New-York tribune., 1918-07-15
loEshus Defends Loyalty;
Faces Operation to Join Army
Judge Admits Indictment Against Syracuse LAWYER Was
Withdrawn After Schoeneck Testified at
Secret Jury Session

SYRACUSE, N. y, July 14.-John B.
Tolishus, the young local attorney
whose alleged sedtious utterances
have been called to the attention of
the Onondaga County Bar Association,
the Appellate Division Of the State Su
preme Court and the Department of
Justice at Washington by two Syracuse
lawyers, issued a statement to-day de-
nying the utterances attributed to him
and declaring himself to be loyal
American citizen.
In his statement Tolishus denies the
charge he criticised the motives of the
United States in entering the war, de-
clares he never stated that he would
not fight if drafted into the army and
says the allegation that he admitted
ne sought American citizenship simply
Tor the purpose of later securing ad-
mission to the bar Of New York State
is false.
Tolishus further declares that he is
now making arrangements to enter a
hospital for q surgical operation to
correct deformity which resulted in
his being placed in deferred classi-
tication by his local draft board
Words have been put into my mouth
which never uttered" says Tolishus
in the statement. II am loyal citi-
win the war. l am at the present time
making arrangements to have an oper-
alton performed whereby | may fit my
self for service in the army"
Admission that an indictment charg-
ing sedition against Tolishus, who was
employed in the law Office OF Bond
4 Schoeneck, of which Lieutenant
Governor Edward Schoeneck is a mem
Der, was withdrawn after night con-
ference in the chambers of Federal
Judge George W. Ray was made here
to-day by Judge Ray and Assistant
United States District Attorney Jere-
miah W. Davern.
Their statements followed the filing
of petitions Saturday with the Depart
ment Of Justice and the Appellate Di-
VISION, Fourth Department, for a Fed
eral investigation into the proceedings
OF the grand jury in the case against t
Tolishus.
The cause Of the change in sentiment
among members Of the jury, who after
hearing witnesses tell of Tolishus's
alleged disloyal statements voted sn
Indictment and then after hearing still
more witnesses swear to what Mr.. Dav-
ern says was "still stronger evidence -
reversed themselves and voted not to
return an indictment, will be investi-
gated.
Politicians are wondering what effect
the case will have on the Whitman
ticket. Lieutenant Governor Schoe-
neck announced a few days ago that he
would be Governor Whitman's running
mate again. There is little likelihood
of the case being sifted before the
primaries. If Governor Whitman
stands by his running mate it is fig
ured he will lose the votes of those to
whom anything savoring of pro-Ger-
manism is anathema, and if he re-
pudiates him he will lose the votes of
those who would be attracted by Schoe-
neck's candidacy.
The petitions asking an Investigation
were signed by four local LAWYERS who
testified before the grand jury regard,
ing the statements alleged to have been
made by Tolishus, many of which We're
unprintable. They were Assistant Cor.
poration Counsel D. Eaton Alvord
Francis P. Welsh, managing clerk for
Smith. Hayden & Setright; James A.
Farrell, managing clerk for Costello.
Cooney. Burden & Walters, and Fran
CHS u. McCurn, law partner of Dis
trict Attorney John H. Walrath.
Accompanying the petitions were A.