New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-01
'COHALhN TRIAL AWAITS
| STATEMENT OF CHARGES
Legislative Committee Will
Formulate Specific AIIega.
tionS Against the JuriSt.
TRIAL TO BEGIN TUESDAY
Carmody Asked to Act as Coun-
sci, and Should He Fail
Kellogg Will Be
Named.
by Telegraph to The Tribune. |


Albany. June 30.-The legislative COM
mittee appointed to try the charges made
, by the Bar Association of the City OF
New York against Supreme Court Justice
Cohalan held its first meeting to-day in
the Senate Chamber. and as had been
agreed upon, postponed the trial until
Tuesday morning. July s. Because OF this
! understanding Justice Cohalan's attorneys
did not appear. The Bar Association was
represented by William d. Guthrie, couu-
sci. and Einar Chrystle, secretary Of the
| associations grievance committee.
Mr.. Guthrie suggested that a specific
complaint be drawn up. and said that he
was prepared to submit statement for
the guidance of the committee, SO that
the provisions of the constitution could
be complied with. The constitution states
that a judge shall not be removed under
proceedings contemplated unless he shall
have been served with a statement of the
cause alleged" The charges to the Legis-
lature, AS submitted through Governor
Sulzer. contain a statement of the evil
dence presented to the Bar Association
grievance committee. 10 which the charges
made by John A. Connolly were referred.
Mr.. Guthrie and members of the legis-
latlve committee at first differed as to
whether the statement of charges should
come from the Bar Association or tho
committee but IL was inaly decided that
the question was not vital. The state
ment of the associations counsel was
then submitted for the consideration OF
the committee.
The Bar Associations counsel charges
Justice Cohalan. in effect with being
party to three unlawful conspiracies. In
conclusion, the attorney calls upon the
justice to show cause WY h. should not
be removed because Of the allegations.
The first specific charge against Justice
Cohalan is that he conspireG with other
persons unlawfully TO procure for the
Victor Heating Company, or John A. con-
molly or both of them certain city work
or contracts. from the profits Of which
Daniel r. Cohalan was 10 derive a per-
sonal profit This was In the years 1901
1905 and 1906
The second charge sets forth that Dam
iel F. Cohalan. having agreed to settle
the action brought against him in 1909 by
the Victor Heating Company. through
JONn n. Commonly, 10 recover Illt Hlol'sS
which Cohalan had derived as profits
| from the city work he obtained for the
Victor Heating Company. by repayment
in full OF these moneys. $3.50 50 in all.
conspired with other persons TO destroy
all the records and documents OF the We
tor Heating Company which formed the
basis OF the suit. This was in May. 1903.
The third charge is that in April, 1911,
shortly before he assembled the bench,
Daniel F. Cohaan conspired with other
persons to procure from John \. Con-
molly a note FOR 5000. under the promise
or pre;ext that ne would obtain for Con-
molly in return some lucrative political po-
sition.
1t is expected that the statement Of AL
legations will be formulated within the
next day or so, but il will not be made
public until il is served on Justice CO.
halan. II will contain nothing not en-
braced in the twenty-four counts in Tho
report presented to the Governor by the
Bar Association.
The Joint committee tonight requested
Attorney General Carmody to act as It's
counsel during the proceedings. II the
Attorney General found IL Impossible 10
comply, IL was stated tonight, he Would
appoint Deputy Attorney General Joseph
4. Kellogg to act.