The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-09-25
EVERYTHING GOES.
CONTINUED from rage vne.2


gift to Sulzer as campaign expenses.
1.-The intent of the witness cannot
affect the intent of the receiver of the
fund.- argued Mr.. Bracket. Louis
Marshall of the Sulzer counsel, argue9
against the motion, This case snouIo
be consider ed he said, precisely the
same as If we were trying an lndlct-
ment-as if the defendant had COM
mitted the crime of larceny You can
not be made the victim of a crime OF
larceny when the giver pIaces no re-
Presiding Judge Cullen refused to
strike out the answer.
IF it was a common law larceny,
said the judge, Il should De certain
that my ruling was correct, aIthousIi
there must be a trespass in common
law. I feel that the same ruling should
apply here. I may change my mind but
for the time being I must reiterate my
previous ruling"
Judge Cullen added that Mr.. Schiffs
intention at the time and not his 1nten-
ton at the present time was the ques-
ton that should be considered That's
all we want" commented MarsnaI.
Goodwin Is Recalled.
Thomas NJ. Goodwin, the paying teller
of the Farmers Loan and Trust COM
pany, was then recalled.
He was first questioned by Attorney
John B. Stanchfield concerning the IN
structions he had received from the at
torney for the trust company not to
testify to signatures that had not
passed through the institution of which
he is employed.
Mr.. Stanchfield handed the witness
check of the Frank q. Straus company
for 81 ,000 The check was endorsed
"William Sulzer.,' At first the witness
was inclined not to identify the sigma
ture but finally he answered:
80 afr,f0 ~
signature of William Sulzer." Goodwin
then yielded and identified the sigma
lures on the two checks he had de-
clined to identify yesterday-those of
Abram Elkus for $500 and the Lyman
H. Spaulding's check for $780, The
witness then testified to cash deposits
totalling $14 400 made in his institution
by William Sulzer between Sept. IL.
1912, and his inauguration.
Had known Him 20 Years.
Mr.. Stanchf1eld called Abram Elkus
to the witness stand after Goodwin was
excused. Mr.. Elkus said he had known
William Sulzer for about 20 years. He
identified a copy of a letter he had
written Mr.. Sulzer on Oct. 4. In the
letter Mr.. Elkus after congratulating
the governor-elect on his nomination,
said:
IT know congratulations are very
pleasant and very nice, but a campaign
to be successfully conducted requires
more than words and so I
am enclosing my check for $500 to aid
in the expenses of your campaign
Mr.. Stanchfield. then produced the
governors letter in reply. 1t was very
brief. 1t thanked Mr.. Elkus MANY,
many times and said:
"I appreciate every word you say and
all you have done II suppose" quer- |
led Stanchfield, lit did not escape your |
notice that in the reply there was no
of the receipt of the !
check?'
Mr.. Marshall was on his feet in an |
instant. with an objection Objection |
ruled the presiding judge |
Cross examined by Mr.. Marshall, the |
witness was asked his intent in max
ng the gift. Mr. Stanchfield objected. |
Get Into a Wrangle.
This precipitated a wrangle in which |
Judges and senators Joined.
Il have grave doubts said Judge
"as to the admission of that |
evidence, but 1 have no objection to
admitting it If We reserve the right to
decide the question at the end of the |
rial"
Senator Brown objected that zone |
leads to another and sug-
yested the vote be taken at once. Mr..
Marshall then withdrew his question.
MI 0taHCilIlefO ODJ6cIeu TO WltnQraWal
md made a plea for immediate deci- !
sion. The wrangle finally was closed
~ the presiding judge, who said he
would look further into the law before
'endering a final decision. Mr.. Elkus
vas then excused without having an
'wered the question.
Webb Floyd. president of the Mutual
Alliance Trust company, who took the
stand after Mr.. Elkus, was questioned
concerning the account of Louis A.
5arecky, Governor Suffers campaign
manager. The account. the witness
aid, was opened in August, 1872 with
deposit of S435. Between Oct. 1 and
Dec. 81 the total deposits amounted to
14,066. The balance on Dec. 81 was
4S9.
One of the deposits was the Schiff
heck of $500. Attorney Stanchfield
announced that counsel for the man
gers had tried unsuccessfully to To-
ate Sarecky. He thought the govern
RS counsel knew where he was, and he
sked that Judge Herrick inform him
s to the whereabouts of Sarecky and
f Frederick L. Colwell
MY information is that the mana
'ers made no effort to find Mr.. Sar-
cky," replied Herrick.
He has been in this city and has
dvertised his whereabouts. We ex-
'ect to have him here as a witness I
on't know of Mr.. Colwelrs where
bouts but We expect him also as a
Witness
will you endeavor to have them here
" tomorrow or Monday?'' asked
"On that 1 will confer with my asso-
iates," replied Mr.. Herrick.