The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-25
Votes Unanimously to Admi
Any and All Testimony.
SCHIFF'S TESTIMONY HELPS
Prosecution VIII Try to Get
Him to Qualify 1t.
Defendants Counsel Content to
Sit Back and Wait.

Albany, y. ~ sept Z0.-I lie SOOA
of impeachment for the trial of Gov
ernor Suizer today unanimously voted
in favor of admitting all testimony in
reference to alleged campaign contri-
buttons received by the governor
whether specified in the articles OF
Impeachment or not. The point arose
on the testimony of Mossir Tekulsky,
a New York liquor dealer, and former
president of the New York City Liquor
Dealers association. He has known
William Sulzer for % years, he said,
and considered himself an intimate
acquaintance. When he started to tell
about the organizations contributions
to Sulzer, Attorney Marshall objected,
supporting his objection by a lengthy
argument. He maintained there was
nothing in the articles of impeach-
ment regarding this witness. The
purpose of the articles of impeach-
ment, he contended, was to give notice
to a respondent of the nature of the
accusations against him and to afford
him time to prepare to answer.
1--WE are now in the position" Mr..
Marshall continued, more than 80
days after the filing of the articles,
of being confronted with a charge
which we have not been notified to
defend. This is merely at attempt to
recast the articles of impeachment
at the very moment of trial
Mr.. Stanchfield, in reply, declared
that the managers have secured and
are prepared to prove that SulZer re-
ceived a large number of contributions
vastly in excess of those which appear
on the face of the charges. There is no
question as a matter of law but this
evidence is admissible.
Charges Deliberate FaIsehoOd.
1.-The managers charge that VIM. Sui
zer filed false statement of campaign
expenditures Intentionally. He studi
ously concealed contributions from all
sources where he thought their public
acknowledgment might injure his pO-
litical future. The amounts We're de-
liberately omitted by design and in
tent. Therefore, we claim that it is
proper that we should show all in
stances wherein he acted in manner
that renders him unfit to occupy the
high place he now fills
'One of the governors defenses is
that the omissions were the result of a
mistake. We charge that he deliber-
ately set out to falsify his statement
and that he accomplished his purposes.
These transactiOns-a hundred or
more in number-constituted a common
scheme, design on the part of the re-
spondent. to display certain contribu-
tions and conceal others. 1 concede
that the failure to report one might
have been accidental; two, a coinci-
Qenc6, out TO fa1l to account for a hum
dred is a crime
Motion OverruIed.
Presiding Judge Cullen then render
ed a long opinion on the question at
the conclusion of which he announced
he would overrule the motion and sub
init it to a vote of the court. The pre-
siding judge said that if the present
case were a criminal trial he would be
disposed TO exclude evidence of charges
not Snecified in the Indictment
This case, however, he said, should
be construed with greater latitude
He added that article six of the i'm
parchment had mentioned the receipt
of $4,000 by the governor without nam
ing the donors and that counsel for the
respondent had an opportunity to ask
for bill of particulars.
This said Judge Cullen, they did
not do"
Court adjourned for the noon recess
with Tekulsky still on the stand. AT
the outset of today's session the ques-
ton whether the use which Governor
Sulzer made of the $500 given him by
Jacob H. Schiff, constituted larceny,
precipitated a heated argument. No
final decision was rendered by the
court. Upon its determination depend
ed the question as to whether the gov
ernor is guilty of the most serious
charge against him, in the event that
it should be shown in every instance
that no restriction was placed by the
donors on the gifts of money received
by Mr.. Sulzer during his campaign.
May Not Call Sulzer.
Albany, Sept. 25.-Gov. Sulzer and his
attorneys emerged in good spirits to-
day after a conference which lasted
several hours. Judge Herrick was
asked if the testimony given to the i'm
peachment court yesterday had caused
any change in the plans of the defense
He smiled broadly as he replied:
Il don't think it will be necessary for |
Governor Sulzer to go on the stand" |
Nevertheless the governor is still at |
work assembling the story he expects |
to tell. He has assured his friends that |
it will prove a knockout blow to the |
case of the prosecution.
In view of the testimony of Jacob |
H. Schiff, a New York banker that he |
contributed 81. 500 to Governor Sulzer's |
campaign fund with no restrictions on |
how it should be spent, lawyers for the |
decided to recall him to the /
witness stand at the impea chment pro- |
ceedings today. They hoped to draw
from the banker a qualification of his |
statement made yesterday.
Meantime counsel for the impeached |
governor were satisfied to sit back and !
wait for the next move of their oppo- |
nents. They regarded the testimony of |
Mr.. Schiff as a big victory for them |
Other witnesses called to testify re- |
garding the governors financial deals. |
were on hand when court opened
Isidor Kresel of counsel for the pros |
ecutiOn, said that he intended to build |
up the story of the governors various |
financial deals by the testimony of |
bankers, bank employees and en- /
ployees of Wall street brokerage firms.
Thomas NJ. Goodwin. paying teller of |