The evening world., 1913-09-26

he said that owing 10 the fact that II
was after banking hours and he waa
leaving that night or the next mornina
he would like to have u made out that
way"
Wiliian, n. Houghton. paving teller Of
the Colonial Branch Of the Equitable
Trust Company NJ No. IN broadway.
testified that on oct 81 Frederick l.
ColwclI presented the Croker check and
asked for the currency. which was
given 10 him. Coiweli and Houghton
are neighbors and members Of the sane
sunday school class.
EFFORTS MADE TO SHOW GIFTS
WE'RE PERSONAL.
At tho opening Of the trial to-day. Mr..
Krescl. for the Managers. offered in
evidence more Of the non-commlttai
Sulzer letters Of thanks TO Brewer
Hawley OF Albany. Brewer Hoffman and
Brewer Elias Of New York. who con-
tributed through the ''bagman' funds
collected 10y MIR. stadler.
Just line to thank you for all You
have done IN my behalf and TO let you
know how much I appreciate your
efforts" they read. No mention Of con-
frihutions was made In them.
Lewis j. Conlan. former City Court
Judge. continued tho testimony that
was left incomplete Mt yesterdays ad-
journment Judge conlan said he called
on Mr.. Snlzer TO hand him collected
chrcka On the last occasion--just be-
fore election--he handed IN Daniel ].
Brady's check for 500. saying II was
TO help along In your campaign"
o. Did you receive ackno wiedgment
from Mr.. Sulzer? A. No. but from his
secretary. Louis X. Sarecky.
Q. In the usual rubber stamp
stylsf a. No. II wac diffsrsnt.
hsvs not Kept the letter. but Il
Acknowledged In general tsrns
my eontFtbution.
Q. Thsn you did receive an 20.
fnowisdgs,nsnt Of the receipt Of
money! 4. Yes.
The John Dclahanty check. listed At
$40. Judge Conisn said was an error. 1t
should have been SlOo
Taking mp the Theodore w. Myers
check for $1,000. Mr.. Stanchdeld for the
prosecution read tho Endorsement IN
the back. which was Boyer 9riswold
q Co.," showing that II had been turned
over to tho Wall street brokers'
Mr.. Herrick then began cross-exam.
nation OF Judge conlan for the defense.
POINT RAISED As SUFFERS r.
NANcIAL AFFAIRS.
Judge" he said. you had a CONVEX.
sation with Mr.. Potter about Gov. Sui
Apa nj
when he gave you his contribution
II did" said Conlin. Il expressed an
opinion about his financial status"
what was TT" asked Mr. Hcrrick.
II object" exclaimed Mr.. Stanchheid,
and tho lawyers argued over its admis.
sion.
Chiof Judge Cullen ruleA IN favor
Of the dsfsn0s. Here was brought
cut at last the stirling feature Of
the oulssr dsfsnss-that his friends
were helping him privately With
personal contributions TO his prt.
vste purse and not contributing to
campaign fuAA.
In my opinion" said Judge Cullen,
the respondent has the right to intro
duce evidence concerning the intent Of
a charge of larceny and while testimony
alleging the line OF intent may not rf-
feet the moral culpability OF the re-
spondent. II certainly does affect hin
legal status H. the respondent used
the money M 1t was intended II should
be used by the donors, he was not
guilty OF larceny and could not lie con.
victed by n petit jury. Even tie und.,-
closed Intention OF the donor negatives
the idea OF larceny and would prevent
his conviction. however great might be
his .Iorai culpaHiity."
Judge Werner moved a vote on the
question.
! Shall the decision OF the Presiding
Judge he sustained and conversation
between Conlin and Potter not in the
presence OF Sulzer be admlttedr
TWO rAMMANV MEN VOTE
AGAINST CULLEN.
When the vote was called there was a
tendency at first ON the part OF Tam
many Senators to dissent. Blauvelt and
Brown led on with noes. but as the
Judges Of Appeals began voting To sus-
tain the ruling the whole court swung
around. Blauveit changed To aye. but
many OF the members made explana-
tons that they were willing to admit
actual conversation AZ IL the conlin
case. but not unexpressed intent rs In
the Schiff case. The Judge was sus-
talned. ~ to 2
Il had a conversation with Mr.. Potter
in the Manhattan Club" Judge Conlin
then testified 81 told him I believed