Villanova Digital Library - The Gaelic American - Vol. XI, No. 22, May 30, 1914, Whole Number 559. :: Digital Library@Villanova University

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Full Title	The Gaelic American - Vol. XI, No. 22, May 30, 1914, Whole Number 559.
Contributor	O'Reilly, Michael.
Date Added	27 February 2014
Format	Newspaper
Language	English Irish
Publish Date	1914-05-30
Publisher	New York [N.Y.] : Gaelic American Pub. Co.
Source	Joseph McGarrity Newspaper Collection
Topic	Irish Americans > Newspapers.
About	More Details Permanent Link
Disclaimers	Disclaimer of Liability Disclaimer of Endorsement

OCR i i E .,.'.s...... ....n.s...ihv... .. . . . ed materi 205.46. on account or which he had been’ rx 2 Chesfgaetlc Cimeniccm. TANGLED A D H. FINANCE. Lawsuit Reveals Bankrupt Condi- tion of the Order in New York County Tllrollgh Glunlsily Mun- ilged Building Speculation, of Which No‘ To ccounte Were. Kept-Notes Went to Protest and “Brokerage Cour missions" Wore Paid Through One Man Who Sword He Threw Hi: Check Stnils Away and Gzlve No Receipts-Funds Due National Board and All Other Moneys Stink in the Erection of a Tlieiltl-e-Judge Rebuke: the Li ganta. ’ - A lawsuit 0! great. interest to Hihe-re nlnna throughout the country was ho o more Justice Er- ountr President. rgnnlzition in Isttvl D The hull was instituted by Patrick Gallagher to ioreclose nic's lien tor 3:z.s2a.:iz. Islinst the Ancient or- der at Hibernian: or New York county and its theatre at llsth street and Plan avenue. 'nder a contract det 1, 1911. the plalntiii w here re- ceived :lia.s1i. tor the erection oi the ilonetnlnrris Theatre, but on October ii. 1912. no ceased worlrln us. he alleged. to the order having detaulted in the payments duo to him under eaid E . I met-he ll‘AI:L ' For the completion or the nodnished worlr the plalntid allowed a deduction r t e contract price or $14,604.54. Alter ceasing work, he Ivan he med on other to the detendants to complete the worlt ter the gave him a bond t when the as have perrormed worlr and xurnls - reaaonshly worth $124.‘ bald 351.400. l-le hllo claimed to have exlra work. and that the balance due on all worlr was $32,525.32. with intetesl. For three days the plalnllh was on the aund testify at. Ind much I) his judgment Ininat him besides for about 33.000. w hurl paid to others to tlnlsn the 5 payments, and admitted writing a lat- ter on October 7, 191:, which read in part‘ "At the request or the Board or Trus- tees i write to any it the society in not in iinanelnl condition to meet the notes provided tor as part payment of 2nd. 3rd. Ind iih pay-ments ct contract. I will arrange to have them renewed rer 1,2 or 3 months." This letter was writ- ten, he said, not at the suggestion or the Board or Trustees, but at the aupmtien October 3. loll. with rzsliect to h in; 1 band for the cnnlrlclv Flaintlff replied. “oh. yea: licxuity-w" Viheu the answer In cut by he excitedly declared "You never can get can explain. The e ru Proceeding he said that Moe Aulty introduced the question or t a He recoilected that at the signed the contract the trustees did not do no. but that was not because there wu Iny question about a guaran- tee that he would renew the noted. but ...4n one the secretary ees. not lruz.“ asked coixnml. “that the nlernben oi the Board or Trustees told you that night that the yeason they did not want to sign it t on was that they would not sign it till you had writ ten the lctler guaranteeing to renew the notes?” -'.x'p." "And it every one or the trustees said Iriht was the reason you would still say not true?" "I care," de- rlarrd the plalhtll-1 with vehemenc it the Pope at Rome same over and were it. it would be a lie. it it a mounted tured story.“ The one llnvlni been again but by the court he protested. "I am here alone a they will all swear that. They never aald a word about it. That is . e l I urn alone. 1 nd come "Del-l‘t you recollect that you said ihlt nilht they I'l92I‘ln't worry nhout not bein able to meet the notes. that you mould put them in your rarer’ queried a suspended by the Nay n’ counsel. “1‘hnt is another mlstalre. That in bioNulty's ‘trameup- again. That is a lie on the race of it." "Don't you remember at that meeting. alter the bond ouastlon bed bern dine clliued. that member. or the board raid that while you might be entirely will. with your eracnrorri" “That is nbso lutely lnlse," Continuing Dinlllliti null! [here Wu liolhinl Ibout the letter at lull meal- ios. but ilcxuity tnreshadowed his he misc tn Iecure h The cunlncl. he iniormed counsel, was signed "all over the town." The cl-osseexalzlinatlon WM continued on detail] nl tho construction Work. Pressed Is (0 whether he hid made an ucrurnta statement of the Vliue 0! work w n had been pertormed by his nub contractors for home hundreds or dollars less tnon he claimed. nlalntl indignant daelarlor. irom en lrish mother. t, a Justice Erlanser, “la the nicest thing I have heard you say since you came on the Itand.' tor the deisnce Mr. carclen. Count the beard (are or his reluaal to renew a note thout to tail due, tint he had at tten A letter r e s o and that he had enough or the order-a paper. he (Mr. carolnai believed that n loan or :c5.ooo prior to t g or the contract by Mr. Gallagher. out or that amount there as a payment or tlmooii tor commie slnn Ind incidenteia. The or er no other lands whatsoever at-that time. Mr. Gallagher replied Lh hIvI to get that inrol-motion ti-om banker. and Iddud that it he did not have the note by 5 o'clock that evening it uld be or no use to him. Witneea 5 told ‘him that would be impossible II he i ate :1 Id in . subsequently Mr.’ Curolun teatlned into the Grand Centrll he accidentally met lilr. cnllngner, He ndered him the note‘, which he rcrnsed to accept, saying he wu for an iodine in I‘l:llBh he lrnnnlnted Duals ness. .Vir. Gallagher Went QWIY Ind (‘HG not return unlll Iftttr the [min hld rullon due and been protested. he settling the Dtiiment at I note ialiinl due in July. 1 12, limes: IIld til: rea- son it was not paid WIS hecnusa Gal- lagher had agreed to renew the note until suc as a,permanent loan . Klmher of counsel for Gallagher, as to why when Gallagher demanded payment on this to he had not refuted the allegation that the note was not then due inasmuch I Iliesed, Permanent loan was available. Witness re ed, "i had no authority to do that?" at balance hltd you in hands in as unael. "1 can't say." replied the witness. - “How much had you in the liiutnal Trust COWDHHY then?" "I CENT t "iron paid money to tile. Gallagher out n e o 5 o ':i :- I9 = F was a (rust rund. They wouldn't have any right to use that money. They could not use it with. out the aims at or all the roemherr." lur. Kilnlter-‘But they dill." The Court-"Small amounts, tza and or I Aake Mr. Kimbtir how be bad dllholecl of the 3ii).O00 which ha had testified had been paid out for commie- nn I ncidentail, Witness replied. “I paid the mmmlssion through Mr. Mcxu . "How did you pay iti check.‘ "Have you got the checlri" "Yes, but i haven't got it with me. ' “To whore order w “To Mc.Vulty'I I transferred it tram the Mutual Trust company to the Filth Avenue Banlrlng Co "Tlien you did mingle the mode or one banlr with the other?" "Just passed them through." "What was Your object in pushing them through?" "I did it for my own protection" "Did 2ilcNultY give you a receipt?" "1 had the nuncellad check." "Dirl you lrnow anyone ecting for the other side except Mr. McNIilty?" "Ne." "Did yn.l pay Mr. liicxnlty for repre renting the order 51,900!" "No “You i7aid‘i'lln1 tor hrnlrersge. . paid him the brolrerago tees." "Why didn't you hey it to the hrolrers they ever make a demand it written?“ a naked you to Yes." - “You did not think it necessary to protect the Order, and yourselr as In otlloer of that order. to receiva a receipt directly from the man who was inter. ed!" "No." “Yon never received each a receipt?" ..,‘.n,. . “Yon don't know! how much or that 87,900 they ever gotz" - '41." “And you don't lrnow who they were?” ..5.a... , when air. Burke, County President 3 or the Ancient order or Hibernian- at that time. teetilled that gave plalntllx c renew l note and lilo- Sully’! chat-lr tor the interest due. Gal- lagher excitedly branded the Ilatement all a lie. continuing witness said that he was at the meeting at which cal. leener declared that hll letter or Do to not worth the PEPSI‘ upon which it was written. ilr. Eugene Flood testllled to the ac dint-ovsrad. while in court. was not eer- rect. lie iurthor tostliled that Gellugh. or had reiused to renew the notes. say- ing that he had enough or the orders paper. Mr. oak. a brelrer. having beatiiled thIt ho negotiated the loan. said he received commission amounting to 34,750. out or which he paid his expenses.‘ crossexamlned by Mr. Kllllbar. "Did you pay an)’ corn pcnsaxlon to thy o Anrierit order or that 54.7507" "No." . Thomas Kelly. a member or the Board or Truatzu. and new county President, at this Hibernian: out or in; the nntra. DB rose-examination he said that the New York l-llbernlsoa had been cut on trom tbs National order owing to their iallnrs to pay the anilin- on lees, were unable to do. owing to the not that they had not unda. other trustees or the Building Asso- ciation having heen examined 2 9 e . .liIt> He teetined that he . I'll once A trustee of the Order’. but Iitlca 1907 has not held ohins liavlng given rlmllar evidence to that. or the attention Wnl di- missions. the county Treasurer, out at which he held the brokers. retaining the balance which he subsequently returned to pay interest He held the broker $6,550. in reply to Mr. Klmber he stated that t or illness he was not now actively engaged in business... He real estate broker but had no olnce since 19 ‘ - ‘ o :1 or. , "Why." asked Mr. Klmber,' la‘ carolan pay the commission direct to the broker?" “He probably‘ thought he couldn't make as good a bargain as i could it ' "Then you didn't irltlite any Irrunge- mcnt with the broker as to the amount or brokerage you would have to pay!" "They were entitled to t7.iloo." "Then you did not p t amount to which they were entitled?" '‘I paid them what thcy were satished ltn '- Asked to account tor the balance he to KDG Order With a Aslted to produce the check boolr from which he drew the chnelr which he gave to carolan. he handed ilr. Kilxlher a check book in which were some checks portly drawn. but not signed and hears inl; date 1214. He produced this. he said, to explain his system. a sued in tow checks that he did not trouble ruling in the stubs, trusting to the can celled checlrs to ‘keep his accounts. When a book was used up he threw it way. "Did the order ever reimburse you for the checlra you any you draw.’ "I think i might have got one check back, i am not sure or that." "DD FD“ KEG]? M17 charlie which you receive!" The case tor the deience nae re ttlng evidence was account of the up‘ vv .'o. having eord. is h been in the place or Mr. Earl)’, attorney tor the delrndaot corporation. this liti- gation never would have s e it w inl a use where one part have in; got the worst or the bargain, could have arbltraled the issuer to adv-an ge. here w he plainly sew, great ill- teellng on both sides. Mr. shearn said the deiendania did not institute proceedings. “They should never." uld his Honor, 4- a chance r. as Honor said that it you were in my IhoesT" His Honor-"And i any it again. it t hurl been in your shoe: I should never have allowed this litigation." that he had ad- vleed against the lawsuit. but we: belle ed in his effurta to buys the Elle settled by arbitration by the plnlntllra ratnanl s hrst mane. His Honors Itatement would result in having it three t ”Earl! was responsible tor the litigation." ills Honor eaid he ’dld not believe In.“Dne would put that construction on He war not deciding the when aourt resumed on luonday last witnsov were called by both sides to teltily u to the origin or three drett agreement; i?’ which have air. oaliagber work or building the theatre. o drawn by the President of the nut: Avenue Amusement comps and by Mr. c. .1. Early. attorney tor the detendnnu. Ind the third by Mr. Gal- lagher. , The deience sought to show that the nlnintirr had never expressed his will- ingness to arbitrate the causation or the penalty accrued in the lessees as e re- sult oi the non-completion of the build- nil in the molded time. The pialnud contended that the agreement which he hlch rpel.-locally net dilvltle. as anecldc enough, Ind e was at Ill mee wil- ing to arbitrate the question or the peneity. i>. J. lilcNulty was recalled by the de- fence to testity u to the “obligation: oi is d a long statement was put in evidence. Crouyexutnlned by Klmher (mune atltute. This proiect never materialized and the money, he an . ad to be aid buclr tn.the subscribers; theretore, be regarded it an an obligation. “You have an item,” questioned ilr. Kimber. from the building to the Board of Trus- teen.” Burke wan It one time county Vice- rresldent and then became county Prieident. Mcxuity did not describe minutely the work hl Deriormtld (or the sl,oao paid him in "bringing inldrmr tlnn rrorn the building to the hoard oi Trustees This concluded the case and his tionor ifixed June 16 tor the exchange or nrleia. el ! . we-Om '7 ‘VOLUNTEERS ASK AID. Provisional Committee Issued Ap- ' peal for Funds to Arm and w .Eqlllp.tlI8 Force. . ;The ‘tollowing appeal rrom the Pro- vialnnal committee of the Irish Nation- Il Volunteers appeared in the Irish daily papers of ay 14: F‘ellow-countrynJel.l- l ‘ The Irish volunteers are no longer a mere proposal; they‘ are a living and robust reality. Their tail to Irma has been answered in every land. Young lrlshmnn have every-vrhere liild aside their dlnarent-eh B toghthni‘ E D the com round (or all lrishlnen-the National event has done so much to guerentee the inture peace and Iecurlty ol ire- land. v so law‘. no substantial portion of the expenditure involved tin been borne by the public at ldrge. ruling, organis- ins and secretarial expenses have been paid. anti will continue to he paid. by the volunteers themselves. -5 t the material equipment or the larce will in- volve an expenditure lar too heavy to be met with in that we . The volunteers are the nucleus or a permanent deience iorce or a National Arm They will be an arm and u may session or the whole nation. the of its detence, and the necessary guar- dian or its liberties both now and here I . . it ever thzrewaa e wcrlr which. trom its magnitude and its incomparable na- tlnnal importance, warranted a natio in making serious ilnancisl at.-riders, and in providing large and emu oontribntlena, the equipment or the lrish volunteers is that work. oueands or worlrlngmen are making every weelr aunrillcss, not only or time, but or money. that are a bright example (or those or their countrymen who are in easier elrrnmetanres. we apbeei. then. lo every irlshmao who believe in e seltrespettlng. sell. reliant lreland to do tile part in ping the hrst Naticnol Amt] ct helenee established in lreland since the great days or are an. signed on hennlt oi the provisional Committee. Joan coat. G cavenrllrh row, Dubli . UA RA1Homilr.i.t, (0 Herbert Plrkl Dublin. ' ‘ Hon. T Eollv MACNHLL, 17 Dublin; J. K! rensnrers. Herbert Perk Laexsscs t. y 'n rnnd, Smith. nnhlin. lien. Secretnriu. 1...: GERMAN DAY IN NEWARK. NEWARK. N. .1.. May 25,1-lie cele bration known I.s Got my. which will be held in oiympie part will be the his local event or the coming weelr. end. instead or one day's celebration there will be two days or rncrrylnelring 4', 31 Ind Jun: I. in charge or the in d invitation: to lrllh organizations and prominent lrlll: citi- nos 0! Newark, In indication of thl good reeling Dermnn Inn lrish relidentl at thtl Dart ol (til Strata at New Jane]. The celenntion will be under the ant- plcee or the cernian.American central Alliance. ..:.....% Manllscrlnu intended for publication the weelr they hrs received by the editor should reach The GAr:l.lo Axzlicltx ni- llcs not later than Tueldny morning and urlier thln (hut Limo ii Whihle. TO MEET ORANGE LEADERS. Sinn Fein Conference Protests Against Exclusion of Any Part of Ulster and Names Committee to Confer With Ulsterlnen-- Arthur Grlmll Proposes That Irish Parliament Shltil Sit Al- turnaiely in Dublin and Belfast A conference Driiinized b! the Sinn trty wn held lo.tbe notnndn n ert 28. to protest against the proposal to tempor- Iril] exclude Northeast Ulster (mm the control or In lrish parliament. Alder- man Thomas Kelly. who Presided, rend letter: at apology in support or the air lset or the meeting from Mr. F. .1. his- ger, laeltest; Rev. Eugene liicxennn. l>.l=.. v.a.. carrielrmanross; P. owlslley. Oiigliterlr F. J. rleaiy. county Coun- cillor. Queenetown: is, O'Neill, Klnrale; 9; . .. Rev. M. Vandeieur, Mlliliidez - M0- Carthyy Tniee; P. J. Fanning, Gorey, and others. Alderman Kelly said that that Con- gress was t a, result or a resolution Dlseed at I cenierence of Nationalists in Harcourt. street some weeks IEO. The resolution VII sent to Ill the 9 board: in lrellnrl, Ind though they knew the sort of rendmion that would he Elven to it by Iolne, yet they did not untlcl> Date the lmount oz support it had actu- ally received. No mutter where it was Illlt upon. lnhrlied "rehd.“ or burned, there were always one or two them who entered their pretest and supported thl resolution. T at s owe t at they were not Ill machines. and that there were representative men in the country honest enough to express their opinion at I time of crisis and when their coun- tr was in danger. bout twenty’ boards Passed it and elected delegates. Nltlonul irelnnd could not Isree to en throne in the it Ireland a sepa- me people and a separate entity in the country. Ind it was only o rsoeot alavcs that could limit w a any lart or sym- path! on their repres ntatlves in West minster accepting iiuch a proposal. Rev. J. K i=., nallyhn. proposed a relollltion protesting against Iny pro- er 1'. strong email on the A. 0. H, Ind crltlv cited the lrish Party. and his were opcallnnally interrupted by cells to the chairman to connne the speaker to the ancient or the rcso ut a. Mr. coigrnve. T, o. saconded the mo r. wllllnm Carroll, county ‘lippernry, and Ida t . . ,. Mr. Arthur Gridlth told that the pol. icy or great empires had always "Divide and conquer." and i excluded and‘ lrish Parliament. . a tar, as hrr weapon to divide the Irish wanted more than auytbin else was the realization or the tact that the basis DI Eli ii sitting. or the lrish Parliament in Dub. a lid an their Itceplance. - P- 1‘. Barry. Cork. ilectinded the mo e w s tad ‘lurmhliy move. it is E csraon wanted to to the English out or lreland they would give him a hand. ‘ -' Referring to Mr. Grlnlth'I proposals. the chairman said hciilnrl very little one or any Dmposall being entertainer at present. I . Mr. Colgrave. 'I‘.C.. opposed the pro panel that the elttlngr or the lrish l=ar. llement he held D..,,,,,, Nd . exclusion 91 this proposal. ,. ,. '3“I:B;llY=g'D‘:’lY-GC:r!grIve’a motion . n . r. r intir were ado ted. ' “"90"!” The chairman aid that the next slap was to term a committee for the pu nose or taking the proposal. lug them boldly betore the Ulster‘ pen " ‘ a he or lrlrh men Ind women who and um, raid a hard word Ibout the tllater men Tb lowing were mm ,8 ' Melarl. F. .l. Biuer. Ecirait: Arthur arlrhth. the chairman. . Cosgnve T.C.: J. R. Eichlngbnm, 5;, Row cm; meat. 1'. Barry. Cork; .r. Miirny p y Flnillng. and John Mcnermot' .;...; power to add to their name ,' T concluded. to. be conterenee then ,.,, '1 ‘Good Good Even G d all til M Filing’ r- Are You Going to lrelanti? or any part of Europe this yenrt 1 It will Iirld l P. McKENNA’s UPTDWN STEAMSHIP OFFICE 25o ill. 90TH ST., cor. second Ave. NY in to b ' ' ‘ a convenient p to rates. Oillc able in all parts o vr phone ior inlormatioll. oolr at on e open evenings. Dre " Lenox also Fire insurance Broker. Cnlnmlslinner or needs. . lleland’s New Weapon. Have you seen the new “TllE llllSll VOLUNlEEil (tilt is lnnd I record or the l'Ji'epni‘:tti0ns the rilllng-training lrish ape.- H in it is u weellv being media -arming - - d organizing ind equipping at tho lRiSHARMYof FREEDOM. Your home county and preparing for t mntlla. order now and liner. Address i it will catch the next to- lllal ibur The Manager IRrsH VOLUNTEEII,‘ . 5 Middle Aiihe Y Street. Dublin. Ireland. M. ‘A. O’Conn0r, General Job Printer, Will Move May isi, 1914, To Larger Quarters at 52 DUANE STREET. ’ MISSING FRIENDS. INFORMATION ‘VANTED ent whereabouts or .1 I7! tilt: lifts emes Quint whose trade has neon that or earner ter and a null months ago. PHELAN, of feel thankful ins h m. Emil)’; TiDFl8i‘ai‘y', tor any iniormntlon re INFORAIATION <WANTED-vol Pierce Island about iorty years his on w . ames. communicate wit ago. was forlnelll Skehnnt Ktlociillrn, Drnntlin. Count)‘ Tipperary. Ireland. LEGAL NOTIU tmlmwrx, mvlo orderetmrn John P. conaian n aw w. or truer. In the Indore rn. its any or low. near. Dnlad. new iinrlr. ah. It-tn day at , . s. staa Icon 6. horn. neurons tar Exoentu. i i Vera. liottec trite-eby rm-I '== elairna II'IlnuIDI -M " ow he . s.:.:.‘.= d Novarlhsr. I113 more an. " air"-or-e mliariil WHO CAN HELP ADRIIRING STYLE AND l3l<:AuTit' ' This may be all right to e csrlain W tent. but when it co bottled beverages. yo Iolute niirlty. you place your order with Seltzer. .Vichy. Ale and Sarsap “ b what you desire la is You take no chance us for Ginger arllla. And other surbounted IieVe1’“!“' JOHN E‘. HUGHES. 146-! WEST THIRTY-FIRST .Y. TY. Tnnnon: 2521 Ilildld srluilflv on Sdulf‘ . I l l I I I I r E‘r.’..’i:<a?Es.:!.5:‘E.S'..?.;'t:‘;:3:-:.:e;-in:-.:::a ':‘.::-=nn=-1--

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