New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-09-25

Favorable to SuIzer.
Thus the result Of the first days tes-
timony was somewhat favorable TO
Governor sulzer, particularly Mr..
Schiff's testimony that he placed no re-
strictions on the use of his $500 gifc.
This will enable the defence TO argue
that the Governor was not stealing
funds given for a specific purpose. but
using for his own benefit money given
freely to him. 1t is evident that this is
10 be part Of the line of defence.
Also favorable TO. the Governor was
failure OF the prosecutions lawyers
TO compel the defence 10 make an open
ing argument before the calling OF wit
nesses, which would have outlined the
plan Of campaign. President Cullen
ruled that this was not required.
Judge Cullen's suggestion that ques-
tions of law go over until the testimony
is in and be decided then along with
for either side. The question OF strlk-
ing out he articles OF impeachment
charging theft and perjury was q moot
point.
When Mr.. Schiff and Mr.. Morgen-
thau testified that they had placed no
limitation on the use OF their gifts
President Cullen said
"It possibly cannot make any differ
in a criminal prosecution I should have
10 charge the petit jury that IL the
owner consented 10 the use in any
manner of the money or check given
by the party to whom II was delivered
such use would not constitute larceny"
1t is true that the seven Senators
who voted for immediate decision ot
the question are clsssed as "Sulzer
represented the entire Sulzer strength
if that question had been up for imme-
diate decision. The pro forma decision
against the defence. though, permits
what the board OF Impeachment man
ayers wanted most-the taking OF tes-
timony about Suffers campaign funds.
Tammany Hall Not Known.
Testimony began almost at the be-
ginning OF ale afternoon session OF
court, when Mitchell May. Secretary Of
State, was called 10 the stand. Ile
produced the original certificate of the
chairman Of the Democratic state con-
vention that Sulzer had been chosen r
candidate for Governor and the oath
Of Office signed by Governor Suzer in
his presence. Also he produced the
statement of campaign receipts and eX-
penses sworn TO by the Governor.
This produced a brief cross -examina-
ton by Louis Marshall, who wanted 10
know If any statement Of campaign re-
ceipts or expenses had been filed by
the Democratic State Committee and
the Democratic County Committee of
New York County. Secretary May said
such statements were on file in his
office.
Was there filed a statement OF what
is colloquially known as Tammany
Hall?" asked Marshall.
Il know OF no such report on file
under that designation" answered
May.
Have you looked?'
May said he had not. but the name
had never come under his knowledge
officially.
George r. Van Nance. clerk Of the
Assembly, gave testimony and backed
1t up by documents about the presen-
tation Of the report of the Frawley in
vestigating committee and the subse.
quent adoption of a resolution i'm
peaching Governor Sulzer and Of ar.
ticles of impeachment. Mr.. Marshall
went so minutely into cross-examina.
ton that he was called to order several
times and many of his questions were
excluded. Finally President Cullen saic