The Prescott daily news., 1913-09-27
FREDERICK A. COLWELl AND LOUIS A. SARECkY, GOVERN
 OR's SECRETARY, FOUND.
DEFENSE FAVORED BY RULING
Will Permit All Testimony Showing Intent of Donors-Witness Tells of Destroying Check to Avoid
 Appearing in Case.

crowds attended the latest session of the. Sulzer impeachment trial in the hope of hearing Louis Sarecky and Frederick Colwell testify. They were disappointed, however, and the wit nesses will be heard Monday, there being no session of the court today.
 Sarecky formerly was the govern ors campaign secretary. In his ca. pacity as secretary he handled much of the money contributed for the gov. ernor's campaign.
 Colwell, whose home is in Yonkers, has been termed the governors dun my in his Wall street deals.
 At the opening of the session At torney Kresel introduced in evidence letters written last fall by Sulzer to William J. Elias and William Hoff man, brewers, who contributed to the fund turned over to Sulzer by former Senator Stadler.
 The governor thanked Hoffman flor all you have done in my behalf" The letter to Elias expressed appreciation for your letter and inclosure."
 Judge Lewis Conlon of New York, the first witness, told of handing Sul ger a $100 check from Daniel M Brady.
 What kind of a contribution was sel for impeachment managers.
 Tt was a contribution to help him along in his campaign" said Judge Conlon.
 In the cross-cXamination Judge D. Cady Herrick questioned him as to conversation he had with Mark M. . Potter, who, the witness testified, had given him a check for Sulzer.
 Did you have any conversation con. cerning Sulzer's financial condition%
 Objection to this questiOn-that it was not competent-was entered by Attorney Stanchfeld and was over. ruled by Presiding Judge Cullen.
 The members of the court voted, 49 to 2, to sustain tn eruling of Judge Cullen.
 Judge Conlon then read his testi mony. He said he had talked with Potter about helping out the governor
 Didn't you tell him. asked Judge Herrick, that he ought to have a new suit of clothes?"
 Well, if l did it was in a joke" the witness replied
 Well, didn't you as a matter of fact tell him that he needed a new suit of clothes and new hat for his campaign up the state?"
 Yes. l said something like that"
 You wanted to help him out with his personal expenses. didn't you?"
 As said yesterday, I didn't place any restrictions on the use of the money. l believed that Sulzer did not have a cent about the time he was entering on his campaign"
 Daniel M Brady, the next witness declared he had destroyed both the check and stub which he had contrib uted to Sulzer.
 Why did you destroy them?' asked Senator Bussey.
 Because l realized the entire mat ter was a fight between two factions. was friendly to both sides and didn't want to get mixed up in it. 1 thought that to destroy the check and the stub would be pretty good way to get out of it. But found out my mistake. as l have lost a great deal of my time from my business as a result"
 direct charge that Gov Sulzer asked him to commit perjury was made late in the session by Duncan w. Peck, state superintendent of pub. lie works. Peck said he gave Sulzer $500 immediately after he was nomi, mated for governor. Last July he was subpoenaed before the Frawley com. mittee to testify.
 "I went to the governor in the ex. ecutive chamber" he said, "and showed him the letter and asked him what I would do. He told me Forget it. I asked him what I could do if they had me under oath, as they prob. ably would. He replied: Oh. do as shall, forget it "
 Peck's statement came after Henry W. Morgenthau had testified that Sul ger asked him to be as lenient as pos. sible in his testimony before the i'm. peachment court. Morgenthau said the request was made after he had re. fused SulZer'S reOueSt to come to Al. bany for conference with the gov. ernor.