Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-25
VOTE ADMITS ALL /
EVIDENCE ABOUT /
SUFFERS FUNDS
Presiding Judge Had 0yerruIed
Motion to Bar Liquor
Mans Testimony.
GOVERNORS. LAWYERS
ARE TAKEN BY SURPRISE
Court Declines to Strike Out
Favorable Testimony Given
by Schiff.

H1b<A-N j. y. l., sept. zo.-Ine
Court of Impeachment for the trial Of
Governor Sulzer today unanimously
voted in favor of admitting all testi-
mony In reference to alleged cam
paign contributions received by the
governor, whether specified in the ar
ticles of Impeachment or not.
The point arose on the testimony OF
Morris Tekulsky, a New York liquor
dealer, and former president of the
New York City Liquor Dealers Asso-
citation. He had known William Sui
zer for twenty-three years, he said.
and considered himself an intimate
acquaintance. When he started to
tell about the organizations contribu-
tions to Sulzer. Attorney Marshall OBJ
jected. supporting his objection by a
lengthy argument.
He maintained that there was noth
ing in the articles of impeachment re-
garding this witness. The purpose OF
the articles of impeachment he con-
tended. was to give notice to a re-
spondent of the nature of the accisa-
tions against him and to afford him
time to prepare TO answer.
Taken by Surprise.
I'VE are now in the position" Mr..
Marshall continued, more than
thirty days after the filing of the ar
ticles, of being confronted with
charge which we have not been noti-
fed to defend. This is merely an at
tempt to recast articles of impeach-
ment at the very moment Of trial.
Mr. Etanchfield. in reply. declared
that the managers have secured
evidence and are prepared to prove
that Sulzer received a large number
of contributions. vastly in excess of
those which appear on the fae or
the charges. There is no question:
as matter of law but that this evil
dence is admissible.
The managers charge that William
Sulzer filed false statement ofl
campaign expenditures intentioHaliy~ Il
He studiously concealed contributions
from all sources where he thoughrA
their public acknowledgment might
iniure his political future. The
amounts we're deliberately omitted
by design and intent. Therefore. we
claim that it is proper that we shall
show all instances IN which he acted
in a manner that renders him unfit
to occupy the high place he nov
fills.
zone Defense Is .sMfstake.v
"One of the governors defenses ia
of a mistake. We charge that hel
deliberately set out to falsify his
statement and that he Accomplishment
his purpose.
These transactions-a hundred or
more in mum mber-constituted a COM
mon scheme. a design on the part or
the respondent. to display certain
contributions and conceal others. Il
concede that the failure to report onai
I saRffr frA f,rax
coincidence. but to fail TO account
/ for a hundred is a crime"
Presiding Judge Cullen then ren<
dered a long opinion on the questiors
at the conclusion of which he ana
nounced he would overrule the motiou
and submit it TO a vote of the courts
! The presiding judge said that IL the
present case were a criminal trial he
would be disposed to exclude evidence
on charges not specified in the indict@
ment.
This case, however" he saids
rshould be construed with greater
! latitude
Had Chance to Ask for Particulars
/ He added that article six OF the fm-
peachment had mentioned the receipu
of $4,000 by the governor withous
naming the donors and that counsel
for the respondent had ample oppor-s
tunity to ask for a bill Of particulars.
This said Judge Cullen, they did
not do
Court adjourned for the noon recess
with Tekulsky still on the stand.
/ At the outset.-of this session th9
question whether the use. which Cow
ernor William Sulzer made of tho
s.. 500 given him by Jacob H. SchifrE
constituted larceny precipitated a
heated argument. No final decision
was rendered by the court. Upon itsl
determination depends the question as
I TO whether the governor is guilty or
the most serious charge against him.
in the event that il should be shown
in every instance that no restrictions.
was placed by the donors on the giftsl
of money received by Mr. Sulzer9
during his campaign.
Judge Herrick was asked IL fheI
| tstimony given TO the impeachment'
court yesterday had caused any
change in the plans of the defenses
He smiled broadly as he replied.
don't think ii viii be necessary for
Governor Sulzer to go on the stand
Nevertheless the governor is still a .
work assembling the story he expects
to tell He has assured his friends
that at will prove a knockout blowe
TO the case of the prosecution"
In view OF the testimony OF JdtuNn
/ H Schiff. a New York banker, yes
terday that he contributed $500 tn
| Governor Suffers campaign fund
with no restrictions on how IT should
be spent, lawyers for the prosecution
decided to recall him to the witness
stand at the impeachment proceeds
lings today. They hoped to draw from
the banker a qualification Of his un-
reserved statement made yesterday
Regard Testimony n Great Victory.
Meantime counsel for the inns
lpeached governor were satisfied to sic
back and wait for the next move or
their opponents. They regarded tho
testimony of Mr.. Schin as big early-
victory for them.
other witnesses called to testify re-
earding the governors financial deals
We're on hand when court opened. Isi-
dor Kresel. of counsel for the prose-
cution. said that he intended to build
up the story of the governors various
financial deals by the testimony OF
bankers, bank employees and em-
lployees of Wall Street brokerage
firms.
Thomas NJ. Goodwin, paying teller Of
the Farmers Loan and Trust CONS
pany. of New York city, was on tha
stand when court adjourned last
might. He refused yesterday to answer
4 certain questions ton the advice OF
counsel and was reprinanded by
Presiding Judge Cullen
Both the Senate and Assembly will
reconvene tonight after a recess sinca|
last Friday night
The Senate plans to do little moro