New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-11
Unwilling Witness Heard.

Mr. Guthrie took the unwilling witness
over every step Of the ground 30 Tar as
tho settlement by Cohalan with common!
was concerned, and then put this ques-
ton to him.
MIR. Lcary, isn't it a fact that the
complaint stated that the defendant Dan
iel F. Cohalan, had received money
wrongfulIy from the officers OF the COM
pany to which he was not entitled?
II think it did-something TO that ei-
feet" Leary answered.
And that he consideration was lie
gsl?"
Il think it-weu, substantially so" was
Leary's reply.
You felt that the complaint itself was
a very serious charge, If true, against
your client, affecting his professional
honor?'
1T was a serious charge Lcary admit
ted, but he added that he felt sure 1t was
not true. and that he viewed il as black
mail.
Judge James +. Sou:hard, of Putnam
County, lifelong friend OF Connolly, VINO
held a small number of shares in the
Victor company and who acted as di-
rector, corroborated Connolly's story OF
tho demand for 20 per cent OF the stock OF
the company, although he said he did not
recall that Connolly had said who was the
person who was to get &c stock
Judge Southland objected TO the PROPOSE
ton. he said. on the ground that the per-
son would thereby come I'm for one-haf
the profits of the company instead Of for
a percentage Of the profits on the bust
ness he should bring to the company.
Tolls Of Stock Demand.
George O'Hanlon, who was formerly a
stockholder of the Victor Heating Com
pany, but who got out in 1901, corrobo-
rated again the Connolly story OF the de-
mand by some one for 30 per cent Of the
stock Of the company rs compensation for
getting work on city contracts. He, like
Judge Southland, told OF the meeting of the
directors Of the company on a Sunday in
December, 1908, at the Catholic Club.
where that proposition was advanced by
Mr.. Connolly and turned down by the
other directors. He knew that the person
TO get the stock was some political
friend OF Connolly" but could not recol-
lect who he was.
As to the % per cent letter. which Con-
molly swore he sent to Justice Cohalan
later. O'Hanlon was unable 10 recall hav-
ing seen that, or whether he did the type
writing of il or not. He would not deny.
however, that he might have done so.
The morning session, devoted largely
10 the completion OF Mr.. Stanchfeld's
cross-exsminstion Of Connolly did not
bring out any contradictions in the vital
points Of his story. II did. however, pro-
duce another item which went on the
record as another instance Of perjury"
by Connolly in swearing 10 a court pro-
ceeding.
This development came incidentally
from a pursuit OF the question as TO Just
Justice Cohalan returned il 10 him. Five
hundred dollars Of the amount, witness
said, went TO Atwater e. Cruikshank. his
lawyers, as their collection fee, and the
remaining g, 40 SECONDLY turned over TO
the John +. Sayward Company. a corpo-
ration in the same line Of business as the
Victor Heating Company, OF which he
was president and chief owner.
This amount was later returned to the
Victor Heating Company, Connolly said,
in small payments and he explained that
II had been deposited TO the credit OF the
Sayward company as temporary con-
venience in connection with their bank
account, and that a note had been made
from the Sayward TO the Victor company
It appeared then, under Stanchhed's
ss-examination. that at later date
Connolly borrowed 800 of Mrs. Minnie c..
Sayward, for which he gave her his note.
Subsequently she sued him for repayment
of the loan, and on dis answer to that
suit prepared by his lawyer, James r.
Swanick, OF No 302 Broadway. he swore
that there had been no consideration for
the promissory note he had made 10 Mrs
Sayward. Subsequently he paid her the
money, with interest, but Mr.. Stanchheld
made big point of making Connolly adj
nit he had sworn falsely In subscribing
to the answer in the Sayward suit
Mr.. Kellogg tried TO stop the pursuit Of
the Sayward matter on the ground that
Il was far ahed from the charges at
issue, but Assemblyman Cuvillier and
other Tammany members OF the commit
tee supported Mr.. Stanchfield's contention
that II was material as bearing on the
credibility Of the witness, and the ex-