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THE WEATHER FORECAST.
Unsettled to-day: fair to-morrow; light to moderate winds. Detailed weetfier report! will be found on page IS. tin. VOL. LXXXL NO. 19. NEW YORK, FRIDAY, SEPTEMBER 19, 1913. Ceeyrlpfct. till. by the Bun Printing end Pumthtitg Attoctnfte. PRICE TWO CENTS. SCHMIDT SEEN WITH BOY HE CALLED SON Police Find Another Place Used by OMl Slayer in His Operations. PRIEST ML RET S COUSIN Aschaffenbur$r Authorities Tell "The Snn" Dentist's Name Is Mueller. A cable despatch to Ths Sou from. Aschaffenburg. Germany, laat night says that Investigation there Indicates that Keenest A. Murat. under arrcat aa a counterfeiter and an accomplice of Hana Schmidt, slayer of Anna Aumuller. la Adolph Mueller of Mayence and a coualn of Schmidt. According to the Aschaffenburg author ltlea the men occupied themaalvee a greet deal In Germany aeveral yeara ago with hypnotlam and apltituallatlc aeanoea. They bad a quarrel and were bitter ene mlea for a time, but were reconciled be fore Father Schmidt left for America. Thla word from Germany offsets Behmldt'a statement yesterday that he had known Muret only ten months. The layer of Anna Aumuller says he quar relled with Murat laat month. Muret In j a note from hla cell In the Tombs said last night : I "Schmidt and I quarrelled In August, when we practically parted. Schmidt be- Kan then already to show eigne that St. I Elizabeth wae with Mm and he wanted to become a second Jesus. I called him i craay and he rot sore at me." Marat Fled Fro- MM. A cable despatch to Tnb Bvn from tan don aays that Dr. Muret Is a fugitive from English justice. He went under various names there. He was summoned to Bow street police court In 1911 for misrepre senting himself as a qualified physician, calling himself 8teln. but fled to France without answering the summons While Muret was In London he taught ! languages, sometime, as an employee of j for himself. He ueed the name of Brnst. I mvuiua smuwa . , ?T!k.?rT ' '"ur Mure in New York, and her mother. ! u,f0rmed undertaker', assistants, who I who have been living In Lhelsea for ' I haftt been waiting to take hla body to their 1 .ru... ,.- ..... ! Tk. .-a .ii.w. - at Dover which the nolle there say ' does not exist. The landlord of the Chel- , sea lodgings aays Vera is 17 yeara old.! Hb. ne'er had a sweetheart so far as ! ha knew and neither she nor her moUier var received any letters from America. I Muret has been traced to various ad dreeees In London. The latest was at 1. 1'..ln,(,fi,luiiH nln.s. K'llAM Unitl.llw drofea.es to have seen him It, London j w4thln six months. On the other hand. the officials of the medical associations ! who tried to proaecute him In Bow atreet j police court believe he has never been In j Urltlah territory since that time. ! aid He Waa Schmidt's Boa. The police discovered yesterday a fourth place which . Schmidt used in his crime operations. It was at 124 West Kighty fonrth street. Mrs. Manser, who rented a room there to Schmidt, waa worrying laat night because she had forgotten to tell Inspector Kuurot that when Schmidt went to thla room he sometimes brought with him a rlve-ycar-old boy. Mrs. Manser said laat night that Schmidt had a five-year-old boy with him. who he aaid waa hla aon. She aaked the lad hla name and he replied : Au gust Van Dyke." Van Dyke was the name under which Schmidt rented the room, and It waa the same alias he used at II Bradhurst avenue, where he killed Anna Aumuller, and at 2M2 Klghth avenue, where he took baby clothing made by his victim. It was In January that he rented the room." said Mrs. Manser. "I think It was from January 4 to January 1. One day ha brought a boy with him. The boy looked like Schmidt. In fact there was a striking resemblance. 1 remarked what a healthy looking little fellow he was and his father said the boy lived in the country and he mentioned New Jersey. I don't remember If he mentioned any particular town. The boy waa nice looking, a little shy and spake very low. and was apparently well cared for. He waa well dressed. Hewer Slept ta tlaasB. "He never alspt In his room at all and never came at night. It waa the smallest room I bad, with no wardrobe, but 4u.t . ahlKonier and a bed. He said: 'That will do, because I'm not in much. He paid ft a wash for the room. He had no baggage whatever. "Ha told me he waa out of the cUy a good deal, and from that I Inferred that ha was a travelling salesman. He seemed to eotno In only for hla mall. He got a number of letters and a package of shoes at en time. One of the letters I aaw. It waat a medical circular or some such "Ho probably came only four or five times whlls I was here and a eoupie times whan I was out It waa always In the morning or the afternoon, and he seldom stayed more than half an hour or an hour. I didn't see him when he left but ha left the kaya with somebody else. Hs came before the first week was up and nam for a second week. Then he left be fore that weak waa up. Some letters earns for Mm after no naa ten ana me jeauor sent them back to the poet office. "He never had any visitors. Anna Au muller or anybody else. Me seemed urbane, polished and dignified everything thaw would make a gentleman, i n aaw him without hla overcoat. He l . kaaok overcoat and a white muffler I never wore a darhv hat He ones said, 'I'm a real notch man.' and I took it from that that ho waa from Holland. 1 read of the Van Dyke In the papers In connection with the murder and then aaw hla picture. I aotlead the resemblance. He had big, fall eyes, aa in the photographs " It was said that aeveral women kaam amlttsa with Schmidt while ha had em ftarts) aa. AI0TKS1 MEW COMET FOUR). Pre. Baraard Sara It ta Uk Aeireld, bat Haa Tall. Chicaoo, Sept. II. Another new comet the second to be discovered this month has been located definitely In the con stellation Pisces, west of the star Omega, said Prof. a. F. Barnard of the Yerkee Observatory at Williams Bay. Wis., to day. Prof. Barnard calls the visitor "a remarkable celestial body." It waa die covered on September by Neujmln, a European astronomer. The first comet I waa found by the Rev. Joel Mecalf on September 1. Prof. Barnard sdvs that the comet ap pears like an asteroid, defined by astrono mers aa "a starlike body." but haa a nebulous appendage extending; to the east. This distinguishes It from ordinary as. ir i uiua. The new comet wilt not become visible to the naked aye, but may be seen through a Ave Inch telescope. It differs from the Metcalf comet In being periodic ; that Is, It will return at stated Intervals. CAN FREEZE OUT HAT FEVE1. Refrigeration Also raa Preveat Frarlaaj af Collars, Says l.ectarer. Chicaoo, Sept. II. Refrigeration may be used to cure hay fever and tn prevent collars and cuffs from netting: ragged edges by cooling them In the ironing room waa the Information given to delegates to the International Congress on Refrigera tion here to-day by H. 8. Van der Vaart of Chicago, who spoke on the growth of the refrigeration Industry in America. He cited that other uses to which re frigeration is put Include: Kxtractlng gasolene from natural gas, testing deli cate machinery, fighting destructive inflect pasta on fruit trees and vlnea, preserving delicate ferns, fruit and grain1 aeeds and prolonging animal hibernation. "JOKER" SPREADS STORY THAT HETZ WAS DEAD Dozen Undertakers Await Con pressman's Train He Escapes Them. When Congressman Herman A Mela j stepped off the Pennsylvania Railroad's '' WathlnBton pre at g :07 o clock ,t I . . ..... ... n'nt n DM,d two "" chairs, wo there because some would-be Joker called up Mrfc MetI , homr , Brooklyn . nd " CongTeMman's office and ..Id that he had been stricken with heart disease en the train. I When Mr Mrtr. got off the train he was , t . . met by men from the office of his company. " Farbwercke-Hoechst Company, at 121 Hudaon street, who grabbed him and wanted to know how he felt, when Mr. Meta learned of the rumors he Brooklyn to rcasaure his wife "7 . , , . . and thus escaped questioning by twenty or more reporters and several under- takere. The undertaker's assistants and J. K Met iowan. asalatant manager of the Frank E. Campbell Undertaking Company In West Twenty-third street, went to the Pennsylvania station in response to a telephone message received about 6 :3ft o'clock to the effect that Mr. Metz was dead or dying on a train which would arrive from Washington. So they dashed up to the station In an automobile ambulance with stretchers and rolling chairs. Before the Congres sional Limited came at 1:10 o'clock six more undertaken along Tenth avenue had heard the rumor and sent men to the atation. When he was not found on the Con gressional Limited all waited for the Washington Express, which got In at 11:16. Still no Mr. Met.. Then with one accord the undertakers, who hsd been growing uneasy, walked out of the sta tion with their hands behind their backs, admiring the celling. That broke up Mr. Mets's reception party and everybody left. Mrs. Met. said last night that the Con gressman arrived on the I o'clock tralh, and was perfectly well. She said that Mr. MetS was surprised to see so many persons watting for him at the station, but did not stop to find out what they wanted, as he hsd hurried home to re assure her that he was well. "I think it waa carrying a Joke too far," aaid Mrs. Mats Indignantly, "and I think the person who would do such a thing and shock a whole family so badly should be shot" SOLDIER CULPEIT SOUGHT. Me Attacked an Fishers Island Aged Weataa Who May Die. Nsw London, Conn., Sept. 11. Six hundred soldiers, representing half a dosen companies of the United States Artillery Corps stationed at Fort Wright Ft.hera leland, N. Y were called to gether unexpectedly for roll call and In spection shortly after noon to-day by Col. Davis In an endeavor to ascertain who was guilty of an aasault upon Mrs. Emily Boers, 72 years old, who has lived on the Island for about thirty-five years. Mrs. Sears and her two grandohlldren were alone In the Sears homestead when a soldier appeared and attacked the woman, strangling and assaulting her. The cries and shouts of the grandchil dren attracted Ordnance Machinist Baker and upon hi. appearance the soldier darted through a rear door and ran to a neighboring swamp, where he hid. Baker telephoned to Col. Davis and a guard wag sent Immediately to search for the miss ing soldier. Orders were Issued also to round up every soldier on the Island to ascertain who was missing without lesve of absence and to watch for a soldier with damp clothing or moddy shoes. Of ths sevsrsl hundred soldiers ex amined every one passed muster, but the Investigation I. still In progress. It wss reported thai two soldiers wider suspicion are oondned In the guardhouse. Mrs. Hears whan found by Baker waa unconscious and physicians say that ow ing to hsr advanced age she may net pa. SSiS'GOVlORS IMPEACHMENT TRIAL uviL,, iiiuuu uulwuui Member of German Nobility Forbidden to Wed Ber lin Banker. FATHER ONCE A WAITER Prince Wilhelm of Saie-Wei-mar-Eisenach Worked Here at Odd Jobs. Sprrinl CtoU Dmpntch to Tmt St Hudklbkru, Sept. IS. Princess Bophja, the only daughter of Prince Wilhelm of Saxe-Wetmar-Klsenach, killed herself with a revolver In her room in her father')) castle here laat night. The act Is supposed to have been caused by melancholia, brought on he causeof the apparent ly Insurmountable ob stacles to her marriage to the man of her I choice and Hie hopeless, loveless future I before her. j J;Z:ZZL von Bleichroeder, son of the head of the famous banking house of Berlin. His father was ennobled for valuable financial services to the empire and is one of the most in fluential financiers in Germany. The story of their love haa been rumored for some time and It was said that the young baron returned her affection; in fact they were betrothed. The romance was shattered, however. by the opposition on the part of the family 1 of the Princess. There have been vague rumors of violent scenes fjn the family of the, young woman. The Princesa made tearful, pathetic and hysteric appeals for permission to marry the man of her heart, but her relatives remained immovable. I. rand Dake Opposed Marriage. The rock in the path of the happiness of the Princess is said to have been the Grand Duke Ernst of Saxe-Welmar- j Eisenach, the head of the house, who is aaid to have declared his unalterable oppo- sllion to the marriage not so much because I the Baron was beneath the Princess' in rank as because the young mauls lather is a .lew who has refused to renounce his creed The father of the Princess. Prince Wil- helm, is said to have been won over to her side, but as he has little means of his own and livM1 on .pHn,r ranted Mm by the Grand Duke Ernst his consent to bis have resulted in his allowance being stopped. It was given out early this morning that the Princess had been found dead in her room and that she had died of heart dis ease. Humors that she had committed suicide aeon began to circulate, which. while no official statement was made, were - . . ,, . . . . Jen,, wjm deliberately fills out a false confirmed by well Informed persons wha16 no u"iieij are close to the family. According to the story told by these people the Princesa bade the family good night as usual shortly before midnight and retired to her apartments. A few minutes later a shot wa heard and the lrincess was found dead on the floor of her room with a pistol in her hund and a hole in her forehead. Brother la Varloae Scrapes. A brother of the Princess, the Count von Gslheim, had to leave here and go to London because of his marriage to an actress and various scrapes In which be was involved. He got Into the bankruptcy court in London shortly after his arrival at the Kuglish capital, lie gave up his title of Prince Hermann of Ssxe-Weimar-Kisenach and heir presumptive to the grand ducal throne, lie attached to a crack Berlin regiment, but was a no torious spendthrift and soon became in volved In the nieahes of the law. He tried to retrieve hla fortune by a rich alliance and waa a suitor of Marie Buonaparte, who afterward married Prince George of Greece and who got her wealth from the money her father derived as part owner of the gaming table at Monte Carlo. After he had been deprived of all his honors and hla title and shipped to London fount von Ostheim married In London an Italian chorus girl known aa Wanda alters, who had won a prize aa a beauty In Milan. He was a conapicuous figure with hla w Ife at the New York Horse Show of 1009. His wife afterward got a divorce from him In the Paris courts. Her Father Was New York Walter. The career of the father of the Princess. Prince Wilhelm, was almost as stormy as that of his son. On account of troubles at home he spent some years in the I ntted State under an assumed name. He served in the Foreign Legion of the Dutch army In Sumatra. In the I nited states he earned his living under the name of William Hohde. He worked as riding master, clerk, book sgent and waiter, but he was overtaken by Illness in New York and his relatives brought him home. Then he married the Princess Gerta of Ysemburg-Buedlngen. His younger son. Albert, a lieutenant In the Cuiras siers, Is now the heir presumptive to the Grand Duchy, aa the father is excluded from the succession because of his unpopu larity Baron von Bleichroeder had arranged to enter the diplomatic service laat year and .rr.nB.m.nU U'.r. KmIiiv m.it. for this end when Foreign Minister Kiderlen-Waeoh- ter died. The Kalaer at that time w anxious to get young business men Into the aervioe.but the successor of Dr.Kiderlen, Weechter apparently did not carry out the letter's plans In regard to Baron von Bleichroeder, aa nothing more has been heard of the appointment. Voang Baroa Visited Beer York. Baron Hans von Bleichroeder wss in New York three years ago studying the New York banks. The young man, who was ssld st that time to be heir to fMO.OOO, 000, kept hla identity secret for ten months to all except hla most intimate friends and spent all of hla time in studying finance. Pour barons and a count attended a fare well informal dinner in his honor st ths Hotel Hreevoort before he left for horns. Boms one chaffed the Baron with having concealed hla Identity because of his fsar that some designing American heiress might ensnars him. He denied this and added: I hare visited In Newport, Chicago and New York, where I met many beautiful American women, out i am returning now to Europe without being engaged. I like American women immenaely. In fact there Is only ens other piece in the world where the girls ean be compared with the girls here as regards beauty, charm and rATin nrMATAnn inr rUUK DEJNUUKO AKL 1U DL LnALLLlN ULU; STRONG BRIEF FOR THE PROSECUTION Ex-Senator Bracket! Shows Power of Court to Try Governor. "HE COMMITTED CRIME" Brief Say Election Cannot Be Condonement of Perjury. CITES THE BARNARD CASE Was Impeacl,ed and Con- victed in Second Term for Offences in First. Albant, Sept. II. The brief of coun sel for the managers of the Assembly who sre prosecuting Gov. William Sui ter before the high court of tmpeach- i ment declares that "wickedness In a can- i dldate la surely Inherited by the official aa an hereditary taint by the child from the parent" and that "misconduct aa a candidate corrupts public duty In office." ' It Is pointed out that the sworn state- ' ment of election rrcelpt and expenditure. , required by the corrupt practices law hag been prefixed to public office and that this is "what we may call an of ! ficlal vestibule, so placed that a pe sou entering Into the office must pass through it." The brief says: "He Is certslnly subject to the direc tion of the law from the moment he is nominated. By this corrupt practices legislation the position of a candidate Is ( legally Indlssolubly linked with thst or the official. It Is as much required thst he shall make this statement of the amounts received by him and the ex penditures as It is required that he shall take the official oath as Governor when Inaugurated. The one cannot be sep arated from the other and one la as posi tive a direction as ta the other. "The making of a false statement of receipts and expenditures Is just aa ranch a violation of duty and the mmenkwrten of a crime a la the violation of the official oath taken by Induction Into office. statement In November Is not mted, nor m. for public office tn January : he who j commits larceny In October may not be entrusted with the responsibilities of high office three months later. "The World Hatoa a Liar." "In nil thla there is nothing of effort to conVict William Sulxer of lying The world hates a liar, but It Is not for lying that we ask the conviction of William BUlaer He Is charged with filing a rat.e certificate of contribution, made to him. In doing so he violated the law and com mitted a crime." These quotations are the ronduslons of an exhaustive brief prepared by counsel for the Assembly managers by Edward Trumun Hrackett and Indorsed by the as sociate counsel. Alton B. 1'arker, John B. 8tanclihld. Isidor J. Krescl. Eugene Lamb Richards and Hiram C. Todd, and Zriimp;.c;menr William Sulzer and remove him from the mainly upon these conclusions is the high office of Governor of the State. The artlclos here charge Impeachable it nMv.n us set out thev re- uurin. .. . - quire a verdict of guilty from this court." Thla Is the opening sentence or tne Hrackett brief, which declares that each I of the eight articles of the Impeachment save the eighth charges HOT. wuiser wun crimes ; the second with two crimes, with filing a false report and with perjury in swearing to Its correctness. Brie Groaad. "We are not now arguing the com- pleteness or the sufficiency of form of the articles." say. the brief, "but the broader question of what constitutes impeachable offences, and whether, the form of the ar- tides being held good In whole, or In part. and the facts charged proven. W illiam Sulxv is guilty of offences for which Im- peachment may be had." This brief was prepared with a view of giving an exhaustive review of Im- Deachments of the past 10 aid the court In passing upon npnssi be raised by counsel for Gov. Sulxer at the outset of the trial. After reviewing 7 . ... 1 . 1 ml.h. these authorities counsel lor mo uu.ru ui managers says : . "It Is manifest, on both reason and, authority, overwhelming autnorlty, tnat Impeachable offences are not limited to Indictable crimes, but that Impeachment j muy be had, not only for statutable Crimea but for anything In 'the nature of what happens. Of course, It would be bet crime that demonstrates unfltneea to ex- ' tmm for the organisation If he la ac- erclse the functions of office, anything that evidences unfitness to associate with decent people, who must meet the of ficials doing the work of the State. "But In these Impeachment articles, certainly In all save the eighth, crime la charged perjury, larceny, violation of the election law and of the criminal code all matters punishable by fine or Imprisonment, or both, which brings them exactly within the definition of crime. Offensive, Not Impeachable. "This Is no trlsl for disgusting manners, nor for lack of dignity, nor for Immeasurable boastings all of these may be offensive to the last degree, but they sre not In the charges here, nor Im peachable. The defendant la charged with crimes. So the controversy that has raged round the point whether crime must be charged agalnat the offender, or a mere violation of duty, positive or j negative, sufficient to convict Is not here, at an. The defence, however, rests. In large part at least, Usan ths proposition that while crimes are charged against ths de- I . CanHaeed en retrd Points in Prosecutions Brief Against Impeached Governor Impeachable offences are not limited to indictable crimes. Impeachment may be had for anything in the nature of crime that demonstrates unfitness to exercise the function- of office. It was contemplated that a criminal holding office should first be im peached and convicted and thereby stripped of his official influence and power to thus acquit himself by the methods stated (remooing the District Attorney who prosecuted hinfjhe Judge who sentenced him, and finally pardoning himself). What is the result of holding that a person guilty of. for example, per jury, who, successfully concealing his criminality, chances to be elected Gov ernor of the State, is immune from prosecution or proceeding to remove his baleful presence from the Executive Chamber and residence? There is little support In the precedents for any such doctrine as this, that an election to office after the commission of the crime for which impeach ment is sought is condonement of such crime. In the Barnard case the Justice was impeached and convicted during his second term upon articles charging offences committed in his first. The Constitution and laws of New York, recognise the principle that personal crime may create a personal disqualification, although the particu lar offence may be totally disconnected with the office. They do not limit the range of impeachable acts, omissions or defaults which may work, such disqualification any term of office or to any time or place The world hates a liar, but it is not for lying that conviction of William Suiter is asked. He Is charged with filing a false certificate o) contributions made to him. In doing so he violated the law and committed a crime. JEWS ON EAST SIDE PRAY FOR SULZER Relieve Accused Oovernor Is Mart.vr: Revolt A pains t Tammany Accusers. The East 8lde Is praying for Sulzer. Stand aome afternoon this week In front of any one of fifty synsgogues and watch the old men climb' the ateps and go Inside to pray for the man who haa told them again and again that he I. their defender. Those who heard Bulger's speeches nJgtn after mgbt dating the campaign re member how he used to say : "To-night 5.000.000 Jews In Russia are praying for William Sulaer." And now, when Suiter te fighting for his honor. New York Hebrews are going in their avnasocues to do what Sulxer said so msny timer the Jews were doing I peachment articles. in Rusala I Assemblymen Levy, dinns. McBlllgOtt, They Mill believe he Is their defender. , lllnman and others killed time by tntk All through Sulxer's term as Oovernor j Ing speeches for. ahout and to Oarrison. men from the East Side of New York some In sorrow Hnd some in uner. Mi. have gone to Albany for a talk with him. , Garrison laughed and waa defiant. Finally In the Executive Chamber, where Sulxer I H resolution adjudging Garrison In con used to do most of his talking, you could I tPrnpt waa paJI!W(i anrt Sergrant-at-Arms see almost any afternoon a group of East I Mu look nm ,fore ,h)1 hnr of th aiders waiting with petitions, j ne uo emor would meet them, shake them solemnly by the hand and assure them that he woulil do Just as they asked. In most cases promise was enough. Th. East Std.r. in their long coat, and , flat hats would come bark to New ora satisfied that their grlevancea woum - aMended to by the man who protected them In Congress. So .ver since the Tammany A"""- ,., senators began to muater their . d u,nmtors began to muster ...,.,.,,- s.alnst Sulxer the Bast Side has bwJ (n ferment. The Yiddish news- i paper hMve pictured Sulxer a martyr, Tne lwope i, upon him as another pr(lyfu. Even In the districts where ,h, Tammany control has been beyond 'dispute tne irrun ji rnwi ssss I until I'harlea I. Murphy and the Tarn- nmny leaders have begun to wonder j wnether they can keep their voters In j n(, for ,hH coming municipal election, ! Ag fr M hB EaBt sa lg concerned et i m n(( m(tk(1 murh n(vercnr whether . f ultlrt or not. , . oa't Brllev. Teatlmoay. j , "if the Governor I vindicated fhe East 1 side will make a hero of him," said Dr. ! William I. Slrovlch, who got up the .. . L...L. .,.. 1... . 1. .1 ; auiser oinnwtj union sssu.'in ir ne ta found guilty the people will say ne Is a martyr. They simply won't be- ,eve , testimony, -hey will say It was f ramed up agalnat him. ..Tne effcot f inc whole thing Is that the Assemblymen and Senators who voted ! Bgalnst him will have the right of their I uvea to retain their districts. As It looks I . now, they won't be elected, no matter quitted, for then the feeling may die away Hut If he I. convicted the men who voted against htm will be held up aa his execu tioners." Perhaps the feeling will spend Itself on the candidates for the Assembly, who come up for reelection this fall. The strength of the organization at the pri maries waa auch -that all who same, up for renonilnatlon woa places on the ticket, but at the election a different story may be told. Mayor Gaynor waa the favorite of the three candldatea for Mayor. There was no sentiment for John Purroy Mltchel. Now that the Mayor Is dead. Judge Mc Call will fall heir perhaps to his sup port among the Hebrews, even though he Is the candidate of Tammany Hall. He Is known as a Sulser appointee and the East Side papers have told It whenever Mr. McCall went to Albany to eee the Governor. When they vote for him, they wln 0o i, not because he Is a Democrat but because he Is Rulser's frlsnd. But meanwhile the synagogue, have the Legislature la to remain In session for I than the one upon which William stui their crowds of worshippers, and wher-, the balance of Ihe year. j entore(i to-du.v. Say what you like over iw vsisws .UM wwrssjH an , tv nr rTni GARRISON GOES TO JAIL FOR CONTEMPT m ... . .,.. Hecalcitrant Witness I Intllyl Goads Assembly Into Ac tion Ayainst Him. 1 Aubakt. Sent, li While the Avemhiv was waitlna from 11 P. M tut th morning hours In hopes of getting the " rno plain In two ways that Oov. necessary votes for additional article, of Sulzer does not yet recognise the author impeachment agaln.t Oov. Sulxer. Jamea lty of the high court. C. Garrison wandered Into the Chamber. When Presiding Judge Edgar M. t'u Mr. Garrison la a reporter who used len called for "the Oovernor of Ne to hand out statements In the Executive j York ' .Mr. Sulzer did not respond! lie Chamber calling the Governor's enemies , noma wi,n n)s wife, "ruffians' and worse He has refused to gU-Judge D-fady Merrick. Whn rose answer questions about a report credited to him that four Assemblymen were .o creed Into voting for the original lm- . Assembly. . protestgnt on constitutional grounds I "The Assembly, Jealous of Its honor and against the riht of this court to tr j Integrity. ni ak yeuvons question him for "high crimes and mlademesnors." i through the Speaker of the House." said .Indue t'ulleu ruled Unit time for cha' Speaker Smith. "Pld you sny to any on. ' lenges and tor Constitutional debate, if to your knowledge votes were purchased cither Is to be permitted. Is after the to pass the impeachment resolution In toe Brfasea to Answer. "I sm sorry. Mr. Speaker, 1 am not in i a position to answer that question, re- ciarrlson. "You can answer that question. vs or no," said Speaker Smith "I can answer no question until the As I sembly permits me to have my counsel here," replied Garrison. "We are giving you a chance to clear - - - , tlon." .aid Speaker Smith. I "I think It is for the Assembly to dear Itself; not for me to clear myself," re- torted Garrison deflnntly. and at this a murmur of disapproval was heard from the Assemblymen and Majority Leader Levy said : "I move that Garrison be held In the custody of the sergeant at aims awaiting the action of the House and I will Im mediately draft and Introduce a rsSOiU. lion providing for his being locked up In the Albany count) penitentiary until he ..... purges hlmseir or contempt. ; gj 11:85 A. M. the Assembly took a ahrt rPress to permit Mr. Levy to draw - ni, resolution and Garrison was taken in charge by the sergeant at amis. To the Penitentiary! It was :tl A. M before the Assembly session was resumed and Chairman Levy Introduced the resolution to Imprison Gar rison In the Albany penitentiary. It directs the delivery of Garrison Into the hands of the Sheriff of Albany county, who Is to keep him conflnqd In the Albany county penitentiary - "until the final ad- journment of the present session of the legislature unless sooner discharged by order of the Aaaembly." Upon a slow rollcall the resolution was adopted by a vote of ayes II, noes 3, Schaap, Glbbs nnd Knott voting In the negative. At 2:12 A. M. the Assembly H.llomne.t until noon on Vriilav The sergeant-at-arma ordered an auto- ! vote la permitted he will get an idea of mobile to take Garrison to the pvtilten- ' what the Court of Appeals Judges think tlary. which la off Delaware avenue, about of this important contention of the de twenty mlnutee walk from the Capitol f.nc. and thut la what Oov. Sulser building At 2:IS A. M. Speaker Smith signpd Garrison's commitment to the peniten tiary snd Garrison wbb started for Jail lu the automobile, where he waa received by the Sheriff. resolution I. horned , untlV 1 LeVuutur; sdiourns. and from 'ne present outlook am I - ...... V... tsa 4I1 soik OPENS; i rxmrn Forty-eight Senators and Nine Court of Appeals Judges Sit. StTLZEB XOT PRESENT His Counsel's Protests Wait on Adoption of Rules To-day. SESSION OF 55 MINUTES Presiding1 Judge CoHen Is Dominant Figure in High Court. ADMINISTERS SOLEMN OATH j Proceeding in Senate (Jhsnilier I Are Marked by (treat Dig nity and Quiet. Albany, Sept. 18. - fn fifty-five tense minutes, half of which were consumed In swearing In Its members, the hlfc'h court of imp hmCRI was orKanized to-day to try William Sulzer. To-n.ght both sides are preparing for the Ion argument n. to the right to try hlin. prob.blv cmlnR to.morrow, anJ whtcn will precede the taking of testimony. The court adjourned to-day after nn- pointing a committee on rules and pr- i cedurc. in the brief, rapidly moving, I solemnly picturesque session Which be. I Iran at noon and ended at U'::..'- O'clock. j In the Governor's behalf, said: "We an- I pear specially for the purpose of raising i certain questions regarding the organl. I xalion of the court and its Jurisdiction I over the respondent.'' Qmr, miser Protests. in other words, Judge Herrick and te six other lawyers who sat niiti him around a tnahoKiiny table reprct-ente.l not sulzer the defendant but Bulger the ruie. committee ha reported. That re- port is due to-morrow morning; at lu o'clock. The Senators whom Mr. Herrick wishes to challenge are three members of the FYavvley committee. Senators Krawley. Ramsperger and Sanner, because he thinks thai havinK prepared the Im peachment evidence they prejudiced the case, and Senator Robert K. Wagner, who, according to the theory that he la noting lieutenant -Governor In the im peachment' period, la constitutionally j barred from the court in the opinion I of the Sulxer defenders. 4s Senators. A Judges. The High Court gg organized to-day has flfty-secn members, and thirty-nine ; will be necessary for conviction. Forty j eight Senators said "Here" when Clerk I Patrick E. kfoCabe called the roll and I nine Court of Appeals Judges. The only absent Senator was John C. FltxgeraUJ ' of New York and the absentee Judge, j wns John Clinton Gray, who is In Europe. I The three former Supreme Court Jus- i tlcee who are In the Court of Appeals by deslKtiallon. Hiscock, Chaae and Miller, all Republicans, were permitted to sit, nobody questioning Judge Cullen's opin ion that rhey should be. The celerity with which Judge Cullen stated that opin ion seemed to startle Alton B. Parker of I progaoOtton Mid M'Jutfgg Herrick of . . , the defence, but their acquiescence waa j as courteous as It was crulok. I Few persons here believe that Judg Herrlclt will get In hla point as to the unconstitutionality of the trial, but if a wants. In the way of Impeachment trials, certainly neither Warren Hastings, Al ways thn classic reference; Andrew Johnson nor Nnw York Htate'e cwn Judge ! Barnard was subjected to a fairer or. to those present, a more Impressive ordeal of New York legislators, these. Senators up at ths onpitoi are sitting en lm.mil mm Jf I and that is regis, ' i