The Washington times., 1929-06-24
'H0LD-UP,' SAYS
GENE TUNNEY
Of SUIT
(continued from First Page)

NNSAANN@~-~~
of said contest and occasion loss
to said corporation and to said Tun.
ney ana disturb said TunIey in the
course of his training, further
sum of money should be paid to
the plaintiff" the cross complaint
stated.
Publicity Arranged
The defendant called upon the
court to enjoin Miss Fogarty from
prosecuting her action and to have
her restrained from bringing any
other action in the future. asserting
that her signed releases having
formed - perpetual bar" to such
litigation.
'The defendant, upon defeating
Heeney in the boxing contest on
July 26, 1928, retired az the undes
feated champion from the activity
of professional boxing" the legal
answer continued, "and the>reasons
which were persuasive to him and
his advisers with respect to the
threats and claims of the plaintiff
no longer exist and the defendant
has refused and will continue to re-
fuse to pay any further sums Of
money or cause or permit the same
to be paid to the plaintiff In re.
sponse to her extortionate demands,
and by this cross complaint and the
relief prayed for, seeks the relief
prayed for, without which he win
suffer irreparable injury for which
he has no adequate remedy at law"
Defense counsel declared that be-
fore the writ of attachment on
Tunes property in Connecticut
has been served, the plaintiff or
her agents had arranged for pub
licity to be given to ''her ground
less claims"
Trial Date Unset
The acts Of the plaintiff were
referred to by counsel as part of
continuous course of conduct
calculated to obtain money by
means Of unlawful and improper
practices"
Tunney's counsel said that he was
unaware of when the trial would be
called nor when Tunney would re-
turn from Europe. The ex-heavy-
weight champion Is with his bride,
the former Polly Lauder, In Italy.
Mrs. Tunney, Connecticut heiress,
Is recovering from q serious ap-
pendicitis operation.
The first sum Of money paid Miss
Fogarty was before Tunney's second
fistic battle with Jack Dempsey.
Although the claims Of the plain.
tiff were without foundation or
justification, 1t was deemed good
business judgment that the plain
tiff should be paid q sum Of money
to avoid loss to said corporation
(the Tex Rickard Sporting Club, Incl
and to Tunney, whereupon, for such
consideration, the plaintiff executed
and delivered the general release, !"
the answer asserted.
New Claims Made
Following the victory of Tunney
over Dempsey in Chicago on Septem.
ber %, 1927, in which "was realized
the largest gate receipts that any
boxing contest had ever produced,
Of which plaintiff well knew" the
plaintiff again made money demands
upon Tunney, the document further
declared.
One exhibit containing the alleged
deposition Of Miss Fogarty on July
"a, 1928, reads. in part:
81 made the acquaintance of John
James Gene Tunney in Hot Springs
in October, 1924. Our relations at
all times were such as, in no way,
to cast the slightest criticism or dis
credit upon him.
Il have no claim upon him Of any
kind and never did have. I had
hoped to continue to enjoy his
friendship, but that does not seem
any longer possible for either OF US.
-"I wish to make this solemn
declaration under oath, that may be
published at any time, that he is
under no obligation whatsoever to
me ana never was, and that his
character and conduct, to my knowl.
edge, are of the best"