The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-04-30
JUDGE WESTBROOK'S ACTS,
ALL THE CHARGES AGALNST HIM PUT
INTO ONE QUESTION.
A Refusal to Say who Wrote the Articles on
which the Inquiry IL Based-rour Lawyers
Questioning Ono Attorney-A Summary OF
Yesterdny's Long Session of Seven Hours.

Yosterdny's Long Session of Seven Hours.
The only members of the bulky Judiciary
Committee OF the Assembly inquiring into the
acts Of Justice Theodore r. Westbrook andex
Attorney General Hamilton Ward who were
not present when Chairman Poucher called the
roll. in parlor OF the St James Hotel. yester
day morning. were Assemblymen McCleand
and Chaplin. 1t was explained by Assemblyman
Morrison who was among the first to come. that
one absent was Chairman OF a special commit
tee on receiverships and the other was acting
Chairman Of a subcommittee on parade
grounds and it was added that Assembyman
Moses OF Allegany had said that the present
Assembly is investigating everything from
spelling book to a Biblo class"
The lawyers we're prompt. and. after shaking
hands around the ROOM eli settled down in
chairs surrounding the seat reserved for wit
nesses. Mr.. Stetson sat by the side Of Mr.. AL
bertus Perry. who despite his grave face has
endless witty sayings attributed to him. En-
Senator Hamilton Harris and ex-First Deputy
Attorney General Ruggles sat side by side. OPP
opsts where Henry Lowenthal. city editor Of
the Times broke the legal circle long enough to
enter 1t. and then saw it close around him. He
produced scrap book containing the articles
published about the suits OF the elevated rail
roads with which Judge Westbrook and Mr..
Ward were concerned. These articles were
dated during period between Dec.
AZ 1881 and April 3T1ousb 1852 a0es This 6i
t Iessrs. Stetsoa and Perry on one side.
on at the r and Messrs. Ruggies and Har-
ris who said that they never could be evidence
in the case MI steison the battle on the
committee, and to be- used for references and
identification. Chairman poucher, who had
yers wrestled, decided that the facts can be
spread upon the records with the same force
snh hs as thsy of T
evidence. and all charges or statements in them
must be substantiated by proof
Theodore Roosevelt, who introduced the reso-
luton empowering the committed TO act en-
tered the parlor and sat down by Mr. Stetson.
He seemed as young man as the handsome
Assemblyman from Putnam. MIR. Stetson then
put question to Mr.; Lowenthal which is said
TO have been longer than any question ever put
in judicial proceeding. il contained all the
statements OF importance in nine columns Of
forms the basis for the present inquiry. asking
L this was the substanGe OF the accusations
The question threT Mr. EvdTss Longest
the lawyer steadily while the hands of tho
hotel clock moved past several minutes. Mr..
afterward added ' other details from n his mem.
DRY IN such volume th at NST s Harris
as the, eomplaint" and to the witnesss an,
swer as the supplemental complaint"
Mr.. Harris next took the witness in hand.
waited railroad litigations from special reports
Rapid Transit Comm ission afforded the lawyer
endenvored to show that the ,t Tires had edi
the. statements in the news columns infer;
entially condemned. The ex Senator next
sought to show that the witness did not know
the people criticised in the subject matter and
next obtained, MIR. Lowenthals refusal to say
who wrote the articles. He continued:
Q.-was any money paid for those articles' A-Thcrs
". Hsrri..Th.rs all There's on. question; sgemi.
eles. submit that without argument would like an
tangle of argument. Chairman Poucher and
counsel for the accused thought the witness
ought to answer. while counsel for the commit
tee thought that AS the newspaper articles were
not in evidence he need not say who wrote
them. The witness. who held that there was a
who said that the Itnes was responsible. and
that he was willing to give the authority Tor
every statement. plumply refused TO comply
with Senator Harris's request. Finally. the
Chairman said he thought it 4 question whether
the COMMITTEES was called upon to exercise its
In refusing, it might be put upon the record.
With this the proceedngs reached omen y, n
Mr. Rucgles asked anybody in the committee
or elsewhere to tell him when the indictment,
meaning the newspaper statements ended,
',
thals personal deliyerances. began, he called
the newspaper articles stuff" Mr.. Stetson
on behalf OF Judge Westbrook produced testi-
mony. and intmatcd that Mr.. RuggIes was
discreet in not having obtained any OF it in be-
II am satisfied to leave the testimony as it
stands" said the ex-senator oratorlcally.
and proved the charges, SO far as Judge Vest
brock Is concerned entirely futile" wo..
brook John Bryan. j. W. Rhodes. Gen. Swaync
and ex-Judge Dillon were present at the
opennS of the b2 tbSss w44
on the table. Chairman Poucher was seekins
from Assemblyman Morrison. who favored
Fritz as against Mr., Poucher's inclination
tehsrd wv %hSn ME H
L. Deyo OF the law firm Of Dorsheimer Bacon
a Deyo. Mr.. Deyo said that Mr., Bacon. whc
was now in Europe He told Of the various
suits his firm had managed for the New York
Metropolitan and Manhattan companies since
in the big ledger that he and two assistants
thumbed over, the PAGES Of the ledger were put
In evidence. These were the material pontF
in his testimony;
know tina. clerk nsmsd DHuss' IN or Once wa. i
disckaging The receivers The rosis were not turne'
that MIR Douglas Sent from Albany after me oie
the view YORK Elevated Company regain possession
its road set down for Oct -, changed IN oct II
because informed that an oral argument Won
Aot be required We in haste because We wautt,
get the before the next General Term II defeated
Mr.. Stetson-Then. during this week. between me az
Eunent and the day after the dccsIOn was rendered
there entire change "f the attitude ~ YoIT CON
pAnyt Ave were IN haste lNoause of our r.sn"ns
bility lawyers, and aiterward we understood ter
had been change in the agreement between the CON
eommunic ated with Kingston and learned where tn
Judge WAS The Of the word kingston and SUI
stitution Of the word Monticello u certainly not in ~
handwriting any one IN our office, TANK he ord"
was entered in Albany the 18th and II OIL the r.
eept Of a telegram from there that the property Wa
Mr. Ste tson-If YOU should md that the property
turned Oct rs would YOU not doubt the hccurhc
Of your memory Al should.
In regard TO the same proceedings, which
though the New York Elevated Company haC
declared its property in Imminent danger, Were
not decided until October. though they wer'
begun in July. the witness said
judge westbrook was ALWAYS complaining that prpe-
were lacking TO make the Application complete ! Mel
to Kingston consent 10 hearing cert AlN at'
aud tho Judge said That certain papers ~ the origin
motion were still lacking and said II wasHot our tHUl'
II any Dolys it WAS Alexander Grecu's Ic sR.d o.
wish you'd hurry up. II yea are in such haste WIZ a.
YOU not get tile papers before me- ~" utf aiy con
mi .neut OF fact he preparing To preface s oi
ION THIS oLiuun-I don't know whether II "a' III
sur, ia he showed mr-was read by h" IN FnW~ Anr
oIa Ii, ctnT. room in the Western luol building.
dom know what name WAS on the door NJ bould
name " on n door, but ! don't know NheiNcr n w