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Show SULZER TO TAKE WITNESS STAND Governor's . Wife . Will Appear Ap-pear Only as a Last Resort. Albany.N Y Sept. 21 William Sul zcr will take the st.ind In his own defense at the Impeachment trial. An nouncement to this effect was madf today hy D. Cfldy Herrick. chief or the Salaer legal staff. Mrs. Sulzer will take the witness stand only In event of failure to have tho three articles ar-ticles of impeachment dealing wilh the use of campaign funds in Wall street stricken from the complaint. Though It is certain Sulzer will not be called as a witness until the clos ing days of the trial, his attorneys today began the work of preparing him for the ordeal Former Senator Harveiv D Hinman. who Is to hae charge e.f the defense, and hl9 part ners, Roger Clark, who was legal adviser ad-viser to Governor Hughes spent the day with Sulzer. A stenographic rec ord of everything he is expected to testify to on direct and cross-examination was made for the use of rls counsel When the Impeached governor takes the witness stand it will be his first appearance before the high court of Impeachment. When called upon to enter a general plea he will respond by counsel and will not set foot in the court room until summoned summon-ed by his own counsel. win nppcdr uniy as witness "Will Governor Sulzer appear at the trial to plead to the Impeachment in case the special pleadings are decided de-cided adversely?" former Judge Her rick was asked "I can only say that Governor Sulzer Sul-zer will not appear at any time except ex-cept as a witness,'' was the reply. "Will Mrs. Sulzer be called by the defense? ' "That .depends entirely upn the necessities of the case." "Will Louis Sarecky testify ?' "He will be on hand whenever he is wanted." " Does that an: Iv also to Frederick ' E. Cohvell. the broker, who refu.sed to testify before the Frawley commlt-J commlt-J tee " Judge Herrick was asked. "No; I understand he 1b out of the state He has gone away for his ihealth." . Reporters See Mrs Sulzer Reporters who called at the executive execu-tive mansion today to ask Sulzer to amplify his statement that he would not resign were met by Mrs Sulzer. "Will the governor hae anything further to say about not resigning ' was asked. 'Oh, my goodness, lie won't resign ' said Mrs. Sulzer. Should Sulzer lose the fight to have the lmpeRchment declared illegal lie-cause lie-cause it was made at an extraordin-j extraordin-j ary session nnd his counsel expect no other result, the most stubbornly contested con-tested battle will follow It will be on the motion to strike out the three articles of Impeachment dealing with Wall street speculation and the ncC nf .campaign fund? for that purpose There are many who predict that I the fate of Sulzer rests upon the ruling rul-ing on that point. Should lie 0so and the court hold that though com-, com-, mltted prior to taking office, these offenses are nevertheless impeachable, impeach-able, there is Httle doubt that Sulzer will be removed from offi'P Will Eliminate Wife It will eliminate the necessity of Mrs Sulzer taking the stand and ad mlt to thp world that she signed her husband's name to campaign checks and squandered the money In Wall street It will have also the far reaching effect of eliminating all but the plain ly political charges against Sulzer I'nder the rules of evidence it will) be impossible to introduce evidence that his attitude toward the stock exchange legislation was prompted by pri.ate Interest. He cannot be charged either with having advised Colwell, the witness called by the Frawley committee, to leave the state Colwell's connection was with the campaign fund transactions Victory on this point which will be fought out Tuesday and Wednesday would practically narrow the Impeachment Im-peachment down to a charge of c er clng legislators Attorney Confident "I have great confidence that the court will uphold our argument " said Austin C. Fox. who will argue this point for the defense. "If three ar tides relating to alleged acts committed com-mitted before Mr Sulzer became governor gov-ernor are not sustained there will be very little left of the case It would hardly last longer than two or three da s." Lav members of the court are he-coming he-coming Impatient at these legal quibbles. quib-bles. They believe the trial should be stripped of all technicalities and legal evasions nnd made a straight out Issue of fact |