New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-12

was aSSOCiating every DAY ne ouSh'
to have defed Mr. Warren He ought
if he hadn't been afraid that some
thing might be exposed-he ought to
have turned the letter over to some
body. such as the Bar Association, for
its consideration.
Il have not the time to stop now and
read that letter with its charge to a
Justice of the Supreme Court, that he
had practically committed a criminal
offence two years ago
Reminds Committee Of Duty.
THAT YOU will read. and then you
will ponder upon the question, whether
Mr.. Justice Cohalan did not commit
two months ago, a fundamental mis-
take then-the greatest mistake in his
life. the greatest mistake that any
Judge of the Supreme Court OF the
state of New York made-when he
promptly, on the very day. and the
very hour that the threatening letter
demanded. surrendered the note and
the accompanying fictitious or false
affidavit
Now. as / have stated, the duty OF
analysis Of this evidence is cast upon
you by the constitution. and you are to
draw the differences which you think
are justified by the sworn testimony.
If YOU can consistently conclude. with
out regard to a scintilla of Connolly's
testimony. that the conduct of Mr. JUS
tice Cohalan was not reprehensible. YOU
will so declare.
But | venture to submit that the
conceded and undisputed features of
this whole distressing case establish
not only the grave mistakes and acts
on the part of MIR. Justice Cohalan
which are blameworthy. but such as TO
shatter the confidence which the people
Of the State of New York ought TO re-
pose unreservedly in the honor, in the
spotless honor, of their judges.
Il think that have referred to the
features of this matter which ] desire
to call TO your attention. In describing
these facts | hope ! have not in any
way injected my own conclusions
They have nothing to do with this
matter. The whole duty, the whole re-
sponsibility to the people of the state,
is with you. 1t is for you 10 determine
whether the conceded and undisputed
facts-the facts fully corroborated by
the Testimony of Judge Cohalan him
self and Mr. Cruikshank-do not rem
der il necessary in the best interests of
the whole state that Mr. Justice Co
halan should be removed
Justice Cohalan went out for long
motor ride with Mr.. Jerome immedi-
atelv after the committee went into ex-
ecutive session. They got the news OF
the committees action by telephone in
an eating place on the outskirts of the
city.
When they returned. a little before
midnight, neither the justice nor his
counsel would comment upon the out
come Of the case o. the favorable ac-
Ton OF tne COMMITTEE
Justice Cohalan will return TO New
York tomorrow.
Biggest Surprise Of Case.
The calling of Justice Cohalan by Mr..
Guthrie as a compliments witness
proved, by all odds, the biggest surprise
OF the case That the justice would be
called by the defence had been confident
" expected by every one until The Trib-
une's interview with John b. Stanchheld.
printed this morning. gave the first pub
lie notice from the Cohalan counsel OF
their intention to try to win their case
by a supreme effort to belittle and ignore
the Connolly charges.
Mr.. Guthrie's unexpected move proved
equally surprising TO the lawyers for
Justice Cohalan. and the quick-witted
Stanchfeld spared frankly for time by
interfering a request TO recall Alfred b.
Cruikshank for further examination.
While Mr.. Stanchfield examined Mr..
Cruikshank in a maner calculated chiefly
TO allow Connolly's lawyer TO defend
himself rather than Cohalan along lines
which Mr.. Stanchfeld had stated he was
not concerned about last night. Messrs.
Jerome, Quinn and Rresel put their
heads together with Justice Cohalan In
emergency preparation.
Mr.. Guthrie's examination Of Justice
Cohalan, which followed quickly, was
concisely imperturbable. He allowed the
Justice every possible opportunity 10 get
his full explanations Of each point in the
case on the record and practically at
tackled him vitality on only three phases,
namely: His knowledge Of the 30 per cent
stock demand, because of his employ
ment as counsel for the Victor Company
In the OHanlon suit. and knowledge OF
the 80 per cent letter because OF the
Broadway car incident which was coin
cident with the O'Hanlon suit; his will
ingness to pay what he himself termed
"blackmail." and his admission that he
did do work in helping Connolly to get
city contracts and did receive money
from Connolly for that work.
Nervous on Three Points.
Justice Cohalan was comparatively cool
for the most part. although he was no
ticeabiy pale and set as to face. The UNI
relieved black Of his clothes set of this
paleness and made It stand out the more
This evidently forced calm was rudeiy
upset, however, when Mr.. Guthrie drove
home the three big points OF his exam
lnation, and when the accused Justice
took the complaint notice of the O'fian-
lon suit to identify IT his hands trembled
with nervousness
Apparently the Guthrie demand for th'
OHanlon suit papers came as a consider
able shock to the defence, for on the pre-
liminary questions leading up to that de-
A..a NJ stanchfield fenced for time witt