The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1913-09-25
AGAINST


Judge Cullen overruled the motion.
without prejudice to its merits. and
recommended that decision be re-
served until the testimony was all In.
This mendation-termed a pro
lorna optnion-was adopted by the
court BY . vote OF - to z. The mega
tive votes were all cast by Democratic
SenatorH
sehIf on Stand.
8ehfR took the stand after counsel
for the prosecution. with Isidor J. Kre-
eel ~ chief examiner. had called on
Secretary Of State Mitchell May and
various oncers OF the Assembly to
prove Governor Sulzer had been duly
nominated. elected. sworn into once
and impeaehed.
The banker testified that he had
known the Governor for many years:
that he had written him a letter con-
graduating him upon his nomination.
and that on October Is. 1912, the Gov
ernor had called on him at his ONCE In
New York.
Governor Sulzer can't into my Of
0ce." said Mr.. Schiff. and he dis
cussed the general political situation.
He said he was gratified that he was
going to have my support asked
him whether there was anything spe-
cial could do for him. and he said:
Are you going to contribute to my
campaign fund?
Il said. Yes. l shall be willing to
do So He said. How much will you
contributor
II said. $500
He replied. Can you make IL any
more?
II then said to him. No. that is
about as much as can give you
Then he said. All right: please
make your check to the order Of Louis
A Sarecky."
Sarecky was the governors cam
paign secretary.
The check. dated October IS. drawn
to Sarecky's order. and signed by the
name of the bankers firm. Kuhn. Loeb
Il Co. was identified by the witness.
Imposed No Limitations.
Nov. did you, in this conversation.
or at any time" asked Louis Marshall.
of the governors attorneys, impose
any Limitation or condition upon the
use which was to be made OF that
money by him."
There was nothing said" replied
Mr.. Schiff.
Did you intend that 1t should be
used for any specific purpose?" per-
sisted Mr.. Marshall
Mr.. Kresel jumped to his feet with
an objection.
Your honor will recollect," inter-
posed the governors attorney. that
one OF the counts is that this money
was received as q bailee and wrongful
1y Incorporated"
You are right" said Judge Cullen.
the article says guilty OF larceny"
II was here that the president Of the
court rendered his decision that where
money was given with consent that It
could be used IN any manner; such use
would not constitute larceny.
Mr.. Schiff then repeated that there
was nothing said concerning the use
which the governor was to make Of
the check Counsel for the prosecu-
zion brought out that across the back
or the check were the words. MIR
Schin's contribution toward William
suffers campaign expenses" and that
he had written the words thereon at
the time he turned II over to the
frawley Investigating committee.
Marked IL for Identification.
That Is the check Of nv firm. mt
my individual check" explained Mr.
Scnin. and when I gave II out OF nv
Iunds. i put this notation on n go
as 10 identify the check. When 7 used
the expression Campaign expenses" a.
was very general expressic-. Ger.
tainiy had no objection whatever and
i think IL was the general intent ard
purpose OF the conversation with Gov.
ernor Suizer that he could use the % .
QUO Tor whatever he pleased T, =
search my mind. I would saw IN yo,,
mat Governor Sulzer could havo bad
mis- $500 at any time and for an,
purpose. and II / had been very cara-
Ni j would not have probably used
tne words campaign expenses ba.
cause i really meant that he sbonId
nave the free use OF It."
Inc governors six lawyers wore
smiling brilliantly when Mr. Scbin
stepped down from the witness stand
Ionight counsel for the managers an.
nounced that they would recall tbo
banker tomorrow.
MI. Morgenthsu came next Ito
eald Governor Sulzer visited him a,
democratic national headquarters n,
octoper .. 1912 to thank him for bfs
assistance In bringing about suffers
nomination. He added.
NO Strings Attached
we talked about the general si,,,,
ton and whi'e talking sither mado
out a check myself or had my cIork
make out a check for 1000 ana :
signed and handed II 10 the Rov.rno-
He said TO mo: 7 didn't eTpeot tba,
from you. don't want n bocsns.
you are doing so much for the m
uonal committee 7 said. hovever I
DID want 70 help him. and no took
the check" WI"
Was there anything said in tina,
conversation" asked Louis Narsbar
taxing up the ross-examination as
10 the use he was 10 put tho 81 OOO %
There was nothing said" repI,ed
the Ambassador with a smile
Did you in any way intend IN tirn,,
him as 10 the use that he was 10 make
OF the 81 .OOO7"
Il did not"
Attorney KreseI interposed 10 ask.
Didn't you give II In order 90
help him along 10 become governor.
AT that time felt positive he
would be governor replied tho y,i,.
ness. IT was simply 10 help him