Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-09-25
RS reprimanded by Judge Cullen.

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last Friday night. The senate plans
but the assembly leaders will resume
votes to guarantee the passage Of addi-
tional Impeachment charges. Seven
ty-six votes are required.
The new charges drawn up last week
by the board Of managers are that the
governor made prediction promise to
appoint Julius Broders, state commits
sioner Of health; that he failed to ac-
count for his direct primary campaign
fund. and that he usurped the powers
Of the executive office after being i'm
peached.
Move 70 Strike Out sehiH Answer.
At the opening Of today's session
Edgar T. Bracket moved to strike
from the record the answer Of Jacob H.
schiff yesterday in which the witness
said he did not intend his $4,000 gift to
Sulzer as Campaign expenses"
"The intent of the witness can not
affect the intent Of the receiver OF the
fund.-" argued Mr.. Bracket.
Louis Marshall, Of the Sulzer coun-
sci, argued against the motion.
"This case should be considered. he
said, precisely the same as If we were
trying an indictment-as II the defend
ant had committed the crime Of lar
ceny. You can not be made the victim
Of q crime Of larceny when the giver
places no restrictions on the gift he
makes"
Refuses to Strike.
Presiding Judge Cullen refused to
strike out the answer.
III it was a common law larceny"
said the Judge, Il should be certain tnat
my ruling was correct. altho there must
be . trespass in common law. feel
that the same ruling should apply mere.
I may change my mind, but Tor tho
time being I must reiterate my previ"
GUS ruling"
He added that Mr.. schiff's intention
at the time and not his intention az
the present time was the question that
should be considered.
That's all we want" commented
Marshall.
Thomas Goodwin, paying teller OF tho
Farmers Loan and Trust Company.
was then called.
He was questioned by Mr.. Stansfield
concerning Instructions he had re-
ceived from the attorneys OF the trust
company not to testify to signatures
which have not passed thru the lnstl-
tuition in which he is employed.
He was handed a check OF the Frank
v. Strauss Company for $1,000 ihe
check was endorsed william Sulzer.
At first the witness was inclined not 10
identify the signature but finally ne
answered.
IT am Of the opinion that 1t Is the
...IszlnS mBIlIIM 20 eln1euSls
He then yielded and identified the
sienatures on the two checks ne mao
declined to identify yesterday. those OF
Abram Elkus, for $500. and the Lyman
H. Spaulding check for 500.
The wdtness then testined 70 caen oe-
posits total1lng $14,400 made IN Ms IN
stitution by William Sulzer between
Sent. 12, 1912. and his Inauguration.
and was excused 's'ae'
Elkus Again Heard.
Abram Elkus then testified he nao
known William Sulzer for about twen-
.ty years. He identified letter he had
written Mr.. Sulzer on Oct. 4. In the
letter, after congratulatign the gov
crnor on his nomination. he said:
Il know congratulations are very
pleasant and very nice but . campaign
to bo successfully conducted requires
something more than words. ana 20 I
am enclosing my check for $500 to AID
In the expenses Of your campaign.
The governors letter in reply was
produced. 1t was brief. It thanked Mr.
Elkus many, many times" and said:
Il appreciate every word you say ana
all you have DONE"
II suppose" Querried Mr.. Stanneld.
at did not escape your notice In the
reply there was no Acknowledgement
Of the receipts of your check?"
Mr.. Marshall objected.
"Objection sustained" ruled the pre-
siding judge.
Another WransIs Ensuss.
Cross examined by Mr.. Marshall the
witness was queried as to his intent In
making the gift. Mr.. Stanchfield OBJ
jected. This precipitated wrangle in
which judges and senators Joined.
II have great doubts" said Judge
Hiscoclx, "as to the admission Of that
evidence but have no objection to
omit it IL we reserve the right to de-
eide the question at the end Of the
trial."
Senator Brown objected that zone
violation leads to another" and sug-
gested that the vote be taken at once.
MIR. Marshall then withdrew his ques-
ton. Mr.. Stanchfeld objected to the
withdrawal and made plea for a de-
cision.
The wrangle was closed by the pre-
siding Judge. who said he would look
further into the law before rendering
q final opinion. Mr.. Elkus was then
excused.
Senators in the rear and along the
side Of the court room complained re-