Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-26

said on the subject
( William 3. houghton, paying teller
of the ColCnial branch of the Equit-
able Trust company Of New York,
| who followed Croker, testified that
/ Colwel had presented the Croker
check to him for payment on Octo'
Der 81
Houghton said he had known Col
well for years and had been mem
Ter of his Sunday school class
At this point adjournment was
taken until Monday.
Murphy Will Talk.
New York. Sept. 26,--Charles p.
Murphy, leader of TammaEJ Hall,
said this afternoon: "If they want me
to testify at Albany, there is no nee
tcss.ty of IA subpoena being issued lor
me. Let them call me up on the tele-
phone and I'll answer right away. ]
will be willing and ready to go
I Albany, y. Y, Sept 26.-Governof
Sulzer asked Henry l.. Morgenthau'
ambassador to Turkey, to be easy
with him" in case he was called to the
witness stand at the governors i'm
parchment trial. Mr.. Morgenthau,
who contributed $1,000 to the COVER
ror's campaign fund, so testified when
recalled as witness today. He added
that the governor had asked him to
treat the relations between them as
personal affair
AT the opening of today's session OF
the Sulzer trial Attorney Kresel intro
duced in evidence letters written last
fall by Sulzer to William J. Elias and
1 VIM Hoffman, brewers, who con
tributed to the fund turned over to
Sulzer by former Senator Stadler.
Judge Lewis Conlon, of New York,
the first witness. told Of handing Sui
ger a 500 check from Daniel M.
Brady.
In the cross examination, Judge D..
Cady Herrick questioned him as to
conversation concerning Mr.. Suffers
financial condition?
Objection to this question that 1t
was not competent, was entered by
Mr.. Stanchfield, and was oyerruled by
Presiding Judge Cullen, who gave
lengthy opinion as TO the admissibillty
of testimony tending to show whether
it was the intention of contributors
that the money could be used for prl-
yate purposes or only to meet cam
paign expenses.
"In my opinion he said, the re-
spondent has the right to introduce
evidence concerning the intent OF the
donors Here we are considering d
charge of larceny, alleging the line OF
intent may not affect the moral cul-
pability of the respondent, it certainly
does affect his legal status. If the re
spondent used the money as it was III
tended it should be used by th'
donors, he was not guilty OF larcen!
and could not be convicted by petl
iurv. Even the undisclosed intention
of the donor negatives the idea OF lar
ceny and would prevent his convlc
tion. however great might be his
moral calpability."
The members of the court voted ~
to to sustain the ruling of Judge Cul
len.
Judge Cullen then read his testl
mony. He said he had talked WIFI
Potter about helping out the COVER
nor.
you wanted to help him out with his
personal expenses, didn't you?' askee
Herrick.
"As | said yesterday, | didn't place
any restrictions on the use of thI
money. ! believed that Sulzer did no
have a cent about the time he was
entering on his campaign
Did YOU know that he had S40,OO'
or 100000 in New York banks?" ask
; ed Mr. Stanchfield.
: Mr.. Marshall was on his feet in al
instant with an objection that thl:
question was Insulting and undignl
fed in this presence
Then followed heated controversy
between Mr. Stanchfield and Mr.. Mar
shall which was closed by the admon
ition of the presiding judge to "ceasf
this argument. gentlemen, and pro
ceed to the business of the court"
Mr. Stanchfield asked if Judge Cul
len really knew of Sulzer's financial
condition and received negative an
swer.
Daniel NJ. Brady, the next witness
declared he had destroyed both the
check and stub which he had CON
tributed to Sulzer because was
friendly to both sides and didn
want to get mixed in it. But | found
out my mistake
In reply to query from Judge Her
: rick, Mr.. Brady said he had never re
, garded Sulzer as anything else than 3
poor man"
John T. Dooling, of New York, tolc
of meeting the governor on OCTOBER
Is and giving him $1,000 check.
. 81 told him that | understood he
/ needed help. | handed him th'
= check. He thanked me"
) Mr.. Stanchfield asked Dooling if h'
had talked with Hugh j. Reilly re
! garding Sulzer's financial conditions
t but Judge Cullen sustained an obJec
ton
Reilly is wealthy railroad contrac
, tor for the Cuban government.
: The prosecution then took mp I'M
charge that the governor had use'
t campaign contributions in speculation
in Wall street.
Philip Boyer of the brokerage firn
D of Boyer, Griswold & Co., was calle'
TO the stand. He said that Fredericl
: L. Colwell had come to him Octobe
16. 1912, and given him an order t.
!, buy 200 shares of big Four stocI