New Britain herald., 1929-06-24
TUNNEY ATTORNEYS FILE HEART BALM
 ANSWER IN COURT
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 (Continued from First Page) truth of the suit.
 2. On May e5. 1927. the plain- tiff for valuable consideration" gave Tunney . release discharging any and all claims.
 ;. On July "A. 1928. the plain tiff again for . valuable considera- ton" gave release under seal dis. charging all claims.
 The cross complaint asks that Mrs. Fogarty be enjoined from prosecut- irg and continuing to prosecute the action already commenced against the retired heavyweight champion in ,he Connecticut court. The com- Elaint is based on the two releases which Mrs. Fogarty is alleged to have signed, both Of which were at tached to the briefs filed in court today.
 Says Charges Raseless
 The cross complaint states that after Tunney had won the heavy weight championship from Jack Dempsey, there was a demand from public and press for return en- gagement between the two.
 During such time" the com plaint says. Katherine King Fogar- ty, we'll knowing the premises afore- said, threatened to bring against the defendant baseless claims of an al- legged promise to marry her and to give wide publicity to the same un- less he should pay her to refrain from the execution of such threats"
 Tunney was then under contract with the Rickard Sporting Club, Inc, the complaint says, which was will- ing to underwrite his fight with Jack Dempsey.
 "Any unfavorable publicity con- cerning the said Tunney such as was threatened by said plaintiff, would materially impair the value of said contract both to said Tunney and to said corporation. all of which the said plaintiff we'll knew" tho con.- plaint continues.
 Good Business to Pay
 Although the claims of the plain tiff were without foundation or justi- fication, it was deemed good business judgment that the plaintiff should be paid a sum of money 10 avoid less to said corporation and to said Tunney. whereupon for such consid- eration. the plaintiff executed and delivered the general. release"
 Threats Again Begun
 Then Tunney was matched for one more fight by the Rickard sporing club and Tom Heeney of Australia was chosen as his opponent the complaint states. Prior to and in July 1928 the plaintiff again made money demands. it was claimed.
 The document continued:
 Two days before the date set for the boxing contest between Tunney and Heeney and while Tunney was in strict training in preparation therefor. the money demands of the plaintiff and her threats of publicity became moro inastent and menac- ing.
 Further S.iua- Paid
 "Advisers of said Tunney decided kthat rather than risk, the effect of adyarse. puusscit4 wneeh would tae- pafYF ana reduce ~ the financial rs- ceipts of said contest and occasion loss to said corporation and to said Tunney and disturb said Tunney in the course of his training, a further sum of money should be paid to the said plaintiff"
 The payment was made and an- other release was given Tunney, the complaint said. A copy of the alleg- ed release is attached to the com plaint.
 Text of Release Both of the attached releases free Tunney and his heirs from any fur ther action and in tho second one is the clause which released Tunney from any claims, which against John James (Gene) Tunney and or William Gibson, ever had. now have or which or my heirs, execu- tors, or administrators. hereafter can, shall or may have. for. upon or by reason of any matter, cause or thing whatsoever, from the begin- ming of the world to the day of the date of these presents. more par ticularly in regard to my personal matter which did exist does now ex- ist or that may exist from the be- ginning of the world to the day of the date of this release with the said John James (Gene) Tunney."
 The complaint is worded as Kath- ,rne King Fogarty against Jamee Joseph Tunney and the first release | is made to James J. Tunney but the second release, throughout, refers to the defendant as John James (Gene) Tunney.
 Trial of the suit will go over un. til the September term Of court, As- sistant Clerk Harry F. Lyons said after Tunneys answer had been filed.
 Both issues, the demand for an in' junction by Tunney and the request for damages by Mrs. King. will bt tried together, Lyons added. | HARMONY QUARRY OUTING Tho annual Harmony Quarry out.