The Sentinel=record., 1913-09-26

 that Mrs. Sulzer took it and pu. it in desk"
 Dersch said Sulzer requested that If he got any more checks, ito be Kind enough to have them cashed." '"
 Simon Uhlmann, head of the lienckel Brewing company of AL bany, testified he had made out a check for $3U0 for the order of Louis A, Sarecky
 'l told the governor that 1 would contribute to his campaign fund" said the witness
 Morris Tekulslky, president of the New York Liquor Dealers associa- tion and a member of the general committee of Tammany Hall, testi fled that he contributed $50.
 The question as to the admissibil. ity of the evidence on campaign con tributions not cited in the articles of impeachment precipitated a heated wrangle among the opposing attor neys.
 These transactions-a hundred or more in number er'-asserted John B. IJIOSCGu- tion, constituted common scheme, a design on the part of the respond ent to display certain contributions and conceal others. l can see that he failure to report one might have been an accident; two coincidence, but to fail to account for a hundred is d crime
 Attorneys for the governor pro. tested that the articles should be treated as an indictment, and that the governor could not be tried for otf5nses no. alleged in such indict- ment
 Presiding Judge Cullen overruled ,he objections. He pointed out that the governors counsel had been given ample opportunity to request the pros ecution for d bill of particu. lars. The court voted unanimously in favor of letting all the evidence in.
 Jacob II. Schff, the New York banker, was recalled to the stand alter counsel for the prosecution at the outset of the session had made d desperate fight to have the marrow of his yesterdays testimony stricken from the record. That was-and he repeated it in substance today-that he had not intended his $2,500 gift for any particular purpose
 This was an admitted blow to the prosecution
 Edgar T. Bracket, counsel for the impeachment managers, argued that since Mir Sulzer had asked for the monpv fp bain Iie ca ,n ,,a ion, # ,,ado no difference what the intent of Mir Schiff in the matter had been. He raised the point that the banker 'mighl have been giving expression to his feeling in regard 10 the gift at the present time rather than at the time the gift was made. Judge Gull len agreed lhat the point was well taken. but he reserved decision on the motion to strike the testimony in question from the record
 "l would like to ask a question" interrupted senator Foley during S>hiff's cross-eramination "I would like 10 know. MT Schiff if you have have had any communications with Governor Sulzer since this matter was disclosed in the last two monthS?"
 q had not, except that he invited me 10 come to Albany and | declined. To be correct, about four or five weeks ago his secretary invited me to come to Albany to see Mrs. Sul- ger, who was i'll. have seen Gov ernor Sulzer only once since he went into office"
 Hid anybody communicate with you in New York City in behalf of Mir. Sulzer and discuss this matter of your contributions?'
 Yes. Mir. Frankenstein came to see me and told me that if would accept it, Governor Sulzer would be very glad to refund to me the $2,500, to which l replied that l could not now. since the matter was under in- vestigation, permit the status to be changed
 You refused to accept refund Of the $2,500?" asked the senator.
 'I did not. It was never rendered ,o me- The question was only asked as to whether l would accept it, to which | said no. The exact words were, so far as | remember, Gov ernor Sulzer would like to repay you this $2,5OO."
 The name of Mrs. Sulzer who, 1t is reported, will be one of the star witnesses for the defense, was ire quently brought into the testimony today. It was developed that she had telephonlc communication with Ralph Trier, vice president of the Frank V. Strauss company, in regard to d S1,000 check which he had sent to the governor in behalf of Mir Strauss. who was abroad. Trier tes' tified that Mrs. Sulzer told him over the telephone that the check he hau sent was not in the envelope. Wlt' ness said he stopped payment on thls check and sem duplicate, winch Mrs. Sulzer told him had been re- ceived. He added that Mrs. Sulzer and Mir. Strauss were related. Judge Lewis J, COnlan Of New York a friend of the governor TOT more than SO years, testified con corning three checks given to the governor by him, as follows
 Mark Potter $200, Lyman H. opal- din sl00. and John Delehanty SllO.
 MT. Conlan said he had other checks with him a. the time and ne l of fbor11 n M r