The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1913-09-25
FIRST TESTIMONY is.
FAVORABLE TO
SULzER
JACOB sCHIFF TESTIFIED HE DID
NOT INTEND GIFT AS "cAM-
PAIGN EXPENSES"
COULD use MONEY AS PLEASED
Prosecution Makes Unsuccessful At
Stricken From Record-No Larceny
Where Limitations Not Specified.
(By Associated PreSs.)

Albany, N. L, sept. Z0.-lne 0ulLer
trial opened with an unsuccessful at J
tempt of the prosecution to have
stricken from the record Jacob Schiff's
testimony yesterday that he did not
intend the gift to Sulzer as campaign
expenses" Then the bank attaches
were put on the stand to identify sig
natures of Suffers own checks he de-
posted several months prior to his
inauguration.
The court later voted unanimously
in favor of admitting all testimony in
reference to alleged campaign contri-
buttons received by Sulzer, whether
specified in the impeachment articles
OF not.
Governor Sulzer was free to use the
$1,000 check given him by Jacob H.
Schiff, New York banker, in any way
he chose. The banker so declared
Wednesday on the witness stand at
the impeachment trial of the Governor
The designation of the check across
its back as a campaign contribution
to the Governors campaign for the
governorship did not restrict its use
to that purpose, Mr.. Schiff said. Hen
~ Morganthau, ambassador to Turkey,
formerly chairman of the finance CON-
mittee of the National Democratic
~ hot ttbn crQV
the Governor the check for $1,000
personal contribution, he had placed
no limitation on it's use. He said
however, that he made the gift to help
the Governor in his campaign and had
been "foolishly generous"
They are two of the alleged cam
paign contributions which the articles
of Impeachment against the Governor
charge that he misused.
1T possibly cannot make any differ
ence in this case, but if | were sitting
in 4 criminal prosecution said Judge
Cullen, 81 should have to charge the
petit jury that if the owner consented
to the use in any manner of the none!
and check given by the party to whom
it was delivered, such use would no
constitute larceny"
Mr.. Schiff took the stand for tn
prosecution with Isador s. Kredel a
chief examiner.
Gov. SuIzer came into my office,
said Mr.. Schiff, "and he discussed tn
general political situation. He said h
was gratified he was going to have m
support. l asked him whether ther
was anything special | could do TO
him and he said:
"'Are you going to contribute to m
campaign fund.-?
Il said, yes, shall be willing t
do So
HE said, how much will you col
tribute?'
"I said, twenty-five hundred
HE replied. can you make It an
moTe?'
"I then said to him. No, that
about as much as l care to give you
Then he said, All right. pleas
make your check to the order of Lou
A. Sarecky.
"Sarecky was the Governors cal
paign secretary.
Now did you in this conversatic
or at any time" asked Louis Marsha
eS. .see Governors attorney, "impo
any limitation or condition upon Il
use of that money!"
There was nothing said" said N
schiff.
Did you intend that it should
used for any specific purpose?' p'
sisted Mr. Marshall
Mr. Kresel jumped to his feet wi
an objection.
Your honor will recollect," int
posed Mr.. Kresel, that one Of I
counts is that The money was receiy
as a bailee and wrongly misapp'
priated."
You are right" said Judge eEpll'
"the article says guilty of larcepI