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

by the use Of his political influence
Judge Cohalan secured certain con-
tracts.
"If nv memory serves me right
even Connolly did not swear tha'
Judge Cohalan said that he would use
his political influence. He sworei !
believe. Just the opposite OF that, anu
that he said any such thing You are
asked to infer from the fact. that Judse
Cohalan had an interest in politics ana
endeavored to secure this man coh-
tracts.
That these were services that ne hau
q right to render: that these were ser
vices that he had a right to be PAL"
for; that they involved no moral opilq-
uity: that they didn't even involve IL
legality: that they were strictly Legal
that has been decided in a NUMBER Oh
decisions in this court and the Uhl'eo
States Court. and ] will not delay on
that further than, with your permis-
sion, to hand you a memorandum Vi
authorities which shows so conciusNel!
the legality and propriety of those ser
vices that it seems to me on the race oi
Connolly's testimony himself tna'
charge must ne swept away.
Denies Destruction of Evidence.
THE second charge contains three
Specifications. 1t charges an agree
ment with Mr.. Cruikshank to destroy
evidence.
Il don't believe there is a practising
LAWYER in this State of New York, or
any part Of This state, who has repre-
scented a client that is being black
mailed that has not demanded that
every scintilla of evidence, every letter.
every document and every paper con-
nected with the thing be delivered 10
him, and il he has not destroyed them'
il is only because he has kept them
for fear that they may not all nave
been delivered to him and he may nave
to produce what he had got 10 sho"
what the transaction actually was
eft is not a destruction Of evidence;
Il is not within the scope or meaning
or purpose of the law. A controversy
such as that was settled and COM
pletely finished and out of the way.
The action was discontinued. General
releases were executed. All claim was
absolutely, from a legal standpoint, de-
stroyed, and to say that then TO de-
stroy a pleading or any paper con-
nected with it was a destruction Oh
evidence is, / submit. an unfair distor-
ton of the fact"
Mr.. Jerome took up the third charge
in a lighter vein. He ridicuied II as
preposterous proposition that any poll
tician would take mans note FOR ST.
coo TO secure Connolly an appointment
TO public office II Cohalan had wanted
10 collect on the note, Jerome said ne
could certainly have got Job for Con-
molly if he had wanted to do so.
The fourth charge, that Cohalan
agreed with Connolly TO have Connolly
make false affidavit to the effect that
there were no defences, counter-claims
or offsets to the $4,000 note, Mr.. Jerome
dismissed with the declaration that IN
view of the blackmail Cohalan had
previously suffered from Connolly there
were no defences to the new note and
SO the affidavit was perfectly true.
AS to the fifth and final charge, that
Justice Coha!an's published statement
was untrue and misleading" the law
yer said he would just leave that to the
committee. in view of the fact that It's
members had just heard Justice CO.
halan testify.
Guthrie Critieises Connolly.
MIR. Guthrie, in his summing up, sur
prised the defence by his perfect candor
as TO his opinion of Connolly. The law
yer made no attempt to defend Con-
molly. but set him forth plainly and
unsparingly as "piuable and wretched
character"
After that MI. Guthrie pointed out
that. even in view of that, the justice
had associated with Connolly for up
ward of ten years.
Men do not become so rotten and
bad all Of a sudden" Mr.. Guthrie said
OF Connolly. You heard him testify
here You saw his stiffness and you
we're able to judge whether that man
paraded with, or was to be taken for
Ten years as a man fit to associate
with. a highly trained, educated, honor
able member of great profession"
Justice Cohslans method of doing
business with Connolly on a cash and
bills basis. rather than by check, and
his strange omission of any Office rec
ords covering his admitted dealings
with Connolly in three years, and
amounting TO almost $4,000 from a
financial angle, were denounced as un-
ouestionably suspicious by Mr.. Guthrie,
and he declared that he did not believe
that the Democratic party or Tam
many Hall could have been injured by
the affair if Cohalan had exposed what
he now termed "blackmaip when the
matter first came up in 1909.
Let us come down to what nap
pened this year" Mr.. Guthrie went on.
Mr.. Justice Cohalan is on the bench
as a member of the Supreme Court of
the state. He receives the most in
sulting letter that any justice Of the
Supreme Court of this state. and, l
venture to assert. Of any state, ever
received The letter was contemplate