New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-06-11
COHALAN PROBE HA[TS;;
BAR REQUEST IGNORED
Committee in Quandary as JUS
tiCe Fails to Acknowledge
Invitation to Testify.
CAN'T SUBPOENA Him
Investigators Powerless to At
tack Him as a Judge
Still Hope He Will Yet
Lend His Aid.

Among the several witnesses requested
to appear before the grievance commit
tee OF the Bar Association i'm the investi-
cation Of the charges made by John A.
Connolly against Justice Daniel f. Co
halan. the justice is the only one who has
not accepted the invitation. it was
learned YESTERDAY Justice Cohalan has
not even acknowledged the invitation Of
the committee. though it was delivered
into the hands OF his secretary. Mr. Nc
Telgne. nearly week ago
The committee has reached a point In
the inquiry where voluntary statement
from Justice Cohalan would greatly IA
clitate the investigation one way or the
other. IL was said. and it's members are
I'm somewhat of a puandary how to pro-
coed unless they have the benefit OF
statement from him. II the justice per
ssts i'm ignoring the Bar Association
committee as some Of its members as
sumo his present attitude 10 he. there IS
some doubt as To whether the investiga-
ton can be completed and report
made
The committee has No power 10 compel
justice OF the Supreme Court 10 APP
pear before H. though II f. given
authority by the Appellate Division to
subpoena practising lawyers and Law wit
nesscs. it was said Disbarment proceed
ings against Cohalan. II an Investigation
warranted such action by tho Appellate
Division. would not affect his legal right
10 remain on tho bench. II was declared.
Justice Cohalan may be we'll aware of
the pOwerlesSness Of the committee to
attack him as a judge. should the in
vesticatIon seem To Justify such action.
IL was pointed out and bc willing for the
present 10 let the matter GO bv default.
\ letter couched in terms most polite
was delivered by a messenger TO Justice
Cohalan's secretary az the justices cham
hers last Thursday afternoon. IL was not
received with any marked consideration.
IL was said The direct communication
from the committee had been held until
after the sailing Of the Cedric on that day
when the Judge was expected 10 accom-
many bis children 10 Europe, bat suddenly
changed his plans.
The information had probably come 10
MN lllll'i llf illhi Alt' NNilit'i'NN'' ''''N'
ed 10 send him such an invitation. II was
declared and that was supposed TO have
Influenced him IN remaining In the city.
His seeming lack Of courtesy In ignoring
the polite Invitation 81 the committee Us
evidently all the more surprising TO It's
members
The committees letter sent 20 The JUS
tees secretary merely informed the judge
that the Investigation Of the Connolly
statements had been taken up. aud re-
qucsted him in the politest manner TO
communicate with Elnar j. Chrysue. at
torney FOR the committee. or otherwise
signify when he could call upon Mr.
Chrystle. or appear before the committee.
AT his own convenience. Ina the usual
course OF events such requests by the
grievance committee are at least acknowl-
edged within two or three days. il was
said.
The Investigation was temporarily sus-
pended Yesterday II was understood. with
the hope that some word would be forth
coming from Justice Cohalan to facilitate
matters. While il is not expected that the
inquiry by the Bar Association Will De
discontinued altogether. II Is at least at
what appears to be an unavoidable stand
st!il FOR the present