The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE
THAT'S TIKI FEELING NOW AT
THE CAPITAL.
Doubt Expressed That Two.thrds OF the
Legislators VIII Vote for His Re-
moyal-Hls Plea OF Not Guilty Taken
and the Trial BeEun-Rules Adopted.

LEGISLATORS VIII Vote Tor Ills NC"
moy.,-HIs Plea OF Not Guilty Taken
and the Trial BeEun Rules Adopted.
A,e.yy, July lo.-The hearing before the
,oris,ature on the charges originally pre-
cared by Bar associations against Supreme
ronrt Justice Warren s. Hooker will begin
,o-rorrow morning. To-day's session was
doyoted ia the adoption of rules OF proce-
dure n govern the conduct OF the hearing
and the reading OF the answer Of Justice
Hooker to the charges against him.
When the Legislature met IN extraordi-
NARY session on June 81 It was the common
,nnion that a resolution for the removal OF
Justice Hooker could not be passed. owing
~ the expected failure to get two-thirds OF
the members Of the two houses to vote FOR
I, When the Legislature again met on
luna os the sentiment among the members
aoar,ed to have shifted, and 1t was generally
conceded that the Legislature would pass
,osoluton of removal. To-day this senti-
mani seemed to have vanished, and it was
onnorent that Justice Hooker's friends IN
rho legislature, from Speaker Nixon down;
hone that the situation will so shape itself
that a resolution OF removal will fail OF
massage, with the burden OF responsibility
falling on no one in particular.
A friend Of Justice Hooker. in discussing
the situation tonight, said: There are
quite a number OF lawyers In the Legislature
who say that, while they think Justice
Hooker has no right to sit on the bench.
they dislike to vote for his removal on
the ground that it will establish a precedent
that some day may do considerable harm
Justice Hooker's answer to the charges
formulated against him is considered az
Indicative of the hopes he and his counsel
have that the Legislature will fail to remove
him. In this answer Justice Hooker not
only questions the jurisdiction Of the Legis-
ature to act on the charges presented under
the section OF the constitution upon which
It is proposed to remove him, but makes
general denial Of all OF the charges.
Each house was called to meet at ~
o'clock to separately consider the rules OF
procedure. They were to meet in joint
session at I O'Clock. The confederation OF
the rules of procedure had taken so much
time that it was not until after 1 O'Clock
that the Senators marched into the As
sen,bly chamber and took seats In the we'll.
There was no sign about the Capitol Of JUS
tice Hooker or Of his counsel. This had
caused considerable comment, for there were
MANY rumors floating about that the accused
Justice had rendered his resignation TO the
Governor.
At 80 o'clock Lieut.. Gov. Lynn Bruce
directed the Senate clerk to call tho name
Of Justice Hooker. The clerk called: war
al al
this was very marked. Every member
sat with ears wide open to catch the answer
TO the summons to appear before the bar OF
the Legislature. There was no response.
and members looked at one another In
smazement
.Has he decided to defaultf' they asked.
warren B. Hooker" called the clerk
again, and again no response.
The clerk will note on the journal the
default to answer directed the Lieutenant-
Governor.
Sneaker Nixon looked about In surprise.
It was plain that he knew nothing about
this strange procedure. But Senator
Bracket arose and said:
Il think 1t will be wise before noting the
default to get into communication with
his counsel to ascertain II the default is
Intentional or not. I don't want to have
TO take part in debate to open the de-
fault"
A messenger went to the telephone and
called up the Hotel Ten Eyck. The mes
sage he brought back was that neither
Justice Hooker nor any Of his attorneys
was at the hotel. Five minutes after the
name had been called and no response had
been received former Supreme Court Justice
W. W. Goodrich Of Brooklyn was espied in
the chamber, looking as II he had hurried.
He was asked where his client was and no
said that the Justice and his counsel were
on their way to the Capitol, having been
delayed. The friends Of Justice Hooker
heaved great sigh Of relief. Other MEM
ters of the Legislature. however. were
angry to think that he had presumed to
ignore the time that he was directed to make
answer to the charges, and those who had
reen complaining about being brought back
% Albany in this hot weather became
angrier than ever. But within a few
minutes Justice Hooker was seen coming
into the chamber, accompanied by John b.
Sanchfeld and Lewis E. Carr, his attor-
neys
Again the name was called, and in a firm
voice Justice Hooker answered: Present"
Are you represented by oounsel3' asked
Lieut.. Gov. Bruce.
I am" was the reply
The clerk will note the names Of his
counsel said the Lieutenant-Gove
Mr. Stanchfed handed the names to the
clerk. In addition to himself and Messrs.
Carr and Goodrich, his counsel will be
W, f. kisselberg and W. B. Hoyt Of Buffalo.
They were his attorneys before the Assem-
bly, Judiciary Committee.
Have you prepared an answer to the
charges?" asked Mr.. Bruce.
4 have" answered Mr.. Stanchfeld,
handing his answer to the clerk, who read
1t az follows
This respondent AYERS that he is a Justice
~ the supreme Court OF the State OF New
York and in person comes before the honor
adj" Legislature and denies that there Ia any
crime, nsdemeanor or ofense generally or
particularly alleged in the aforesaid charges
TO which he is or can be bound by law to make
answer. The respondent reserves to him
sell both now and at all times hereafter the
right TO make such exception as he may be
advised as to the sufflciency OF the said charg
and each Of them. and likewise to the defects
therein appearing as matter Of law and pro-