South Bend news-times. (South Bend, Ind.) 1913-1938, 1913-09-25
No Restrictions to Two Gifts,
According to the Testimony
of Two Witnesses at I'M
peaChment Court Session.
MOTION TO QUASH IS
TO BE DECIDED LATER
Judge Cullen Recommends That
Testimony be Heard First
and is Upheld by a Vote of
FOrty-nine to Seven.

ALBANY. y. Y, Sept. 25.-Gov.
check given him by Jacob III. SChiff, a
New York banker. III any way ne
chose. The banker SO declared We'd
nescay on the witness stand al the i'm
peachment trial of the governor. The
designation of the check across its
back as a contribution TO the COVER
nors campaign fund, did not restrict
its use to that purpose. Mr.. Schiff
said
Henry Morgenthau. am bassador to
Turkey. formerly chairman Of the fl
nance committee on the national dem
Ocratic committee, testified that when
ne gave the governor check for l.
O0O-a personal ntribution-he had
placed no limitations on its use. He
said. however. that ne had made the
gift TO help the governor in his cam
paign and had been 'fOOlishly gen.
erous.'
These are two of the alleged cam
paign contributions which the articles
of Impeachment against the governor
charge that he misused.
Il Not Larceny.
1T possibly cannot make any diff
ference in this case. but If / were
sitting in a criminal prosecution" said
Judge Edgar NJ Cullen, president of
the court. "I should have To charge
the petit jury that if the owner con-
sented 10 the use in any manner Of the
money or check given, by the party
TO whom ii was delivered. such use
would not constitute larceny"
This testimony and the ruling of the
presiding judge thereon marked the
opening of the actual trial of the inn
peaChed executive. which up until
noon Wednesday had been delayed by
arguments of objections of counsel
for the defense. AT that hour all OBJ
stacles 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 outline the
evidence against the governor. This
opened the case.
The last Of these obstacles-the mo-
tiOn OF the defense To quash the three
articles Of Impeachment dealing with
the governors alleged misuse Of his
campaign cOntributions-wa disposed
of Wednesday in this manner. Pre-
siding Judge Cullen OVerruled the mo-
tiOn without prejudice 10 its merits
and recommended the decision be
reserved until the testimony was all
IN This recommendation a
pro fOrma opinion-waS adopted by
the court by a vote of 10 to I. The
negative votes were all cast by demo-
cratic senators.
Schiff Is First Witness.
Schiff took the stand after counsel
for the prosecution, with IsldOr j.
Kressel as chief examiner. had called
on SeCy. Of State Mitchell May, and
various officers of the assembly and
senate TO prove that Gov. Sulzer had
Ebeen duly nominated, elected, sworn
into office and impeached.
The banker testified that he had
known the governor for many years:
that ne had written him a letter con-
graduating him upon his nomination,
and that on Oct 16. 1912. the gov
ernOr had called on him at his office
in New York
GOV. Sulzer came into my Office. -
said Mr. Schiff. and he discussed the
general political situation. He said
he was gratified that he was going ca
have my support. asked him
whether there was anything special
could do for him. and he said.
Are You going TO contribute to
my campaign fund -
"I said. yes. 1 shall be willing TO do
so
''He said. how much will YOU con
7 said. T said s2.5oO.'
Gle replied, can YOU make il any
more2'
about as much as ] care 20 give you.
"Theu he said. all right. please
make your check 20 the order Of Louis
A Sarecky
Sarecky was the governors cam
paign secretary.
Check Dated oct. rs.
The check, dated oct. 16. drawn tc
SarecNy's order and signed by the
name OF the bankers firm-kuhn
Loeb & CO.-was identified by the Wit
ness.
Now. did you. in this conversa-
tion. or at any time. asked Louis
Marshall of the governors attorneys
impose any limitation or condition
upon the use which was 20 he made
or that money ny him ."
There was nothing said, replied
Mr Schiff.
"Did YOU intend that IL should Toe
used for any specific purpose 90 per-
sised Dir. Marshall.
Mr.. Kresel jumped TO his feet with
an objection.
"YOur honor win recollect" inter
posed the governors attorney. that
one or the counts is that this money
was received as a bailee and wrong
fully misappropriated."
y ou are right said Judge Cullen
the article says guilty OF larency."
The governors six lawyers were
smiling jubilantly when Mr. Schifi
stepped down from the witness stand
Tonight counsel for the managers an
nounced that they would recall the
banker tomorrow
Mr. Norgenthau came next Ht
said Gov Sulzer visited him at demo
cratlc national Headquarters on oct
s. 1912. 10 thank him for his assist.