New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-04

and Mr. Chrystie I said that | would
recommend to the committee tnat !, as
chief counsel. should examine the WIZ
nesses. but II at any time, or after my
examination. the personalities or me
Bar Association felt that any pint mao
not been covered or clearly brought
out. permission would be given th,m 10
ask any questions. ] am not I'm TINS
case TO cover up anything. , van,
everything brought out, ana shali
relv upon the Bar Association TO see
that everything Is brought out
List Of Formal CharsesJ
The formal charges and statement
signed BY Mr.. Guthrie and Mr.. ChrNT
site for the Bar Association, were, AS
follows:
"A copy of the proceedings OF the
Joint Committee on the judiciary or
the Senate and Assembly of the STATE
of New York on the 25th day of june
1913 containing n copy OF the message
of His Excellency the Governor, dateh
June 18th. 1913, and Of the accompany
.ne report Of the Committee on GrleY-
ances OF the Association OF the Bar Oh
the City Of New York, dated June "a
1919 together with the exhibits thereto
attached, including copy OF a state
ment made by the respondent the Hon
Daniel f. Cohalan. and published III
the press on or about June /, 1913,
having been duly served on said re-
spondent. the following is now SUB
mitted by and on behalf of the Asso-
citation Of the Bar Of the city OF Ne"
York. through its attorneys thereunto
duly authorized. as the statement or the
cause alleged for the removal OF sald
respondent, viz.
THAT the said respondent should ne
removed from his office of Justice OF
the Supreme Court Of the State OF
New York pursuant TO Section III ot
Article VI Of the constitution of the
State Of New York, because OF acts
affecting his professional and personal
character and his fitness for Judicial,
as follows:
Il. That in or about the month or
November OF lJtffilD'is l'N'f "'AN.
again. in or about the month of May,
1904. at the City of New York, said
respondent agreed with John A. Con-
molly TO obtain for the Victor Heating
Company a New York corporation, by
use Of his political influence, contracts
and orders from administrative or eX-
ecutive officers Of the City Of New
York for work TO be done and ma
terials to be furnished by said heating
company to the city. or departments
thereof. in consideration of the pay
ment to him Of a percentage OF the
profits Of said company derived from
such orders or contracts and that said
agreement was carried into effect by
various acts. as more particularly set
forth and referred to in said report of
the Committee on Grievances.
"2. That in or about the month OF
May, 1909. at the City of New York,
said respondent agreed with said John
A. Connolly or one Alfred b. Cruik-
shank, a lawyer practising in said city,
or with both OF them. TO destroy evil
dence of the existence OF said agree
ment and the performance thereof and
Of any and all acts done and all pay
ments made to said respondent in pur-
suance thereof, and also agreed TO
create a false record in the verfica-
tiun Of a pleading, and that said agree
ment was carried into effect by various
acts, consisting:
Destruction of Evidence.
(a) OF the destruction Of evidence.
(b) OF the preparation and verifca-
ton OF a false amended complaint, and
(c) OF the destruction OF accounts.
books Of account. records and writings
belonging or appertaining to the bust
ness Of said corporation, the Victor
Heating Company.
IS. That in or about the month
OF April. 1911, at the City Of New York,
said respondent agreed with John A.
Connolly TO obtain for said Connolly
an appointment to public Office or TO a
clerkship or other subordinate position
in a public Office in consideration of a
promissory note OF said Connolly in
favor Of the respondent payable 10 re-
spondents order for the sum of $1,000.
a. That in or about the month OF
April. 1911. at the City OF New York
and in connection with said note for
$4,000 mentioned above. said respond
ent agreed with said John A. Connolly
to have said Connolly make a false
AFFIDAVIT to the effect that there was no
defence to said note and no counter
claims or offsets against the same.
-. That in or about the month of
May, 1913. at the City of New York.
said respondent made and issued to
the press statement in regard 10 the
foregoing matters and those more par
ticularly referred TO in said report of
the committee on grievances. which
said statement by respondent was I'M
true and misleading.
"Al OF which Is respectfully sub
mltted by the Association of the Bar OF
the City of New York, and It now and
here alleges and offers to substantiate
the same by oral and documentary evil
dence.
Albany, June 80. 1918
THE ASSOCIATION OF THE BAR
OF THE CITY OF NEW YORK.
II 18Th 49, -,