New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-09

QenCe by the HlIlll Vi uOSulhch'o''
proof that he can furnish, and that ne
will be able, therefore, to give his rec
objections in full as to the contents or
every document which was destroyed,
as he claims, at the insistence of Co
halan when he returned the S3,04O % IN
May, 1909.
In the argument over this point MT.
Stanchfield offered what was considered
as a forecast OF the defence when he
said that he denied the existence of any
such letters.
This is no frivolous objection" said
Justice Cohalan's counsel I'VE chat
lenge every step of the evidence and
deny that any such letters or docu-
ments were ever in existence"
The Cohalan defence, it appeared.
will be a general and unqualified denial
Of any agreement between the justice
and Connolly. either as to percentage
on city contracts or of any other kind,
and q declaration that Cohalan did
what he could for Connolly in the way
Of getting city contracts for the Victor
Heating Company solely because Of his
long standing friendship with his ac-
ser.
Mir. kellogg expects to finish the di-
rect examination of Connolly within
the first ur Of to-morrow's session,
and while the defence will not bind it.
self to any time limit, it is expected
that it will complete his cross-exami-
nation by the end of the session to-
morrow.
Hard Cross Examination Coming.
II is certain that Cohalan's accuser will
be subjected TO a thorough cross-eXami-
nation, for not only Mr. Stanchfeld, but
Messrs. Jerome and Kressel. as well as
Justice Cohaan. took the most detailed
notes to-day on every vital point in the
testimony.
Mr.. Stanchfeld was favored with
seat and the defence with a counsel table
which was placed directly in front of the
witness chair, while Mr.. Kellogg, Mr.
Guthrie and Mr.. Christie were placed
further away In the relative position oc-
cupied by the defendant in the New YORK
City Criminal Courts. The joint judi
ciary committees were arranged in
semicirce just below the Senate clerks
desk Back of the rail and in the Senate
galleries a crowd which filled practically
all the available space watched the prog
ress of the inquiry throughout the day
Connolly's story. from a legal stand
point, appeared to hinge largely around
the question Of the letter which he says
he addressed and mailed TO Cohalan In
January, 1904. His statement of the agree
ment by which they arrived at the % per
cent arrangement was, briefly. that IN
December, 1905, he told Cohalan that he
would like 10 get some city work Tor the
Victor Heating Company; that Cohalan
said he could get II for him. but that first
he would want 50 per cent Of the stock OF
the company; that he put that matter up
to the directors. asked Cohalan to meet
the directors and talk it over with them,
which Cohalan refused 10 do, and that
finally he sent letter to Cohalan out
lining the agreement to give him IS per
cent of the net profits on city contracts
obtained through his influence.
Connolly went TO see Cohalan at his
office few days after sending that letter,
he 81 ore and Cohalan. said to him:
Come right over with me now to the
Borough Presidents office and l think
can get you an order"
Cohalan left him in the outer Office of
the Borough President. John +. Ahearns
office, Connolly declared, and after few
minutes delay he came out and said: AN
order will be mailed to you. thought 1t
could be fixed up to-day, but it will be
mailed to you within few days
Torn from Letter Book.
Mr.. kellogg asked Connolly TO give his
best recollection of the exact terms of
the 80 per cent letter. and MIR. Stanchheld
asked if there had been any letter press
copy of it made.
1t was here that Connolly explained
for the first time what had become of the
copy Of the letter. when he described
how he had handed IL to Cohalan while
they were riding on a Broadway car in
the summer of 1904.
Have you got the book from which it
was torn out?" Mr.. Stanchfield demanded.
Mr. Kellogg produced letter copy
book from which the last page had been
torn out, and Connolly rather haltingly
identified the torn out page as the one
on which, TO his best recollection, the %
per cent letter had been copied.
1t appeared that the letters in that
book were dated From July 80 1905, to
July 80. 1904" Connolly explained, when
questioned as to how January letter
came TO be on the back page of a book
which ran to the following July. that he
had Viewed it "as shady transaction
and had put 1t, unindexed in the back
OF the book on that account
Mr.. Kellogg anticipated any attempt
by the defence TO throw discredit on Con-
nolly's story by impugning the motive
for publicity by questioning him the first
thing as to his present employment.
Connolly replied that he had contract
10 become renting agent Of the Pulitzer
Building, in the employ Of the Press Pub
fishing Company.
Connoly's memory appeared to be IN
remarkably good working order when Mr..
kellogg questioned him about the pay
ments 70 Cohalan on the IS per cent &C
count He reeled OFF each payment that
went toward making up the total of So
$40 IS without moments hesitation and
put I'm side remarks as to the clrcum-
stances surrounding each payment which
showed an astonishing recollection. His
first visit to Cohalan on these matters,
the witness said, was made on October
%. 1904, when he drew a check to
cash" for $500 and got single bill of
that denomination from the Broadway