Arizona republican., 1913-09-25
New York Banker on Stand for Prosecution in I'm peachment Trial Gives Testimony Favorable to Empire State Executive
OTHER SURPRISES
 ARE PROMISED
Some Idea of Fight Sulzer Promises to Make Against Tammanv Was Shown in the Opening Day of the Testimony
ASSOCIATED PRESS DIsPATcHl


 ALBANY, Sept. 24.-CiOVeln Sul- ger was free to use the S2506 check given him by Jacob H. Schiff, the New York banker, in any way he chose. The banker so declared today on the witness stand in the i'm peachment trial of the governor. The designation of the check across it's back as a contribution to the cam Paign fund, did not restrict it's use tc that purpose, Schiff said.
 Henry Morganthau. abmassadOr to Turkey. and formerly chairman of the finance committee of the national democratic committee. testified that when he gave the governor d check for $1,00O-a personal contribution he applied no limtationss to it's use. He said. however, he made the gift to help the governors campaign. and lad been ''fooishiy generous"
 These are two of the alleged cam raign contributions which the articles Of impeachment charge he misused.
 Possibly it would not make any difference in this case, but if I were sitting in a criminal prosecution" said Judge Edgar NJ. Cullen. president of the court, II should have to charge the petit jury that. if the owner con sented to the use in any manner of money or check by the party to whom 1T was delivered, such use would not constitute larceny"
 This testimony and the ruling Of the presiding judge thereon marked impeached executive. Eugene Lamb Richards. of the counsel for the man agers of the impeachment, outlined tl1e evidence against the governor.
 Schiff took the stand after counsel for the prosecution, with Isidor ]. Kresel as chief examiner called on Secretary of State Mitchell May and various officers of the assembly and the senate to prove that Governor Sulzer had been duly nominated. elected, sworn into office and inn peached
 The banker testified he had known the governor for many years and had written q letter cOngratulating him cn the nomination. On October 16, 1912. the governor called at his office in New York
 "Sulzer came to my office" said Schiff, and we discussed the general political situation. He said he was g-atified he was going to have my support. I asked him if there was anything special could do for him. ard he said:
 Are you going to contribute to my campaign fund?'
 T said, Yes. I am willing to do so.'
 Schiff then repeated that nothing was said concerning the use the gov crnOr was to make of the check. Counsel for the prosecution brought cut that across the back of the check was written, "Schiff's contribu- tiCn toward William Sulzer's cam paign expenses"
 This was a check from my firm. and not an individual check" ex- riained Schiff. and when I gave it to the Frawley Investigating commit tee I put this notation so as to iden tify it. When I used the expression e mpaign expenses it was a very general expression. I certainly had nc objection whatever. and I think the general intent and purpose of my conversation with Sulzer was that he could use this $2.5OO for whatever he pleased If were to search my mind. I would say that Sulzer could have had this $2500 at any time, and if I had been very careful [ probably would not have used the
 CContinued on Page Five.)