The Bridgeport evening farmer., 1913-09-26

der oath that he had made a s. nor's campaign fund.
 Albany, Sept Ex-Governor SuIzer asked Henry L. Morgenthau. ambassa- dor to Turkey, to ''be easy with him. in case he was called to the witness stand at the governors impeachment trial. MT. Morgenthau, who con tributed $1,00o to the governors cam paign fund, so testified when recalled as a witness, today. He added htat the governor had asked him to treat the relations between them as per sona1 affair."
 ''I told him. said MT. Morgenthau, that I would tell the facts This conversation. the witness said, was held over the long distance telephone on September 2.
 MT. Morgenthau's recall followed tes- tin1ony in support of the charges that the governor had used certain of his campaign contributions to speculate in Wall street.
 The evidence adduced purported to show that seven contributions not re- ported in the governors campaign re- port has been used for the purchase of $12, GOO worth of Big Four stock through the firm of Boyer, Griswold & Co, to- gether with a $9O0 personal check of the governor and $7,125 in currency. This stock was purchased according to the testimony of Philip Boyer, the nSaQ wen the governors alleged dummy, who has been missing for several weeks. Demand for his production was today made upon the governors s lawyers, who replied that they ex- pected to hear from MT. Colwen by tonight
 By a vote of 49 to 2, the court, to- day, sustained a ruling of Presiding Judge Cullen that all evidence tend ing to show the intention with which | E-.al- pasEn fund made their gifts was ad- missib1e.
 Louis A. sarecky, formerly the gov- ern6fS Campaign secretary, was at the capitol, today, ready to testify. It was expected he would be called later in the day.
 Albany, Sept. 26-Two witnesses long sought by the board of managers in the impeachment trial of &ov. Sulzer- Louis A.. Sarecky and Frederick l.. Co1wel1-expected to testify, today, be- fore the high court.
 Sarecky, who formerly was the gov ernor's campaign secretary, was serv- ed with 8 subpoena, yesterday, and he promised that he would be on hand, this morning. In his capacity as sec retary he handled much of the money contributed for the governors cam paign and the prosecution planned to examine him regarding his deposits
 
 ColwelFs home is in Yonkers. He has not been seen since the charges against the governor were made pub lie. It was possible that some of the brokers through whom the governor is said to have made investments, may also be called. Those who have fol- lowed the case closely thought they gained from questions asked wit ness, yesterday, by Louis Marshall, for the defense, a line on how the respondents attorney plans to explain the contributions.
 The action of the board of manag- CTS in deciding last night, not to bring additional impeachment charges nt this time was generally regarded as final.
 Attorney KreseI introduced in evidence letters written last fall by Sulzer to William J. Elias and William Hoff- man both of whom were identified with brewing interests and both of whom contributed to the fund turned over to SuIzer by Former Senator Stad- Ter.
 The governor thanked Hoffman flor all you have done in my behalf The letter to Elias expressed appreciation for ''your letter and .enclosure.'
 Judge Lewis J. ConIan, of New York city, told of meeting Sulzer in the Manhattan Club about election time and handing him a $1OO check from Daniel M. Brady.
 t'It was a contribution" the witness said, ito help him along in his cam paign."
 Judge D-Cady Herrick questioned him as to a conversation he had with Mark M. Potter, who, the witness testified, had given him a check for Sulzer.
 Did you have any conversation concerning MT. Sulzer's financial con dition?" Objection was raised to this question-that it was not competent by MT. Stanchfeld and it was over ruled by Presiding Judge Cullen.
 'In my opinion,'' said Judge Cullen, the respondent has a right to in troduce evidence concerning the in tent of the donors. Here we are con sidering a charge of larceny and while testimony alleging the line of intent may not affect the moral culpability of the respondent, it certainly does affect his legal status. If the respond ent used the money as it was intended it should be used by the donor, he was not guilty of larceny and could not be convicted by a petit jury Even the undisclosed intention of the donor negatives the idea of larceny and would prevent his conviction however great might be his moral culpability.'
 The members of the court voted, | 49 to 2, to sustaining the ruling of Judge Cullen.
 Some of the members of the court. l including Judges Tiiscock and War ner in recording their votes in favor of the ruling, took exceptions. Refer ence was made to the efforts on the part of the prosecution to bring out the mental attitude of Jacob H. Scaih