New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-07-04
Copy Of Formal Charges Slight
" "Amended" from Original
Draft Served on
Justice.
ASSOCIATION WINS PLEA
Will Be Permitted to Examine
Witnesses at Hearings Which
Begin Before Legislative
Committee Next
Tuesday.

Joseph A. kellogg, Deputy Attorney
General, was designated yesterday by
Attorney General Carmody TO act as
counsel for the joint Judiciary Commit
tee Of the Legislature, which is to hear
the charges made by John A. Connolly,
through the Bar Association, against
Justice Cohalan. Mr.. Kellogg arrived
here early in tine day and held long
conferences with members of the le-
Rslative committee, with William D.
Guthrie and Einar Chrystie. represent
ing the Bar Association in the Cohalan
case. and with counsel for Justice Co
halan.
Following the conference with the
representatives Of the Bar Association.
a copy Of the formal charges, slightly
amended" from that drawn by Mr..
Guthrie at the meeting of the commit
tee in Albany on Monday. was served
upon Justice Conalan. The amendment
somewhat tempered the charges in
phraseology, but not in substance. The
formal charges were given out at the
Bar Association last night. The Bar
Association asks for the removal OF
Justice Cohalan because OF acts affect
Ing his professional and personal char
scter and his fitness for judicial Office,
based on five specific counts.
At the conference with Mr.. Guthrie
and Mr. Chrystie at the Bar Associa-
ton, the Deputy Attorney General in
formed them that the word "conspir-
acy," which Mr.. Guthrie had used in
his original draft. was considered too
harsh" by the committee. Mr.. Guthrie
consented TO change in phraseology'
so that where the word "conspired
had appeared the word agreed was
substituted II an unlawful agreement
between Cohalan and Connolly and
others should be shown at the hear
ings. as alleged, conspiracy would be
proved just the came, and the wording
made no difference. it was pointed out.
Many subposnas Issued.
Mr.. Guthrie consented TO the change,
however, only after he had exacted
promise from the Deputy Attorney
General that he, Guthrie, should be
allowed to cross-examine any witness
he saw fit, including Justice Cohalan.
Prior 10 the conference yesterday
members Of the committee had de-
clared they did not intend TO allow
the representatives Of the Bar Assocla-
tion 10 examine witnesses. Subpenas
were issued yesterday for score or
more witnesses for the hearings, which
begin in Albany next Tuesday.
MIR. Guthrie expressed himself ss well
satisfied with the arrangements for the
hearings, as far as the Bar Association
was concerned, following the con-
ference with the Deputy Attorney Gen
eral. He said he felt Mr.. Kellogg
would conduct the hearings In a fair
and impartial manner. Mr.. Kellogg
declared he was not in the case TO
cover up" anything and would rely
! upon the representatives OF the Bar
Association to see that everything was
brought out. He said:
Il held that the Bar Association had
a right TO file any charges II saw Mt
and that the hearings should be held
on those charges. The formal charges.
which are the same as drawn by Mr..
Guthrie, with the exception Of certain
Continued on second page, sixth column.