Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-09-26

The witness heaitntcd several Soc
onds and then said;
II can not tell positively. but 7
think Il was NJ Mr. sulzers sugees-
tion.
"Do you remember what he said 20
you on that subiert2"
~ asked him how the check was TO
be made out"
what did he say7"
"fIe said that Il was after banking
hours and that ne wanted 10 leave on
his trip that night
"Did he explain how She making
out Of the check 20 cash would IN
cilltate its being cashed after bank
I ing hours?"
'T don't recall that anything vas
snid on tho subject"
William B Houghton baying teller
Of the Colonial Branch Of tho Eguito-
/ bic Trust company ~ Nrw York. who
followed Croker. tesii'iri that col
well had presented the check g. him
Tor payment on October a. IIoueh'
ton said he had known Celweli fur
Years and had been a member of his
sun Hay school class
/ At his point adjournment was t1g-
en- untll Monday.
At tho opening Of today's session OF
b the Sulzor trial Attorney Krcsel intro
duccd In evidence letters written last
I fan by suzer ia william J Elias and
+ William Hoffman. brewers. who con-
I trlhutcd to the fund turned over TO
suizor by former senator standler
Judge Lewis Conion Of New York.
+ the first witness. told of handing Sui
ger q SiO0 check from Daniel NJ.
Brady
In the cross examination. Judge p.
Cady Herrick questioned him as to a
conversation he had with Marx Pot
ter. who the witness testified yester-
day had given check for Sulzer.
"pid you have any conversation
concerning Mr. suffers financial CON
dltiou7" Objection to this question
that 10 was not competent. was enter
ed by Mr. stauchneld and WAS over
ruled by Presiding Judge cullen, who
gave lengthy opinion as TO the ad-
missibnity of testimony tending TO
show whether II was the intention of
contributors that the money could be
used for private purposes or only to
meet campaign 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
charge Of larceny and while testimony
alleging the line OF intent may not
ancct the moral culpablity OF the re-
spondont it certainly does affect his
logal status. II the respondent use q
the money as u wt intended II should
DE used hy the donors, he was not
aullty of larceny and could not be
convicted by "a petit jury. Even the
undisCloscd Intention of tho donor
negatives the idea Of larceny and
would prevent his conviction, how
ever great might be his moral culp-
ability"
The members Of tho court voted 80
To 20 sustain the ruling Of Judge
cullen
Judge Conlin then read his testl-
mony. lie said ne had talked With
Potter about helping out the COVER
nor.
You wanted 10 help him out with
hia personal expenses, didn't you?"
asked Hcrrick.
"As I said yesterday I didn't place
any restrictions ON the use ~ the
money. ] believed that Sulzcr did not
have q cent about the time he was
out.r.ne his campaign
"uid YOU know that ne had 100000
or S5o.Oo0 In New York hanks"
asked Mr.. Spnchneld.
Mr. Marshall was on his feet in an
instant with the objection that this
question was Insulting and undigni-
ded In this presence"
Thon followed % heated controversy
between Mr. Stanchneld and Mir.
Marshall which wss closed by the ad
monitIon Of the presiding Judge Go
Cease this argument, gentlemen, and
proceed to the business of the court,
Nh Stancadcld asked g. Judge Com
Ion really knew OF suffers financial
condition and received a negative
answer
Daniel N. Brady. the next witness.
declared hc had destroyed both the
check and stub which he had con-
trihutcd To- Sulzcr "hecausc / was
friendly to both sides ana didn't
want to get mixed In Il, But ] found
ont my mistake
In reply TO query from Judge Her.
rick. Mr.. BRADY said hc had "neyeI
regarded Sulzcr as anything else than
poor man
John r Doolng of New York told
of meeting the governor on october
10 and giving him "a $1,000 check.
~ told him that I understood he
needed help. / handed him the check
no thanked me"
Mr.. Sanchdcld asked pooling if hs
had talked with HUGH J. Bcilly re-
gardlug suffers financial condition
but Judge cullen sustained an OBJ
lection,
Bollly is "a wealthy railroad con
tractor for the Cuban governments
The prosecution then took up th'
charge that the governor had use,
campaign contributions In speculation
ln Wall street.
Phtllip Boyer of the brokerage firm
OF Boyer, Griswold & Co, was called
10 the stand. IIe said that Fredericl
l.. CoiWcll had come 90 him october
10, 1919, ana given him an order e
buy zoo shares OF big Four" stock
FOR cash delivery
Colwcll paid for u IN checks fo