.,.'.s...... ....n.s...ihv... .. . .
. ed materi
205.46. on account or which he had been’
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-
rgnnlzition in Isttvl
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
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
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.
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
payments, and admitted writing a lat-
ter on October 7, 191:, which read in
"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
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
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
"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
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
irom en lrish mother. t, a
Justice Erlanser, “la the nicest thing I
have heard you say since you came on
tor the deisnce Mr. carclen. Count
(are or his reluaal to renew a note thout
to tail due, tint he had at tten A letter
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
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
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
Trust COWDHHY then?" "I CENT t
"iron paid money to tile. Gallagher out
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
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.
"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
"What was Your object in pushing
them through?" "I did it for my own
"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
a naked you to
“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.
“Yon never received each a receipt?"
“Yon don't know! how much or that
87,900 they ever gotz" - '41."
“And you don't lrnow who they were?”
when air. Burke, County President
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
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,
Hibernian: out or
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
other trustees or the Building Asso-
ciation having heen examined 2
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-
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 ‘ - ‘
"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
Asked to account tor the balance he
to KDG Order With
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
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
Honor said that it you were in my
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
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-
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
as anecldc enough, Ind
e was at Ill mee wil-
ing to arbitrate the question or the
i>. J. lilcNulty was recalled by the de-
fence to testity u to the “obligation: oi
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.
from the building to the Board of Trus-
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
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
D the com
round (or all lrishlnen-the National
event has done so much to guerentee
the inture peace and Iecurlty ol ire-
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
Joan coat. G cavenrllrh row,
UA RA1Homilr.i.t, (0 Herbert
' ‘ Hon. T
Eollv MACNHLL, 17
y 'n rnnd, Smith. nnhlin.
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
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
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;
Rev. M. Vandeieur, Mlliliidez - M0-
Carthyy Tniee; P. J. Fanning, Gorey,
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-
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.
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.
- 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. ,. ,.
. 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 ,'
be conterenee then
G d all til
Are You Going to lrelanti?
or any part of Europe this yenrt 1
It will Iirld l
25o ill. 90TH ST., cor. second Ave. NY
in to b ' ' ‘
a convenient p to
able in all parts o
vr phone ior inlormatioll.
oolr at on
e open evenings. Dre "
Fire insurance Broker. Cnlnmlslinner
lleland’s New Weapon.
Have you seen the new
“TllE llllSll VOLUNlEEil
record or the l'Ji'epni‘:tti0ns
it is u weellv
organizing ind equipping at tho
Your home county and
preparing for t
order now and
it will catch the next
The Manager IRrsH VOLUNTEEII,‘ .
5 Middle Aiihe
M. ‘A. O’Conn0r,
General Job Printer,
Will Move May isi, 1914,
To Larger Quarters at
52 DUANE STREET.
’ MISSING FRIENDS.
ent whereabouts or .1
I7! tilt: lifts
whose trade has neon that or earner
ter and a null
ins h m.
tor any iniormntlon re
INFORAIATION <WANTED-vol Pierce
Island about iorty years
his on w
Skehnnt Ktlociillrn, Drnntlin. Count)‘
orderetmrn John P. conaian
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.
Vera. liottec trite-eby rm-I '==
elairna II'IlnuIDI -M "
WHO CAN HELP ADRIIRING STYLE
This may be all right to e csrlain W
tent. but when it co
bottled beverages. yo
you place your order with
Ale and Sarsap
what you desire la is
You take no chance
And other surbounted IieVe1’“!“'
JOHN E‘. HUGHES.
146-! WEST THIRTY-FIRST
Tnnnon: 2521 Ilildld
on Sdulf‘ .