The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-12-05
VHINKBY And LAW SUITS
McCluskey's Case Against
Saloon Keeper and
Counsel.
THINKS He WAS sWINDLED.
Judge Knapp Sets Aside a Confess
sion Of Judgment and Execu-
tion and Sends the Mat
ter to a Jury.

Judge Knapp was called upon this
morning to enterfere in a case which had
several peculiar circumstances connected
with it. Lawyer Kenny of Harrison. made
application to have stayed execution
upon wo bonds aud warrants of At
torney, the technical name in this stare
for confessions of judgment, made by
John P. McCluskey TO Frank Nc
Grand street. this city, and James K
Bowen, the lawyer. In support OF the
application Mr. Kenny read a long
affidavit. He stated that one of The
executions was issued on the con-
Ms1,os fessiop Of Judgment ssro in favor .asa Of
Sis purporred to be be for money
loaned, and SIS for merchandise liquor
which MCCULLOUGH had furnished Nc
Cluskey by the glass. The other was in
favor of Mr.. Bowen for service rendered.
1t seems that Me- 'luskey, who Is twenty
five years old, had an interest In the
estate of his mother and father, now
dead. who lived in Karney.
The estate consisted of TWO houses and
lots in Kearny and personal property.
McCluskey's share of which amounted TO
about 81, 700.
A GOOD CUSTOMER.
After the death of his mother, which
occurred last April, McCluskey married
and came to this city, going to live in a
house on Grand .street next to McCul-
louglh's saloon. He was a hard
drinker and spent much Of
He there became indebted to Mccullough
for borrowed money and drinks on the
strength of his interest in his mothers
estate, but not in any such amount. he
claims. as that mentioned in the confess
sion of judgment
After awhile Mccullough began to dun
him for athe amount and he paid some
on account. There was some delay In
settling his mothers estate and at the
suggestion of Mccullough, be AYERS, he
employed Bowen to go to Kearny and
look after the matter, upon the express
understanding that he should receive $50
If he succeeded in collecting Mr.. Cluskey's
share of the estate.
Mr.. Bowen, however, failed to collect
the money. and Mccullough declared he
must have his money. So one evening
while, he swears, he was under the in
fluence of liquor, having been drinking
for some time previous quite heavily, Nc
Cluskey signed the two bonds and war;
rants of attorney. Bowen witnessed the
one 10 favor Of Mccullough for $3.50
and Mccullough witnessed the one in
favor of Bowen for $85.
Upon these two documents Mr. Bowen
had an execution issued aud the Snerih
levied upon McCluskey's share of the
real estate in Kearny and advertised it
for sale.
DEFENDANTS REPLY.
MIR. Bowen, in reply, re- d an affidavit
made by Mccullough, in which he states
that on July IL McCluskey owed him
$ls5 and paid 500 on account, leaving
balance of s25 due. That from that time to
October he almost daily loaned Me-
Cluskey sums of money amounting In the
aggregate to S175. and he incorporated Ia
his affidavit long statement of each
amount and the day upon which
it was loaned. He denied
that McCluskey was drunk when he sign-
ed the two confessions OF JUDGMENT. He
says he loaned the money upon the In
terest that McCluskey had In his
mothers estate. AS time passed and
he did not receive the money
and the loans he made to McCluskey be-
gan to amount to such large sum, ne
suggested that Mr.. Bowen be employed
to Investigate matters. He denied that
Mr. Bowen was to be paid only upon
condition that he collected the money and
declared that McCluskey agreed to pay
the lawyer for his work When Bowen
had completed his investigation he and
McCluskey met in McCullough's
saloon and McCluskey asked Bowen what
hardly knew what to charge and he
would leave that to McCluskey,
upon which McCluskey asked the lawyer
II S75 would pay him. MIR. Bowen replied
that it would not, but he would give res
ceipt In full for that sum.
Mr.. Bowen next read an affidavit made
by himself .in which he. corroborated Nc
Cullough and set forth minutely the
work he had done In the premises.
When he had concluded Mr.. Kenny
said that SS5 was certainly reasonable
enough for the work he had done, but ac-
cording to he affidavit of McCluskey he
was to be paid only on contingent
which did not transpire. lie said it was
strange that Mccullough would have
such confidence in young man OF
twenty-five years old as to trust him to
the extent of $3.50.
Judge Knapp said that he would stay
the execution. set aside the confessions
and allow Mr.. Bowen and Mccullough to
go into the Circuit Court and have their
damages assessed by a jury. He directed
Mr.. Kennv to prepare an order to thai
effect whi;h he will sign on Tuesday.