New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-26

and thereupon said Cohalan paid to the
attorney for the plaintiff the sum oi co.
: 80 80 in cash.
CHARGE EVIDENCE WAS
DESTROYED BY LAWYER
"S2. The said Alfred B. Cruikshank' VINO
had uersonal charge Of said action IN De-
half Of the plaintiff, having agreed WIZ"
said Cohalan TO cause 10 be destroyed III"
evidence in regard to the transaction mere
inabove referred TO- did, within SHUT
time after the settlement OF sald actio"'
destroy and cancel, or cause To De ue-
stroyed and cancelled. what he belleVed u
Ic ali the evidence of said transactions
"S2 The said John A. Connolly and the
said Cohalan had been intimate friends
fCr many years prior TO 1904, but oy red-
son If the commencement OF the action re-
ferred To in the preceding paragraph, salG
friendship ceased. and was terminated AT
OF prior to the time that the SAID sum OF
$500 So was paid to the plainuh therein
"a. Connolly for some time prior TO
april, 1911. was in financial dincultles,
and was DESTROYS of obtaining the ald'ot
said Cohalan in securing an appointment
TO some public office, and in order to OBJ
tain such aid the said Connolly desired To
rc-estab'ish the friendship which had Tor
merly existed between them.
80. Thereupon the said Connolly calico
upon said Cohalan and asked for his aid
and assistance. Said Cohalan thereupon
informed said Connolly, I'm substance
that before he could secure such aid and
assistance said Connolly would have 10
execute and deliver TO said Cohalan ms
promissory note for 700 and All estoppel
affidavit. the contents of which are here
after more particularly set forth, and
said Cohalan agreed that II such note ana
affidavit were delivered To him he would
aid said Connolly TO obtain an appoint
ment to some public office as requested.
SO The said John A. Connolly there
after and on the 9Th day Of April, 1911.
and without having received any other
consideration whatsoever than the prom
Use Of the aid and assistance Of said Co
halan, as heTeindbove stated. executed
and caused to be delivered to said Co
halan the said promissory note for 500,
payable four months after date, and also
an dlludNlt' OF which lhe ioio"'Hb -
copy:
city and County OF New York. S.:
John \. Connolly. being duly sworn,
says:
That he is the maker Of a note tor
four thousand dollars $4,000. dated this
5th day OF April. 1911. 10 the order OF
Daniel +. Cohalan. and that there are no
defences thereto and no counterclaims or
offsets against the same.
Sworn to before me this 5th day OF
April. 1911.
JOHN \. CONNOLLY.
ELLEN DRoHEN.
Notary Public.
New York County
81. The said affidavit Al the time that
the said John 4. Connolly verified the
same contained at the end thereof the
words TO the knowledge Of deponont'
When the attorney for the said John \.
connolly called and delivered 10 him the
said AFFIDAVIT said Cohalsn objected to
the words above quoted and insisted that
they be stricken from the affidavit. which
was accordingly done IN the presence OF
said Cohalan by the counsel for the said
John 4. Connolly but I'm Connolly's ao-
sence and without his knowledge or au-
thority
rs In the month OF May. 1913. Lyman
Z. Warren. acting as attorney for the
said John A. Connolly. sent to Justice Co
halan a letter The letter was demand
on Cohalan 10 return. the 5000 note, or
suit would be brought TO recover the
same.
20 Thereafter and on the I'D day OF
Nav. 1913. in response 10 the demand con-
tsinod in said letter Justice Cohalan re-
turned 10 the said Warren the promissory
note and original affidavit above referred
10.
80 In the latter part Of May, 1913.
newspaper published In the city OF New
York printed. In substance. the facts
herelnabove set forth. and thereafter and
on the 3ist day Of May. 1913. Justice CO.
balsn prepared and caused TO he deliy-
cred 10 representatives of the various
newspapers In the city OF New York n
statement by way Of an answer or eX-
PLANTATION I'm reference 10 said newspaper
articles and the facts therein alleged.
Said statement was published In the col
umns Of the various newspapers OF this
city on the list day OF June, 1913. and a
copv thereof Is attached hereto.