The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1913-10-10


on the shoulders of SarecKy was to
| persuade the court that Sulzer nom
estly signed this statement; that he had
nothing to do with its preparation
/ continuing.
Now he testifies that he carae in
with this statement, showed it to the
governor and that governor looked 1T
over and then the governor said; Is
1t all right Well he said. 1T is just
as near right as l can make 1t with
the data | have and then the gov
ernor said, all right and signed 1T,
well your honors, when William Sui
ger glanced over these figures and these
contributors he must have been very
proud indeed of the talent of mis- pupil,
for he took Sarecky from the high school
and all the education that he had III
practical affairs he had acquired in Will
liam Suffers office and necessarily un-
der his direction. We can we'll UNDER
stand that he must indeed have chuckled
at the wisdom of Sarecky when he glanced
over this list, for he did not find in that
list the checks Of bankers like jacob
II. Schiff, nor the checks of his brewery
friends Not single check could be dis
covered there of politician. Even Nor
genthau with his $1,000 did not appear. Not
a single dollar was there representing
any of the great interests in New York
Indeed, there was no check there larger
than $500, just one of $500.
"As he glanced over the list / say he
must have thought, inasmuch as, accord
ing to Sarecky he had not been consulted
before about it, what a clever boy he Is
to keep out all these things; how glad
| am that he did not insist on putting In
Ryan's account or Schiifs or General
l,Meany's or Morgenthaus.
WELL now of what use, your honors,
is that testimony? Why was 1t presented
to you? Suppose it was true, so far as
the boy was concerned, that that was as
good as he could do?
"You having heard him do not believe
1t was true, | am sure; but suppose 1t
was. The man who read that list and eS-
amined 1t knew it was not true. 1t does
not help him for the boy did the best he
could His master, William Sulzer, knew
II was a lie.-
do you suppose that when he looked
oversthat list he didn't have in mind that
along about the middle of October he had
called up Allan Ryan and had said to him
over the telephone. tell your father / am
the same old Bill?'
The attorney touched only briefly on
article 2, which charged perjury. The
contention of the defense was that the
law did no. require an affidavit attached
to campaign statement, but Judge Par
ker said that every candidate was COM
PEELED to make campaign statement and
swear to the truthfulness of il and wheth-
er an affidavit was attached or not, as
long as the oath was taken in regard to
an inaccurate statement. perjury was
committed.
In discussing article 6, the Larceny
charge, Judge Parker reviewed the his
tory of all the concealed contributions
and sought to show that their donors con-
tributed in the belief that they were aid
ing Suffer- the candidate.
Fraud was committed in obtaining
money under false pretenses, argued the
judge, and that constituted larceny.
Those who gave him or his represent
tatives money at the time when he had
been nominated for this office, and when
the campaign for his election was in
progress" said Judge Parker, could only
believe the money was needed and would
be expended to further his election He
knew this and unless he informed the
contributors that their contributions
would be in fact employed to discharge
his personal obligations or to help him
along the road to financial independence,
he knew that the contributions were
made with the expectation that they
would be used to further his election to
the office of governor. If he did not in
form the contributors of the use which
he intended to make and which he did
make of the money contributed, then he
falsely and fraudulently pretended and
represented to them that the funds were
intended and would be used for campaign
purposes.
SILENCE in these circumstances was
false pretense and fraudulent represent
tation, because that silence produced, as
he could not but know it would and as
he could not but have intended it should,
false impression on the minds of the
contributors.
1.-THE respondent knew that his nomi-
nation for governor would convey the
idea that money contributions to him or
to his representatives We're to be for cam
paign purposes and he let 1t convey that
idea.
For certainly no man ever gives money
to candidate for office unless his pur-
pose is to aid him in his campaign hon
estly and generously, or else because he
desires to secure a lien upon him.
Il have listened from the beginning of