Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-09-25
VOTE ALL SULzER
FUNDS ADMISSIBLE
CONTINUED from First Pnxe.)

| leaders will resume their attempt I
round up enough votes to suarante
the passage of additional impeach
ment charges. Seventy-six votes ar
required.
The new charges, drawn up las
week by the board of managers, ar
that the governor made a pre- election
promise to appoint Julius Brode
State commissioner of health, that h
failed to account for his direct pri
mary campaign fund and that h
usurped the powers of the executiv
office after being impeached.
Would Strike Out Schin Testimony
At the opening of today's session
Edgar 7. Bracket moved to strike
from the record the answer of jacob
H. Schiff yesterday, IN which the wit
ness said that he did not intend hi:
$500 gift to Sulzer as campaign ex.
penses." 1.-THE intent of the witness
cannot affect the intent of the re.
ceiver of tho fund.-" argued Mr.
Bracket.
Louis Marshall. of the Suizer coun.
sci, argued against the motion. This
case should be considered" he said
precisely the same as if we were
trying an indictment-as II the de-
PENDANT had committed the crime OF
larceny. You cannot be made the
victim of crime of larceny when the
giver places no restrictions on the
gift he makes"
Presiding Judge Cullen refused to
strike out the answer.
eff ii was a common law larceny
said the Judge, "I should be certain
that my ruling was correct, although
there must be trespass In common
law. ] feel that the same ruling
should apply here. I may change my
mind, but for the time being l must
reiterate my previous ruling"
Schiff's Intent at Time Counts.
Judge Cullen added that Mr. Schiff's
intention at the time and not his in
tention at the present time was the
question that should be considered.
That's all we want" commented
Mr.. Marshall.
Thomas NJ. Goodwin, the paying
teller of the Farmers Loan and Trust
Company, was then recalled. He was
first questioned by Attorney John B.
Stanchfield concerning the instruc-
tics he had received from the attor-
ney for the trust company not to
testify to signatures that had not
passed through the institution In
which he was employed.
Mr.. Stanchfeld handed the witness
a check of the Frank V. Strauss
Company for $1,000. The check was
Endorsed civilian Sulzer." At first
the witness was inclined not tc
identify the signature. but finally he
answered:
Identifies Governors Signature.
'T am of the opinion that 1t is the
signature of William Sulzer."
Goodwin then yielded and identified
the signatures on the two checks he
had declined to identify yesterday
those of Abram Elkus, for $500, ano
the Lyman H. Spaulding check fol
500
The witness then testified to casf
deposits totaling $14,400 made in his
institution by William Sulzer between
September IL, 1912, and his Inaugural
ton.
Mr.. Stanchfeld called Abram Elku.
to the witness stand after Goodwin
was excused.
Elkus Tells of $500.
Mr.. Elkus said he had known VIII.
lam Sulzer for about twenty years
He identified copy of a letter ht
had written Mr.. Sulzer on October 4
In the letter Mr.. Elkus, after con.
his nomination. said, 81 know con
gratulations are very pleasant ant
very nice, but campaign to be sue
cessfully conducted requires some.
thing more than words. and so an
enclosing my check for $500 to aid II
the expenses of your campaign"
Mr.. Stanchfield then produced tht
governors letter In reply. 1t was very
brief. 1t thanked Mr.. Elkus "many
many times" and said, ST appreciate
every word you say and all you have
done"
at suppose" queried Mr.. Stanch'
field, at did not escape your notice
that in the reply there was nj
acknowledgment of the receipt Of the
check?"
Mr.. Marshall was on his feet in al
instant with an objection.
objection sustained" ruled tht
presiding judge instantly.
Cross-examined by Mr.. Marshall
the witness was queried as to hi.
intent in making the gift. Mr.. Stanch
field objected. This preclpitated {
wrangle in which judges and senators
joined.
Judge HiscOck Expresses Doubt.
81 have grave doubts" said Judg'
Ill5COChg DIS W lilC VI biAtL
evidence, but 1 have no objection t.
admitting it, If we reserve the RICH
to decide the question at the end o
the trial"
Senator Brown objected that "on'
violation leads to another" and sug
gested that the vote be taken at once
Mr.. Marshall then withdrew his ques
ton. Mr.. Stanchfleld objected to tn
mill dt4n rn1 fN1n frx I'm.
mediate decision.
The wrangle finally was closed b,
the presiding judge, who said h
would look further into the law OF
the matter before rendering a fina
opinion.
Mr.. Elkus was then excused with
out having answered the question.
Senators in the rear and along tn
side of the courtroom complained re
peatedly that they were unable t
hear the witnesses and the question
of counsel.
Wants Pavement Mun1ed.
One of the senators urged that tn
pavement in the street be covere,
with tan bark to lessen the noise o
passing vehicles.
Upon the suggestion OF Attorne.
Stanchfeld, Judge Cullen direote'
that the witness stand should b
moved near the main body of tn
court in an effort to make the wit
nesses' testimony more readily heard
Webb Floyd, president of the Mu
tual Alliance Trust Company, VIII
took the stand after Mr.. Elkus hat
been excused, was questioned con
corning the account of Louis A
Sarecky, Governor Suffers campaign
secretary. The account, the witnes
said, was opened in August, 1917
Der l and December 81 the total de
posits amounted to $14,066. The bal
ance on December 81 was $3.50.
One of the deposits was the Schit