Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1913-09-25
.SULzER court
WILL HEAR
ALL
VOTE UNANIMOUSLY TO ADMIT ALL
TESTIMONY IN REFERENCE TO-
The CAMPAIGN CONTRIBUTIONS
WHETHER MENTIONED IN I'M.
PARCHMENT ARTICLES OR NOT. |
LAWYERS HAVE MANY
A WORDY BATTLE

Albany, n. Y, Sept. 25.-The cour
of impeachment for the trial of Gov
ernor SulZer today unanimously votet
in favor of admitting all testimon,
in reference to alleged campaign con
tributions received by the governor
whether specified in the articles o
Impeachment or not.
The point arose on the testimony o
Morris Tekulsky. New York liquo
dealer, and former president of thu
New York Liquor Dealers Associa
Ition. He had known William Sulzel
for % years, he said, and considered
himself an intimate acquaintance
When he started to tell about the or
ganization's contributions to SulZer
Attorney Marshall objected, maintain
ing there was nothing in the articles
of impeachment regarding this wit
ness.
The purpose of the articles of I'M
peachment, he contended was to give
notice to a respondent of the nature
| OF the accusation against him and to
afford him time to prepare an answer
Mr.. Stanchfield in reply, declared
that the managers have secured and
are prepared to prove that Sulzer re-
tceived large number of contributions
vastly in excess of those which ap-
pear on the face of the charges. There
is no question as a matter of law,
but that this evidence is admissible.
"The managers charge that William
Sulzer filed a false statement of cam
paign expenditures Intentionally. He
istudously concealed contributions
from all sources where he thought
their public acknowledgement might
injure his political future. Therefore,
we claim that it is proper that we
should show all instances wherein he
acted in a manner that renders him
unfit to occupy the high place he now
fills.
"One of the governors defenses is
that that ommissions were the result
of a mistake. We charge that he de-
liberately set out TO falsify his state
ment and that he accomplished his
purpose
These transactions-a hundred or
more in number" continued Mr.,
constituted common
scheme, design on the part of the
to display certain contri
buttons and conceal others, | con-
cede that the failure to report one
might have been an accident; two a
but to fail to account for
a hundred is crime"
Presiding Judge Cullen then render
ed long opinion on the question, at
he conclusion of which he announced !
nit it to the vote of the court. The
presiding judge said that if the pres |
ent case were criminal trial he
would be disposed to exclude evidence
III charges not specified in the indict-
nent
This case, however, he said,
should be construed with greater lati-
ude' He added that article six of
he Impeachment had mentioned the
eceipt Of 100000 by the governor,
Without naming the donors and that
ounsel for the respondent had ample
pportunity to ask for bill of par
iculars.
This said Judge Cullen, they did
OF do"
Court adjourned for the noon recess
18th Tekulsky still on the stand. ,
At the outset of today's session the
uestion whether the use which Gov :
fnor Sulzer made of the $4,000 given !,
i'm by Jacob Fl. Schiff, constituted :
rceny, precipitated a heated argu :
ent No final decision was rendered
Y the court. On its determination :
apends the question as to whether
lie governor is guilty of the most SER :,
us charge against him, in the event :,
lat it should be shown in every in =, !,
ance that no restriction was placed y
, the donors on the gifts of money
ceived by Mr.. Sulzer during his q
mpaign. r
At the opening of today's session of :
e Sulzer trial. Edgar T. Bracket =
owed to strike from the record the y
lswer of Jacob H. Schiff yesterday,
which the witness said he did not 9,
tend his $25O0 gift to Sulzer as =,
expenses" :,
"The intent of the witness cannot ~
feet the intent of the receiver of the ID
nd" argued Mr.. Bracket. ~
Louis Marshall, of the Sulzer coun- Y,
|. argued against the motion. This q,
Sc should be considered" he said, m
recisely the same as if we were nj
wing an indictment-as If the de-
ndant had committed a crime of ct
-ceny. You cannot be made the vic go
n of larceny when the giver places f.,
restrictions on the gift he makes"
Presiding Judge Cullen refused to pI
ike out the answer.
Thomas NJ. Goodwin, the paying teller
the Farmers Loan and Trust COM
ny, was then recalled. de
He was first questioned by Attornet tic
IN B. Stanchfield concerning tho Tr
he had received from the Yo
orney for the trust company not to o.