lynn. $300. JT-p,." Lyman A. Spnuldlns, $1"0. Kdwanl F O'Dwyer, $100. John W Cox. $300. The Frank V. Strauss Company. $1,000. John T. Doollng. $1,000. That In making and filing such false rta'ement, as afotesald, the said William fulzi-r did not act us required by law, but did act In express violation of the stat utes of the State, and wrongfully, wll fullv and corruptly: nnd thereafter, hav Ing taken the oath as Governor and pro ded to perform the duties thereof, tlve fald filsn statement thus made and filed oy him caused great scandal and re , poach of the Governor of the State of .w Yoik Article 11. That the said William Sul tr. now Governor of the State of New Tori then being Governor-elect of said Slate for the term beginning Jan. I. 1913, he having been .elected at the gen eral election held In said State ou the fifth day ef November. 1912. was nrjulred by tin- statutes of the State then In force " fie In the office of the Secretary of State within ten days after hla said elec tion as aforesaid, an Itemized statement 'honing In detail all the moneys con tributes or expended by him. directly or Itidlreitlv by himself or through any other rron in aid of his election, filing the rams nf the various persons who re ceived such moneys, the specific nature of each Item and the purpose for which It as expended or contributed; and was further terpilrrd to attach to such state ment an affidavit, subscribed and sworn to t'V him, such candidate, setting forth, In uhtawe. that the statement thus made ' In all respects true and that the ime was a full nnd detailed statement of all moneys so contributed or expended ev him, directly or Indirectly, by himself, or through any other pcrsoon. In aid of Hf election, That, being thus required to file such Halfment and attach thereto such affl cavlt, on or about the thirteenth day of November, 19U', the Bald William Sulzer, unmindful of his duty under such statutes, roade ami tiled In the office of the Secre lrv of Stnte what purported to bo a Hatement made In conformity to the pro Hslons of the rtatute above set forth. In which statement he stated and aet forth l f'lllons, to wit : That all the moneys received, contrib ute or expended by said Hulzer, directly "f Indirectly, by himself or through n other peison, as the candidate of the .riemncratlo party for the office of Gov ernor nf the State of New York, 111 con fctlon with tho general election held In lh State nf ,ew York, on the fifth day of November, 1912, were receipts from !xt -r-ttzht contributors, aggregating 15, and ten Items of expenditure aggre gating $7,721. 09, the detailed Items of hlrh wete fully set forth In Bald state mnt so (ed as aforesaid. Tint attached to such statement thua mill" and tiled by hlin as aforesaid was n stllddvli, subscribed and sworn to by ""I Wllllnm Sulzer. stating that anld tatfini nt was tn all respects true and Hat th" same was a full and detailed itatetneni of h moneys received or con tributed or expended by him, directly or Inllr-rti,, ,y himself or thiough any Mhf person In aid of hla election. T'i.t hah) stutemenl thus made and filed Md Wlllam Sulzer. as aforesaid, wn '"be ami was Intended by him to be false n4 .in evHslon and violation of the stat u,, of the state, and the aamo waa "ad and filed by htm wilfully, know 'r'lj and corruptly, being false In the fol "'"Ing particulars, to wit: It did not contain the contributions inn had been received by him, nd which "ould have, been set forth In aald atate 'M, to wi; J'oh Hchlff, .$2,500. Abraham Rlkus, $500, '"am I'. McCombs, inoo, Ji ' .Morgenthau. $1,000. 1 'indole W. Myun, $1,000. Jolm Lynu, $5t. lmau A. UpauliUn, 1100. Committee HUH SBlH;Kl'fiHI t4iH MflBHillllllBLlHSHiLHLSI Copyright, ISIS, hy L'nrirr ool L'nrterwoort, Sitting, left to rif-ht Patrick McMahon, Aaron J. Levy (Chairman). Abraham Greenberg. Standing, left to right William J. Gillen. T. P. Madden, Theodore H. Ward. Thomas K. Smith and J. V. Fitzgerald. Kdward F O'Dwyer, 1100. I filed by and on behalf of any such candl- John W. Cox. $300. J date for moneys or things of alue re- The Frank V. Strau." Company. $1,000. reived or paid out In aid of his election, John T. Doollng, $l,00n. land their compliance with the present re- That said affidavit thus suhcrlbed and , quirements of law relative thereto, while sworn to by said William Sulzer was . such cuminlttee was conducting such In false and was corruptly made by him. I etlg.itlnn and had full authority In the That 'll! making and filing such false I premises, he, the said William Sulzer, n il statement, ns aforesaid, the said William fully prevented and dissuaded a certain Sulzer did not act ns required by law, but did act In express violation of the statutes of the State and wrongfully, knowingly, wilfully nnd corruptly , and. In making said affidavit ns aforesaid, the said William Sulrer was guilty of wilful and corrupt perjury and a violation of section 1S20 of the Penal liw of the i State, nnd, thereafter, having taken the been duly summoned or subpienm-d to oath as Governor, and proct oiled to per-1 appear before said committee on said day form the duties thereof, the said false named, from attending before s.ild coin statement and affidavit thus made and . mlttee pursuant to said Simmons or sub filed by blin caud great rrnndal nnd re-lcna, the said Wllllim Sulzer acted pronch of the Governor of the State of wrongfully and wilfully nnd corruptly New York. ! and was guilty of a violation of the Article III Th.it Hie s.il,i Willl.im Sul. statutes of the State and of Section 24 41 tt, i.i ,., :.,,,, ,,r n,.. st:.te I office, was guilty of ma! and coriupt con duct In Ills office as such Governor of the State and was guilty of bribing witnesses, nnd of a violation of Section 2H0 of the Penal Law of said State, in that, while a certain committee of the legislature of the State of New York named by a con current resolution of said legislature to Investigate Into, ascertain and report at an extraordinary session of the I,e-slatuit then In session, upon all expenditures made by any candidate voted for at the last pieccdlng election by the eli'Ctotx of the whole State, and upon all statements filed by and on behalf of any such candidate for mone.vs or things nf value received or paid out In aid of his election, nnd their compliance with the present re quirements of law relative thereto, while such committee was conducting such In vestigation, and bad full authority In the premises, be. the said William Sulzer, In the months, of July and August. 1913. fraudulently Induced one louls . Sn- reeky, one Frederick L. Colwell ;md one Melville B. Fuller each to withhold true testimony from said committee, which testimony It was the duty of said several persona named to give to said rommlttee when called before It, and which, under said inducements of said William Sulzer. they, and each of them, refused to do. That. In so Inducing such witnesses to withhold such true testimony from said committee, the said William Sulzer acted wrongfully and wilfully and corruptly, and was guilty of a violation of tho statutes of the State and of a felony, to the great scandal and reproach of the said Governor of the State of New York. Suppressed Evidence. Article IV That the said William Sut ler, then being Governor of the Stnte of New York, unmindful of the duties of his office, and In violation of hla oath of of fice, was guilty of mal and corrupt con duct In his office as such Governor of the State and was guilty of suppressing evidences and of a violation of Section Legislature to Investigate Into, ascertain. and report nt an extraordinary session of - . ' - the Legislature then In session, upon all expenditures made by any candidate voted for at the last preceding election Dy tne eiecinni m in wnoie niir. ""'"i""'"" statements filed and on behalf ot any , ... . ... . such candidate for moneys or things of value received or paid out 111 aid of his election, and their compliance with the piesent requirements of law relative thereto whllo such committee was con ducting such investigation and had full authority In the premises, he, the said William Hulzer, praotlsed deceit and fraud and used threats and menaces, with In tent to prevent said committee and tho people of the Statu from procuring the attendance and testimony of certain wit nesses, to wit: lnuls A. Harecky, Freder ick L. Colwell and Melville H. Fuller, and other persons, and with Intent to prevent aald persons named, and all other peraona, severally, they or many of them having In their posaeaslon certain bonks, papers and other things which might or would be evidence In the proceedings before said committee, and to prevent such persons named and all other persons, they, sever ally, being cognizant of facts material to said Investigation being had by said committee, from producing or disclosing the same, which aald, several witnesses named, and many others, failed and refused to do. . That. In thus practicing deceit and fraud and using threats and menace an, and with the Intent aforesaid, and upon the persons before named, the said William Sulzer acted wrongfully and wilfully and corruptly and was guilty of a misdemeanor, to the great scandal and 'reproach of the Governor of the State of New vora. Article V. That the aald William Sulaer. then being the Governor of the State of Now York, unmindful of tho duties of hla office and In violation of hla oath of office, was guilty of mal and corrupt conduct In tils office aa auch Governor of tho Btato and waa guilty of preventing and dlaiuad- Ing a witness rrom attending unaer a bud porna In violation of section 2441 of the Penal Law of aald State In that, while a certain committee of the legislature of the State of New York, liimed by a con current resolution of aald legislature to (investigate Into, aaoertaln and report at an extraordinary aaaaion or tne legisla ture then In -aesalon upon all expenditures made by any candidate voted for at the last preceding- election by the electora of th wbol SUto ami upoa ail tjeaa4U 814 of the Penal Law of said State. In ' for $1,000, a check of Lyman A. Spalding Governor as afo esiT l at, rr T, ' that, while a certain committee of the , for $100. a check of Kdward F. O'Dwyer , ' nfiMmUM & nl imiimu ut h i-uniurrcm i c.uiuuuii ui vn.u law, n vneis 111 mi- rim k v. nirjius . r ,i... ...1.1 . ... . ... . in Charge of Sulzer witness, to wit. Frederick L. Colwell. who bad been duly summoned or subpeenaed, to attend ns a witness before said committee hereinbefore named for the eighth day of August, 1M3. from attending pursuant to said summons or subpirna That. In so preventing or dissuading i said Frederick L. Colwell, who had thus 1 of the Penal Law and was culltv nf a New York. Article VI. That the said William Sul zer, now Governor of the State of New York, was duly and regularly nominated i by the Democratic party of said State as Its candidate for Governor, at a regular convention of said party held In the city of Syracuse on or about the first day jf October. 1912. such nomination having been made on or alut the second day of October. I'.il2. and he was. thereafter, un-1 til the fifth day of November. 1912, when j he was elected to such office of Governor, such candidate of said party for said office. "peculated With 1'anipnlKn Cheeks. That being, and while, such candidate for said office of Governor, various per. sons contributed and delivered money, and cheeks representing money, to him. said William Sulzer. to aid his election to such office of Governor, and In connection with such election, that said money and checks were thus contributed and delivered to said William Sulzer as ballev. agent, or trustee, to be used In paying the expenses of said election and for no other purpose whatever; that the said William Sulzer. ever: inai m .-aiu iiiiuin outwit the Intent to appropriate the said ; iv and checks representing money contributed and 'delTv'ed to Mm as with money thus aforesaid, to his own use, having the same In his possession, custody, ot con trol, as bailee, agent or trustee as afore, said, did not apply the same to the uses for which he had thus received them, hut converted the same and appropriated them to his own use and used the same, or a large part thereof, In speculating In stocks, through brokers operating on the New York Stock Kxchange, and thereby stole such money and checks and was guilty of larceny. That among such money and checks thus stolen by said William Sulzer was a check of Jacob II. Sehlff for 12,800. a check of A b rani I. Elkus for $500. a check of William F. Mc Combs for $500, h check of Henry Mor genthnu for $1,000, u check of J4in Lynn for $500, a check of Theodore W. Mers I Company for $1,000, a check of John T. Doollng for $1,000 and cash aggregating , - ' rt t. ...... . , 132.150. That in so converting and appropriate i ing said money and checks to his own , use. me said wiiilam Sulzer did not ct rmtiirt hv tun- i.ni aia ..... - - - - " .... nu'llfi. , fuly ald wfl,ly ,, ,.orru,y, n,lrt WHH ' Kutty of a violation of Section's' 12 I. in. . 1. n t. t ..... . ui uiu i.-iini iMn, iuiii iii grnnn inr- i cenj-, and the same was done for the purpose of concealing, and said action and omission of said William Sulzer did con- ceal. the names of persons who had con trlbuted funds In aid of bis election and defeated the purposes of the provisions of tho statute which required such publica tlon that the people might know whether or not aald Governor, lifter he had taken office, waa attempting to reward persons who had ho contributed In aid nf his elec tion, hy bestowing official patronage, or favors, upon them, nnd thereafter, having taken the oath as Governor of the State of New York and proceeded to perform to his own use, and hla larceny of the same, caused great scandal and reproach of the Governor of the State of New York, Threatened Leitlslatora. Article VII. That the said William Sul aer, then being tho Governor of tho State of New York, unmindful or the duties of his office, und in violation of his oath of office, was guilty of mal and corrupt conduct In his office as auch Governor of the State, and was guilty of tho corrupt use of hla position aa such Governor, and of the authority of aald position, and nf a violation of Section 776 of the Penal Law of aald State, In that, while holding a public office, tn wit, thn office of Gover nor, he promised and threatened to use auch authority and Influence of said office of Governor for the purpose of affecting tho vote or political action of certain pub llo officers ; that, among auch public offi cers to whom the aald William Sulaer promised or threatened to uae hla au thority and Influence aa Governor for the purpoae of affecting their votes, aald per sona to whom auch promises or threata were made were: Hon, H. G. Prime, Jr., a member of the Aaaembly for the county of Kssex for the year 1913, the promise being that If said Prime would vote fur certain leglulatlou in which aald WIIHam Hulzer was Inter ested and, aa Governor, waa presalng to puMtf, be, uid tiulior, would alga a bill Prosecution that had already passed the Legislature and was pending before him. reapproprlat Ing the sum of about $SH0,00O, for the construction of roads tn said county of Ksxex and counties adjoining thereto, the said Governor at the time of said prom ise well knowing that the said Assembly man. S. G. Prime. Jr.. was desirous of having said bill for said appropriation for roads signed by the Governor. Hon. Thaddeus C Sweet, a member of Assembly for the county of Oswego for the year 1!13. the threat being that If the said Sweet did not vote for certain legis lation In which said William Sulzer wa interested and, ns Governor, was pressing to pasiage he. said Sulzer. would veto a bill that had already passed the Leglsla turo nnd was pending before him, appro priating certnln moneys for the construc tion of a bridge In said county of Oswego, the said Governor at the time of s.ild threat well knowing that the said Assem blyman. Tliadileus C Sweet, was desirous f having said bill for s.ild appioprintion signed William Sulzer acted wrongfully and wil fully and corruptly and was guilty of a violation of the statutes of the State and of Section "75 of the Penal Iiw and of a felony, to the great scandal and reproach of the Governor of the State of New York. ... .. . "r' '' "" Street. Article VIII. That the said William Sulzer. then Governor of the State of New York, unmindful of the duties of his office, and in violation nf his oath of office, was guilty of mal and corrupt conduct In hLs office as such Governor of the State, and was jullty of the corrupt use of his position as. such Governor and of the authority nf said position, and of a violation of Section 775 of the Penal Ijvw of anld State. In that, while holding a public office, to wit, the office of Governor, be corruptly ustd his authority or In fluence, as such Governor to affect the current prices nf securities listed and sell ing on the New York Stock Exchange, in some nf which securities he was at the time Interested and In which he was spc ul.ulng, carrying, buying or selling, upon a margin or otherwise, by first urgln: Tf "mT,onillm3 a.?' er,l",""R ,for !' ii . ... . . . . l'1'v,'!! 5" u''" i,xl'ln?'l -ew ork Rt"ck Lxchange and the prices ?Aln 'l ''Vi? i which legislation he caused to be Intro duced In the Legislature, and, then, by withdrawing or attempting to withdraw from the consideration of the Legislature such legislation which was then pending therein. That all the time concealing his Identity In said transact Ions by subterfuge, in so using tlie position and authority of the office nf Governor, the said William Sulzer acted wrongfully and wllfullv and corruptly and wns guilty of a violation of the statutes of the State, and of Sec tion 775 of the Penal Iaw, and of a felony, to the great scandal and reproach of the Governor of the State of New York. And the said Assembly, saving to them- selves by protestation the llbertv of ex blbltlng any other nrtlcles of Impcacn do demand that the said William Sulzer, Governor as aforesaid, Im- put to answer all and every nf the said matters, and that such proceedings, trial nnd Judg ment may be thereunder had and given as are conformable to the Constitution nnd i..... ... v. ........ . ..... ..in;, ii, im- .-lltltl- ll .SI'lV I UrK i iinil lllO . Assembly are ready to offer proof nf men! n(iiinat tliA ...i.i i-min Li..t. , ... lie n.iiu ii niiiT. in nnoearnmeni i 90 and tho said matters at such time as the Hon nil lar- orable Couit for the Trial of Impeach- ment may order and appoint, Ai.hant, N. Y.. August 12. 1913. i . 1 PUPILS TRACKED BY DETECTIVES Cnraden Prosecutor Delves Into ( on- llltlnns at HlKh Schools. Campbn, N. J., Aug. 13. It was learned to-day that pupils of the Manual Training School mid the high schools were watched by private detectives dur ing July. Tim greatest scandal In the j history of Camden's public school sys- tern is threatened, The fact that the children were placed under espionage was disclosed when Prosecutor Kraft approved a bill of $672 for tho detectives' services. Through these secret watchers, It was said, the Prosecutor obtained the names of forty Ivigli school girls who hnvn be haved Indiscreetly. Superintendent James !?. nryati and Miss Clara S. Burroughs of the high school admitted to-day that the charges were true and that at least three of thn boys and three of tho girls bad married since school closed In June. Some of the pupils wore trailed to the seashore this summer In the effort to get evidence against them. HEARS TO BE QUEST OF HONOR. Clrrnmnavlamtnra Club to Kntertsln lleeord Globe Trotter. John Henry Mears. who made the trip around the world in record time for Th J Evcnino Sun, la to bo the gueat of honor at a special luncheon to-dny by the Cir cumnavigators Club In the Whitehall Club. President Stevens nf the club has In vited u number of distinguished travellers to meet Mr. 'Mears und will prcsidu aa tMuViinuUr. ARMED GUARDS HOLD EXECUTIVE CHAMBER Con ((nurd from Flrtl Pant. statement of Judge Herrlck ending with: 'The statements In the paper" that the Gov ernor will resort to force to maintain his position nro the merest rot. He will meet the charges made against him In an or derly and dignified way nnd wilt do nothing unbecoming the dignity of th Btnte and will engage In no physical scramble to asiert his rights to discharge the functions pertaining to the office of Governor." Armed Men at bs- Unora. Gov. Bulzor had the Executive Chamber In the Capitol well guarded to-night to prevent any seizure. Two guards, each with a revolver, were at the doors. One of them Is the Governor's personal body guard and the other Is the personal body guard of John A. llennessy, who has been Mr. Sulzer's Investigator of Slate depart ments. One was at the main entrance and the other .it the entrance to the Governor'a private office. They will stay there until he returns In the morning. That the Governor Intends to return to morrow was proved by his answer to a newspaper man who asked him as he was leaving the Capitol this afternoon whether or not he would be back. The Governor s.ild: "Yes. slrec'" It Is supposed that those who hail these armed guards put on wntch had In mind the necessity of keeping anybody from getting In and stealing the great seal of j the State as well as State papers which might be useful to Mr. Glynn when he should take over the powers of Governor. Whatever the puipose, there was no attempt to raid Gov. Sulzer's office .to night. When a man who went to the Capitol on business nt ID o'clock wan dered Into the outer office one of the guards wns taking a nap. The Capitol had one of lis half hourly thrills this afternoon when It was an nounced in the Senate anteroom that the service of the articles of Impeachment and the notice of the day of trial would be made on the Governor at 5.30 o'clock It was also said that the Governor would refuse to let the portly Mr. McCabe Into his office and wouldn't go out to sec him. Thirty war conespondents gathered In the Governor's corner of the building pre pared to chronicle bloodshed Hut no Mr. McCabe appeared. At H P. M. Mr. Sulzer started homeward unmolested. The fact w.-is that the papers were not ready, also that the impeaching party had not quite made up their minds what to do In case Mr. Sulzer wouldn't see Mr. McCabe. The official explanation of the delay In getting the papers ready was that they must be In unquestionably legal form. . lnn .Vt l t'se Force. Lleua-Gov. Glynn, upon whom most I speculation Is centred next to Gov. Sulzer. spent the morning at his home In Cedar Hill, down the Hudson six miles from Albany. In the afternoon lie was at the office of his paper, the Timra-l'nloii. His t only formal statement was: , "I don't Intend to enter In any physical I contest with Mr Sulzer over the office of Governor. ' As far as I am concerned there will be no circus or military manoeuvres about occupying the Kxecutlve Chamber. The law la supreme." This statement was Issued because of reports Hying through the Capitol that Mr. Glnn was prepared to use force m asserting his right to the Governorship. 1 Just what he proposes to ln was made 'clear by him tn a St'.v correspondent to , night. I It Is far from his mind to try to seize the Executive Chamber as long as Mr. Sulznr Insists upon occupying It. Mr I Glynn ays that his own Lieutenant-Gov ernor's room on the third floor Is good enough for the transaction of State busi ness. There he will sit and will perform all the functions of Governor, and tn the j Governor's room on the second floor Mr. I Sulzer will be trying to do the same! thing. 1 There Is no doubt In the minds of the Democrats here that whatever Mr Glynn 1 does will be accepted as the act of the Governor of New York, It is important i io realize that the machinery of govern- ment will be at his service nnd not at Mr. sjuizer s. Will lunore Sn,rr. Hla orders will be obe.ved by Coinp- ! Holler Sohmer. Secretary .of State Mitchell .Mil- nun rtiii.iiie.-..eiie,.,l i well as by a multitude of small fry. in fact Tammany will recognize Mr. Glynn ns Governor. He Is not a Tammany man nimsen ami is not particularly ciose to Charles F. Murphy, but the Tammany crowd will he with him. because thev are against Sulzer. So it looks as If whenever Mr. Glynn chones to sign a I pardon or a hill the machinery to make . It effective will be his to operate, wnat - ever Mr. Sulzer may be doing In the I room down below on the second tloor of 1 the Capitol. I It Is said that when the Legislature meets again one of Its first acts will be me repeal oi me ,-tioreiann uiu, iinncr.n, .smith, samuei I v iiiKi'istein. .innn .vi which John A Henmv.sy has been lines tlgatlng State departments, and that Lieut. -Gov. Glvnn will send In a special message urging this. Moth tho Senate and the Assembly took a recess to-day to August 19. It Is believed that either John It. Stanch field or IMgar T Hraekett will conduct the prosecution of Gov. Sulzer at thn Im peachment trial. Mr. Stamiitleld Is In nuropc. Although the trial will begin on I September is no testimony will he taken until September ... Friends of Gov. Sulzer nnd woine ft lends of Lieut. -Gov. Glynn predicted to-night that the contest as tn the rightful oc cupant of the Governor's office would go to the courts very soon. One of the plans suggested was tn have Gov Sulzer pnrdon a prisoner at Sing Slug, Warden Clancy, a friend of Mr. Sulzer, would refuse to honor the pardon and the courts would be called upon to decide as to whether or not Gov. Sulzer still had the pardoning power. Gov. Sulzer has not withdrawn from his position that under the Constitution ha cannot be Impeached for events that took place before he became Governor on Jan uary 1. ' New K.Tlrience Aaalnsl Nnlser. To meet tills contention the Frnwley comlttee Is ready to produce a lot of evidence that was not brought forth al Its hearings. This evidence, members of the rommlttee say, consists of rharges that Gov. Sulzer lias been guilty of mal administration slnco January 1 The evi dence will be presented at the Impeach ment trial If necessary as a sort of amended complaint to the known accusa tions. The Governor's other constitutional con tention Is that he cannot even bo tempo rarily ousted except In the event of his being adjudged guilty before Hie Im peachment court. A lawyer who baa been working with Ha Frawley committee Bald to-day that he aaw no reason why Mr. Sulaer can not appeal to the Federal courts if the decision of the State Court nf Appeals Is against him In the event nf a test case being made by the device of pardoning a convict. Mrs. Sulzer's declaration .vesterday that aim had indorsed the Governor's cam taiga fund check and indulged la the much criticised stock speculation unknown to Gov. Sulzer In the hope of protecting the Governor against rainy days In the J future caused much comment not only In political but In family circles. The general opinion was host expressed perhaps by Assemblyman Aaron J. Levy, who termed Mrs. HuUer's statement an "eleventh hour attempt of a faithful wife to shield her husband." In the midst of the battle on the Tevy Impeachment resolution early this morning the Assembly was thrown Into an uproar by tho publicity of the statement of tho Governor's wife that she and not the Governor was responsible for checks for the Governor's campaign funds going for private uses. Majority Leader Levy charged that the Governor tn permitting this to come out was trying to shield himself behind his wife. "I have no sympathy with a man who In his hours of trial conceals his Iniquities behind the skirts of womanhood," said Mr. Levy. "The woman Is to be pitied." Mrs. sulzer's statement was first made to Senator Abraham J. Palmer. Itepubll enn and Progressive, of tho VIster-Ureen district, and Senator Duhamel. Democrat, of Ilronklyn. yesterday afternoon at the Kxecutlve Mansion. "Last night," Senator Palmer said to dny, "1 couldn't say anything beyond re ferring all Inquirers to Mrs. Sulzer. That was because the Governor had requested me not to repeat what she told tne, de claring that Itv did not care to hae hui wife used as a shield against Im peachment. The story having been told there can be no harm In confirming It. 1 told It last night to Senators Frnwley and Foley, with the Governor's Injunction of secrecy In my opinion the crux of the whole situation lies In the statement made by Mrs. Sulzer." "Will Mrs. Sulzer be a witness on tho Impeachment trial?" he was asked, "1 understand she will," was the re ply. "In fact she will hae to." "Do you understand that she claims to ),,1V signed the Governor's name to all checks used In the Wall Street transac Hon"'' "That Is what I understand." Senator Palmer if piled "She told me that, or that W the way I understood It. Mrs. Sulzer looks upon her husband as a mere child as far as household finances are con cerned. The Governor nas no Idea of the value of his own money, nnd she under stood this." The full story of the Impeachment of Gov. Sulzer, with Its extraordinary maniriivrlng to Insuro enough votes to put the thing through, may never be told, but part of It Is known to three of the Tammany guard who look after the or ganization's Interests outside of New York city. Michael J. Walsh of Yonkers. William .1. Fitzgerald of Krle county nnd Patrick K. McCabe of Albany All through the early morning hours when the debate was dragging on with no limit to any speaker's time and the roll wbs being cnlled as If the Assembly had all summer nt Its disposal these three men were exceedingly busy In the room of Speaker Alfred 12. Smith Knch of them was at a telephone. Their Job was to make It absolutely certain that Gov. Sulzer would be Impeached. At 10 P. M. the organization leaders found that they had seventy-five votes In the As sembly chamber They must have seventy six. They wouldn't take the great risk unless they had several votes to spare. So while the Assemblymen dozed Mr. Walsh and Mr. Fitzgerald were dragging the laggards from their homes by long distance telephoning. It was. thanks to them, that the vote when It came at 5:15 o'clock In the morning whs 79 to to three more than nqulied. They were the hap piest men In the Capitol when the Issue was decided Perhaps the unhapplest were Gov. Sulzer's secretary, Chester C Piatt, and a group of the Governors friends vvhojipent the night In the gallery of the Assembly. When the vote was announced the As semblymen were too tired to make nny demonstration even If. they felt like It. Some of them had been sleeping with their beads on their desks, awakening only nt some Important exchange of words be. tvveen Mr Levy and Minority Leader liar old Hlnman. who put up a valiant light for Mr. Sulzer. After the Impeachment vote another task confronted the leaders. They had to keep their men cm lulled while the ar ticles of impeachment mine than ,'i.noo words were submitted and adopted, The truth about the article Ls said tn bo that Kugene Lamb Hlehards. the Frawiy committee's counsel, prepared them him self at Saratoga The were read tlist to the committeemen appointed ny Speaker Smith and approved without ills sent. They went through the Assembly as easily. It was 7 3 o'clock In the morning when Mr Smith wearily dropped bis gavel for the last time and declared the Assembly adjourned until the after noon. No nlnry fur Milver. The 7'liiir.-t"iiinii, Gov. Glynn's paper, sa.vs to-night: "William Sulzei's privilege of drawing the salary as Governor will be tested by the State Comptroller. It was said to-day. Not satisfied with tho pro spective attempts of t lie Governor to en deavor to secure the pardon of a convict and test his authority that way the , ,.,n,n,iier's department Is going to test , .. . , Governor to secure hs salary." No attempt will bo mnde by Mr. Glynn In imiwI Mr Snl7i from tin. tii.'inslnn provided for the chief executive bv the stnte ,,en,ng the Impeachment trial. Mr. uivmi lias a homo In Albany a well us , iVumry place at Cedar Hill, and he ,io,MMt .w.,.,1 .mother one at nreseut j T, Kesers vvete busy to-night giving 1 nut names of lawvera who they said j would rcpicsent Gov Sulzer at the ttlal. I n wn that they would bo chosen J fimu this list : James J Gordon of Phlla- , dolphin. Louis .Marshall. Holand Miller j nf Northport, L. I Judge Herrlck, Peter i 'al lisle, Samuel Hell Thomas, ex-l'iilteil States Attorney Henry A. Wie of Now Yotk. Kalnbrldge Colby. Lv nn J. Arnold ami Col. Altfxnnder S. Karon. Judge Hmrlck said to-night that nt least two lawyers hud been communi cated with, one nf whom was "very emi nent.'' Ho was supposed to bo referring tn liuls Marshall, The expense of the trial is one of the things that urn worrying Mr. Sulzer FAMOUS RAWS0N TWIN IS HELD. Nnlril for Hojlsb PrnnUs, Mr Is Cbnrued Willi Tbrrntrnlnu linn. H.vrKCNHAi'K, N. .1,, Aug. 13 Alhert !tiiwson, une of the famous Haw-son twins, wns arrested to-day chut god with forcing an entrance to Morris Flnkel's house and threatening him with a re. vnlver. llo was released nn $200 lull. Some eighteen years ago Albert and his twin, Alpbeus. pi ii , oil nil soils of pranks on the count! y folk and estab lished n den In the woods. They weio often arrested and chaigcd with all sorts of criminal offences, none nf which weie ever proved. They became constables, court officers mid policemen. They cnuld shoot well, wrrstlifc box, sing and dance, and like their father became artists. This Is tho llrst outbreak alleged against either since they gave up their boyish pranks T. H. HALL DIES IN AMBULANCE. Iluclirsler Merchant I Taken III Suddenly In Ritstnn. Korton, Aug. 13. Thomas II. Hall of Rochester, N, V., was taken suddenly 111 In the Atlantic avenue station of thn ICust Koston tunnel to-night. Ilcforn an ambulance from, tho Itellef Hospital reached the Institution with him he died. Medical Lxiimlncr Mngriith will perform an autopsy lo-moriovv. Ills wife, Mary i:. Hall, was with Inn nt the time. llocHKHTfil, N. V.. Aug, 13. Thomas II Hall, whoso Hiidden death on the Koston elevati'd iallin.nl was leportod liem to. night, was a dry gooda merchant, who lived at ii North Goodman street, BIGGER CHECKS GIVEN SAY FRAWLEY MEN Committee Members Declnre Sulzer Case Merely Hna Been Scratched. EVIDENCE IS VOLUNTEERED Inquiry Will Bo Pushed Also In Illphwny nnd Prison ( Depnrtmcnts. At.nANT. Aug. 13. Further disclosure concerning the fundr contributed ti Will lain Sulzer's campaign are likely to bn made between now and tho tlmo of his) trial of Impeachment unless tho members) of the Frnwley committee decide, that thn evidence they have already prosentcd ti the Senate Is sufficient. The committee professes to havo knnwM edge of matters which have not been touched upon so far anil expects to Rett fuither Information within tho next few In vs. It Is said that most of It tvlll In furnished voluntarily by persons-conccrnuil who had declines with Sulzer. "Much has been shown," said a. member of the committee to-night, "but a great deal more can lie shown. Tho surface, has) been barely scratched. Wo felt that a had enough evidence to make a prim fade case, which was nil that waa nccdeit' to brine nbnut the Impeachment." The committeemen Ix-Uove that th-j prima facie case Is strong enough to ex pi I the Governor flom his office and may stiilul on It Hut some of them urgo tlinC iulilltloii.il Information, being at their com. mand, w ould put the Issue beyond a doubU Informed of l.nrarr Ches'ka. They sa.v that th".v know nt other cheeks which were sent tn the Sulzer fund, but wile not mentioned In Ills affidavit: and that Home nf thisn checks are larger than any sn fur on rnnul, They declarn further that they have evidence that rep resentatives of the Governor during his) campaign solicited contributions, nnd even went further than the term "solicit" Im plies. They say that they will bring all these things nut If It becomes apparent that Gov. Sulzer's defence Is going to Jeopardize tho certainty nf his expulsion. Kugene Lamb P.lchiuds. counsel for thn Frawley cemmlttte, was asked to-night 1C any Information had come to the commit tee since Its report concerning additional contributions which were not Included In the affidavit Ho said that certain per sons had volunteered Information, but hu would not disclose the nature of It. The life of the Frawley committee en duich until the final report Is handed In. The original resolution creating the com mittee so provided nnd the supplementary resolution emphasized the point. So tho committeemen are preparing not only to go further Into the Sulzer side of thu case but to delve Into other departments. Among these departments are the high way nnd the prison administrations. They expect to bring out a grent deal morn l about the stnte prisons than has been 'shown bv them or any other committee, 'nnd they expect to show maladmlnlstia- tlon anil perharm more sorlous disclosures In regaid to expcndltuica for highways. The Mnrcliind Bill. Another matter that the rommlttee may take up Is the Moreland bill erating the snerl.'il Invevtlirtnrs Th.v thlt.lr Oiat (UTes't of this bill has been bad nnd ttut those under investigation have m,t had an opportunity to put their cases In the t rjght light licforo the public. They plan j to take action which will runedy this ll- ! untlon. I With the Senate and Assembly titklns a recess until next Tuesdav :ho Frawley ; committeemen will b.ivo time to got to gether and arrange their plans for the re sumption nf the investigation. Discussion of the i ilmlnal aspects of the case against Mr Sulzer Is taking plain : anions tho members of the committee. They are nf the opinion that they could make nut a case on which to base criminal action, but think that no one is llkelv- , to take up tho burden nf the proof. Any I citizen can institute suiii an action ill .now iiik eountv, inn so f.ii no one h.n volunteered. The suggestion that Mr Sulzer would resign at the last minute rather than face trial vvaa made again when It be came known that the Frawiey committee was prepared to present more cvidencn i annul campaign cneeKs. stock speculation ! and kindred matters. To this tho Gov. crnoi's friends reply that ho will flcht to , the end. H0RGAN TO BE ARRESTED. llennessy Wnnls to Punish Itrenlrl. trnnt Witness. Ai.Rt.vr, Aug. 13 John A. Hennesv bad papers prepared to-day for the ntrr-t of Matthew llorgitn, secretary of thn Frawley onmmlttro. who when subpcrnnr.l as a witness In the llennessy investiga tion of State departments tcfuscd to ap poa r. Before getting a warrant Mr. llennesy mntnreil to the home of Wesley O, Howard of Grafton. N. V. and Mr. llowaid told lilm that no warrant was necessary. A. sergeant nt arms of tho Legislature was empowered to pick Mr. Horg.iu up nnd bring him to the llennessy hearings at any time, Mr. Hnwatd advised. So thcrn will be no arrest Mr. Horgan Is the former bosom friend of Gov, Sulzer, who, tirrnrdlng to Mrs. Sulzer. know that she and lint the Gov ernor wa responsible for hs Mock buy ing with campaign money. UNION OBJECTS TO U. S. BAND. ('nunc Recall of l-'ort Terry Mnal cliins IVoni nathanipliin, Sot'TII AMPTON, Aug. 13. The I'nlted States nttlllery band from Fort Terry, which bad been engaged for the entire week of tho tit emeu's tournament hero, was recalled tn the fin t last night. Nn explanation wns. given The baud took tho llrst available train. Nkw 1,ovpon, I'nnn., Aug. 13 Col, ttlchmond P. Davis, district commander, recalled the Fort Tetry band because of protests mnde to blin by the musical union. aiiATmc CELEBRATED HATS FALL STYLES On Sale Thursday, Aug. 28 NEW YORK Chicago Philadelphia Agencies In All Principal Cities