Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-09-25
NO larceny WAS Shown
PltI SIDING JUDGE SAYS THE ENI-
DENCE FAILS TO SHOW \
CRIME.
OBSTACLES SWEPT away
Court Declined TO Dismiss Charges
c4 and Taking Evidence Was
started Yesterday

ALBANY. y. Y, Sept. "a Cover
nor 5ulzcr was free " use the 81 1900
check given him by jacob Schlf, u
New York banker in any way he
chose his counsel declared one Of
his attorneys declared today upon the
with ss stand during the trial of the
governor that II similarly placed no
would take the same construction
Two campaign articles mentioned
in the Impeachment proceedings were
brought out today.
1T cannot make any difference In
this case, but II / were sitting IN Il
criminal prosecution" said Judge
Edgar q. Cullen, 81 should tell the
petit jury that If the governor con-
scented to the use in any manner of
the money or check given by the
party 90 whom it 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
impcachcd executive which up until
nuon today had been delayed by ar
guments of counsel for the defense.
Al rhat hour all obstacles to the taxi
ing Of testimony had been swept aside
BY vote Of the court thereby permit
ting Eugene Lamb Richards, Of cOun-
Sci for the managers OF the impeach-
msnt. 10 outline the evidence against
the governor. This opened the case.
Tho last OF these articles, the mo-
tons of the defense to quash the
three articles Of the Impeachment
dealing with the governors alleged
misuse of his campaign contributions
was disposed of today in this manner
Presiding Judge Cullen overruled
the motion without prejudice to its
merits and recommended that decl-
sion be reversed until the testimony
was all In. This recommendation
termed pro fOrma Opiniun-was
adopted by the court by vote of 40
10 l. The negative votes were all
cast by democratic senator's
Told of Contribution
Schin took the stand after counsel
for the prosecution with lsadore j.
kressel, 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 on October 16.
1912, Mr. Sulzer had called upon him
at his office in New York and asked
for contribution to his campaign
fund.
He said how much will you con-
tribute " Schiff testified.
Il said. $500. He replied, can
you make II any more"
Il then said to him no that Is
about as much as | care to give YOU
Then he said, all right, please
make your check to the order Of
Louis A. Sarecky'"
Sprecky was the governors CAM
paign secretary.
Tho check was dated October 16.
drawn to Sarecky's order and signed
by the name OF the bankers firm,
kuhn-Loeb and company-was iden.
TILED by the witness.
No Limit to Use.
Now did you in this conversation
or at any time, asked Louis Marshatl
OF the governors attorneys, place
any possible Limitation upon the use
To which was TO be made with that
money TO him2"
There was nothing said" replied
MIR Schin.
Did you intend that it should be
used for any specific purpose?" per-
sisted Mr.. Marshall.
Mr.. kressel jumped to his feet
with an objection.
Your honor Will recollect" inter-
posed tho governors attorney. that
ono Of the counts is that the money
was received as "a bailee and wrong
fully misappropriated."
You are right" said Judge Cul-
len, tho articles say guilty of lar
Ceny"
Was Not Larceny.
1t WAS here tnat the president Of
tho court rendered his decision that
where money was given with consent
that II could be used in any manner,
such use would not constitute larceny
Mr.. Schff then repeated that there
was nothing said concerning the use
which the governor was % make Of
tho check Counsel for the prosecu-
tion brought out that across the back
Of h. check were the words MIR.
Schif's contribution toward William
Sulz.t's campaign expenses and that
he had written tho words thereon at
tho time that he turned it over 90 tho
secretary
"This is the check Of my hrm not
my individual check explained Mr..
Schin. "and when | gave II out of my
- ms put this notation on II so as
TO Identify the check When I used
the expression campaign expenses 1t
was q general expression. I had no
objection whatever. and | think with
the general intent and purpose of tho
con, ersltiUn with Governor Sulzer
that he could use this $500 for
" hutever ne please. IL | search my
lContinucd ON Page iO.)