The Sentinel=record., 1913-09-25
TESTiFlES HE MADE NO CONDITION AS TO
 USE OF CAMPAIGN FUND.
FREE TO USE 1T ANY WAY
Jacob Ii. Schff Says He Could Make Any Use of if He Desired and Gov ernor Scores One Heavy Point in Hearing.

Albany. N. Y.. Sept. Ex-Governor Sul2er was free to use the $2, 800 check given him by Jacob II. Schiff, a New York banker, in any way he chose. The banker so declared to- day on the witness stand at the i'm peachment trial of the governor. The designation of the check across it's back as a contribution to the governors campaign fund did not re- strict it's use to that purpose, Mir. Schiff said.
 Ferry Morganthau, ambassador to Turkey, formerly chairman of the finance commit -ee on the national democratic committee, testified that when he gave the governor the check for $l 000-a personal contribution he had placed no limitations on it's use. He said, however that he had made the gif. to help the governor in his campaign and had been foolish ly generous"
 These are two of the alleged cam paign contributions which the arti- cles of impeachment against the gov ernor charge that he misused.
 Tt possibly cannot make any diff ference in this case, but if 1 were sitting in a criminal prosecution, said Judge Edgar NJ. Cullen, presi- dent of the court, "I should have to charge the petit jury that if the owner consented to the use in any manner of the money or check given by the party 70 whom it was deliv- cred, such use would not constitute larsen }. eessz
 This testimony and the ruling of the persiding judge thereon marked the opening of the actual trial of the impeached executive which up until noon today had been delayed by ar guments of counsel for the defense. At that hour all obstacles to the talk ing of testimony had been swept aside by vote of the court, thereby Eugene Lamb Richards, of counsel for .he managers of the impeachment, to outline the evidence against the governor This opened the case.
 The last of these obstacles-the iHOllOu ol tllC AO phttph bAN three articles of the impeachment dealing with the governors alleged misuse of his campaign contribu- disposed of today in this 
 Presiding Judge Cullen overruled the motion without prejudice to it's merits and recommended that deci sion be reserved until the testimony was all in. This recommendation termed proforma opinion-was adopted by the court by vote Of AZ to 7 The negative votes were all cast by democratic senators.
 Schiff took the stand after counsel for the prosecution, with Isidor J. Kresel as chief examiner, had called on Secretary of State Mitchell May and various officers of the assembly and senate to prove that Governor Sulzer had been duly nominated, elected. sworn into office and i'm peached
 The banker testified that on Octo- Der l6. 1912. Mir. Sulzer had called on him at his office in New York and asked for a contribution to his cam paign fund.
 He said How much will you Schiff testified.
 q said. '$2,500.' He replied, Can you make it any more.
 q then said to him, No, that IS about as much as l care 70 give you
 Then he said, All right; please make your check to the order or Louis A. Sareeky.'"
 Sarecky was the governors cam paign secretary.
 The check, dated October lo, drawn to Sareck's order and signed by the name of the bankers firm Kuhn, Loeb X Co.-was identified by the witness.
 Now, did you in this conversation or at any time" asked Louis Mar shall, of the governors attorneys impose any limitation or condition upon the use which was to be made of that money by him?'
 There was nothing said,' replied
 Mir. Schiff. Did you intend that it should De used for any specific purposeY' per sisted Mir Marshall
 Mir. Kresel jumped to his feet wlth an objection.
 Your honor will recollect," inter posed the governors attorney "tha' one of the counts is that the money was received as baflee and wrong fully misapplied."
 You are right" said Judge Cullen the article says guilty of larceny, It was here tha. the president oi the court rendered his decision that where money was given with consen; that it could be used in any manner