Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-26
OFFICIAL CHARGE
BLOW TO SULzER
Says Governor Requested De-
niaI Under Oath of $500
Campaign Gift.
M0RGENTHAU DECLARES
HE, TOO, WAS APPROACHED
New York Executive Wanted Him
to Be Easy, Ambassador
Ayers.

Ayers.
ALBANY. n. \, September 26.-Dun-
can w. Peck, state superintendent Of
pubic works, testified mt Gov. SulEer'a
Impeachment trial this afternoon that
the governor had asked him to deny
under oath that he had made q nve-
hundred-dOllar contribution to the Sui.
ser campaign fund.
ALBANY, N. Y, September 26-Gov
SulZer asked Henry l.. Morgenthau am
bassador to Turkey, to be easy with
him in case he was called to the witness
stand at the governors impeachment
trial. Mr. Morgenthau. who contributed
$l,OO0 to the governors campaign fund
SO testified when recalled as a witness
today. He added that the governor had
| asked him to treat the relations between
| them as a personal affair"
Crowds fiocked to the capitol today ex-
pecting to listen to the testimony OF two
witnesses long sought by the board OF
managers in the impeachment trial
Louis A. Sarecky and Frederick l.. Col
well.
Former Campaign Secretary.
Sarecky, who formerly was the gov
ernor's campaign secretary was served
with a subpoena yesterday and promised
| that he would be on hand today. In his
capacity as secretary he handled much
of the money contributed for the govern
or's campaign. Process servers found Sa-
recky here yesterday after a long search.
During the twenty-one days they sought
him he called several times at the execu-
| tive mansion.
| Colwell, whose home is in Yonkers, has
been termed the governor dummy IN
| his Wall street deals. The hunt for him
was even more determined than was that
for Sarecky and Colwell was more sue
cessful in concealing his whereabouts. No
report of his whereabouts ever was OBJ
| tanned after the day following the reve-
latons regarding the governors deals in
Wall street. At that time Colwell dtsap-
peared from his home.
Get Line on Defense.
Persons who have followed the case
closely thought they gained from ques-
tions asked a witness yesterday by At
torney Louis Marshall for the defense, u
line ON how the respondents attorneys
plan to explain his converting contrfbu-
tions to his personal use. Mr.. Marshall
brought out that the governor spoke OF
needing money for travelling expenses.
This was believed to be for the purpose
of building up a defense that Mr.. Sulzer
was in dire financial straits; that his
friends knew of this condition and gladly
helped him.
The action of the board of managers in
deciding last night not to bring addi-
tional impeachment charges at this time
| was generally regarded as final. FRIENDS
of Mr.. SulZer said the charges were not
added for the reason that enough votes
| to pass them could not be mustered by
| Majority Leader Levy.
Sulzer Letters to Brewers.
| At the opening of today's session At
| torney kresel introduced in evidence let
| ters written last fall by Sulzer to Will
liam ]. Elias and William Hoffman.
| brewers who contributed to the fund
| turned over TO Sulzer by former Senator
| Stadler.
| The governor thanked Hoffman for
| all you have done in my behalf.
| The letter to Elias expressed apprecia-
| tion for your letter and inclosure-
| Judge Lewis j. Conlon OF New York
] city. the first witness. told of handing
4 Sulzer a one hundred dollar check from
Daniel NJ. Brady.
| What kind of contribution was it?'
| asked John b. Stanchiield OF counsel Tor
| the Impeachment managers.
| III was a contribution to help him
| along in his campaign said Judge Con-
| lon.
Receipt Acknowledged.
The witness said he had received ac-
| knowledement of the receipt OF the
money from Sarecky.
.In the usual rubber stamp FORM
asked the attorney.
i 1T was an acknowledgements, replied
| Judge ConIon with some asperlty
l In the cross-examination Judge ID.
Cady Herrick questioned him as to
! conversation he had with Mark M.
Potter who the witness testified yes
terday had given him a check for Sui
zer.
"Did you have any conversation con-
cerning Mr. Suffers hnanciai condi-
tion?'
/ objection to this question-that 1t
was not competent-was entered by
| Mr. Stanchfield and was overruleo oy
| Presiding Judge Cullen. who gave
| lengthy opinion TO the admissibility
of testimony tending to show whether
il was the intention OF contributors
that the money could be USED Tor prl-
! vate purposes only or 10 meet Cam
| paign expenses.
Ruling of Court.
I'm 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
affect the moral culpa bility of the re-
! spondent it certainly does affect his
legal status If the respondent used the
/, money as it was intended it should be
used BY the donors. ne was not guilty
OF larceny and could not be convicted
! by a petit jury. Even the undisclosed
! intention of the donor negatives the
| idea of larceny, and would prevent his
! conviction, however great might be his
! moral culpa ability.
/ The members of the court voted - to
| . to sustain the ruling OF Judge Cullen.
| Judge Conlan then continued his tesh-
mony He said he had talked with Potter
about helping out the governor.
Suggested New Suit
Didn't you tell him." asked Judge
Herrick, THAT he ought to have a new
suit of clothes?
| well. if l did 1t was I'm joke" the
witness replied. as laugh rippled around
the courtroom
| "Well didn't you as matter OF fact
| fell him that he needed new suit OF
clothes and a new hat for his campaign
up the state?"