Norwich bulletin., 1913-09-25
SuIzer Scores
 On One Point
EVIDENCE DOESN'T SUSTAIN
 LARCENY CHARGE
RULING OF THE COURT
Schiff and Morganthau Testify That There Were No Restrictions Placed On Money Contributed by Them.

Sulzer was free to use the $2,5O0 check given him by Jacob H. Schiff, New Y Ork banker. iT any way he chose.
 The banker so declared today on the witness stand at the impeachment trial of the governor. The designation of the check across it's back as a con- tribution to the governors campaign fund did not restrict it's use to that purpose MT. Schif said. Moraenthau Gave $1,o00. Henry Morgenthau, ambassador to Turkey, formerly chairman of the l finance committee of the national democratic committee, testified that when he gave the governor a check for $1, ,000-a personal contribution--he had placed no limitations on it's use. He said, however, that he had made the gift to help the governor in his cam- paign and had been "foolishly gener- ouR.'
 These are two of the alleged cam paign contributions which the articles of impeachment against the governor charge that he stole.
 Such Use Not Larceny.
 Tt possibly cannot make any differ ence in this case but if I was sitting in criminal prosecution" said Judge Edgar M. Cullen, president of the court, T should have to charge the petit jury that if the owner consented to the use in any manner of the money or check given by the party to whom it was deliver cd, such use would not constitute larccny.'
 This testimony and the ruling of the presiding judge thereon marked the opening of the actual trial of the i'm peached executive, which up until noon today, had been delayed by arguments of objections of counsel for the de- fense. At that hour all the obstacles to the taking of testimony had been swept aside by vote of the court, thereby permitting Eugene Lamb Richards. of counsel for the managers of the impeachment, to launch upon his address outlining the evidence against the governor.
 Schiff's Testimony.
 Sehiff took the stand atter counsel for the prosecution, with Isidor J. KFeSel as chic feXaniner, had called on Secretary of State Mitchell May and various officers of the assembly and senate to prove that Governor SulZer had been duly nominated elect ed, sworn into office and impeached.
 The banker testified that he had known the governor for many years; that he had written him a letter con- gratuIa ting him upon his nomination, and that on Oct 16. 1912. the governor had called on him at his office in New York.
 suizer Solicited Contribution.
 Governor SuIzer came into my of flee" said MT. Schiff, and he discuss ed the general political situation. He said that he was gratified that he was going to have my support. asked him whether there was anything spe cial I could do for him. and he said:
 Are you going to contribute to my campaign fund f-
 T said: Yes, I shall be willing to do so-
 He said: How much will you con-
 T said. 's2.5oo
 He replieI; Can you make it any more?'
 T then said to him: No, that is about as much as l care to give you
 The check, dated Oct. Is. was shown to the witness and he identified it.
 Did Not Restrict Use of Money.
 Now. did you. in this conversation, or at any time" asked Louis Marshall any limitation or condition upon the use which was to be made of that money by him?"
 There was nothing said' replied MT. Schiff after Attorney Kresel had entered vigorous objection to his answering the question
 Your Honor will recollect," inter posed the governors attorney that one of the counts in one of the articles is that this money was received as a baiIee and wrongfully misappropriat- ed"
 You are right" said Judge Cullen, the article says guilty of larceny"
 It was here shat 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.
 Meant Him to Have Free Use of It.
 Counsel for the prosecution brought out that a, cross on the back of the check weer the words MT. Schiff's contribution toward William Sulzer's campaign expenses" and that he had written the words thereon at the time when he turned if over to the Frawley investigating committee. This is the check of my firm. not my individual check explained Mir. Schiff and when I gave it out of my hands l put this notation OF it so as to identify the check Wloan I used the expression campaign exLensea' it Wasa very gen eraI expression l certainly had no objection whatsoever, and l think if was the, general intent and purpose of the converse ton with Governor SulZer that he could use this 2,500 for what ever he pleased. If 1 search my mind, I would say to you that Governor Sul- ger could have had this $2,500 at any time, and for any purpose and if l had been very careful 1 would net have probably used the words cam paign expenses because I really meant that he should have the free use of it.'
 Mereenthau's Testimony
 The governors six lawyers were smiling jubiIantly when MT. Schiff left the witness stand.
 Tonight counsel for the managers announced that they would recall the banker tomorrow
 MT. Morgenthau came next. He said that Governor Sulzer came to his of flee at democratic national headquar- ters in New York on Oct. 5. 1912. He said:
 We talked about the general situa- tion and while talking ] either made out a cheek myself or had my clerk make out check for g 900 and l signed and handed 1t to the governor He said to ne: I didn't expect that from you. ] don't want ii, because you are doing so much for the national committee
 'T said, however, l a1a want to help him, and he took the check"
 "Was there anything said in that nxersation asked Louis Marshall taking up the cross examination, "as to the use he was to put the $10o9?'
 RI, T