The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1913-09-26

OF Wall street brokerage firms.
BANK CLERK REPRIMANDED,
Thomas M. Goodwin, paying teller
Of the Farmers Loan and Trust Com
pany of New York, was on the stand
when court adjourned last night. He
refused to answer yesterday certain
questions ION the advice of COUNSEL
and was reprimanded by Presiding
Judge Cullen.
The new charges, drawn up last
week by the board of managers are
that the governor made a prediction
promise to appoint Julius Rroder, state
commissioner Of health, that he failed
TO account for his direct primary cam
paign fund and that he usurped the
powers OF the executive office after be.
ing impeached.
At the opening Of todays session,
Edgar T. Bracket moved to strike
from the record the answer of Jacob
H. Schir yesterday in which the wit
ness said he did not intend his 81, 500
penses."
1.-The intent of the witness cannot
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 try
ing an Indictments if the defendant
had committed the crime Of larceny.
You cannot be made the victim of a
crime Of larceny when the eiver places
no restrictions upon the gift he
makes"
Presiding Judge Cullen refused to
strike out the answer.
IF it was a common law larceny"
said the judge, IT shall be certain that
my ruling was correct, although there
must be a trespass in common law. I
feel that the same ruling should apply
here. / may change my mind, but for
the time being 1 must reiterate my
previous ruling"
Judge Cullen added that Mr. Shiffs
intention at the time and not his in
tention at the present time was the
question that should be considered.
That's all we want commented
Mr.. Marshall.
PAYING TELLER RECALLED.
Thomas M. Goodwin, paying teller of
the Farmers Loan and Trust Company.
was then recalled.
He was first questioned by Attorney
John B. Stanchfield, concerning the
instructions he had received from the
attorney for the trust company not
to testify to signatures that had not
passed through the institution in
which he is employed.
Mr.. Stanchfield handed the witness
check Of the Frank V. Strauss Com
pany for $1,000. The check was en-
dorsed William Sulzer"
At first the witness was inclined not
to identify the signature but finally
he answered:
ST am of the opinion that it is the
signature Of William S,uzer"
Goodwin then identified the sigma
lures on the two checks he had de-
clined to identify yesterday-those of
Abraham Elkus for SIS and the Lyman
H. Spaulding check for 500.
The witness testified to cash deposits
totaling s14,4o0 made in his institution
by William Sulzer between September
IL, 1912, and his inauguration.
Mr.. Stanchfield called Abraham
Elkus to the stand after Goodwin was
excused.
Mr. Elkus said he had known Will
liam Sulzer about twenty years. He
identified a copy of a letter he had
Mr.. E.lzus after congratulating the
upon his nomination
said.
ct know congratulations are very
pleasant and very nice, but a cam
naign TO be successfully conducted re-
ouires something more than words and
ao am enclosing you my check for
s5no to aid in the expenses OF your
campaign"
Mr.. Stanchfie1d then produced the
governors letter in reply. 1T was very
brief It thanked Mr.. Elkus, many,
many times" and said:
.I appreciated every word you say
and all you have done"
81 suppose" querried Mr.. Stanchenld
at did not escape your notice that IN
the reply there was no acknowledge
ment of the receipt of the check?'
Mr.. Marshall was on his feet in an
instant with an objection.
objection sustained" ruted the pre-
siding Judge instantly.
Cross examined by Mr.. Marshall, the
witness was queried as to his intent
in making the gift. Mr.. Stanchfield
objected. This precipitated a wran-
Cling in which judges and senators
Joined.
ST have grave doubts said Judge
Hitchcock, las to the admission of
that evidence. but I have nc objection
to admitting it if we reserve the right
to discuss the question at the end of
the trial"
Senator Brown objected that "one
violation leads to another" and sug-
gested that the vote be taken at once |
Mr. Marshall then withdrew his ques-
ton. Mr.. Stanchfield objected to the !
and made plea for imme- |
date decision.
The wrangie finally was closed by |
the presiding Judge, who said he would /
look further into the law on the mat /
ter before rendering a final opinion.
Mr.. Elkus then was excused without |
having answered the question.
Senators in the rear and along the |
side of the court room complained re- |
peatediy that they were unable to