New-York tribune., 1905-07-20
HOOKER CASE NEAR END.
ASSEMBLY, VOTE TO-DAY.
Both Sides Sum Up-FdiIure to
RemoUe Predicted.
lBr rELEcRAFH TO THE TRrnuSE. J

unusual iupressiveness both defence and prose-
eution summed up and ended the presentation
of the case for and against Justice Warren B.
hooker. Tomorrow the Assembly. and possibly
the Senate viii decide the question OF his re-
rnoval. SO far as IT is possible TO forecast
to-night there is every indication that the YER
dict VIII result IN failure 10 remove IL not IN
vindication OF the accused justice. To remove
justice a two-thirds majority OF each house Is
necessary. The Assembly which viii first vote
On the matter. IS expected 10 fail 10 pass the
resolution by a sufficient majority. and this VIII
terminate the case Then the legislature VIII
a. the Governors direction. pass resolution -
pay the expense OF its clerks and employees ail1
the work OF the special session viii be al al emu
7. however. the Assembly passes me 'eilio' - -
resolution by the required majority theh Il W.
20 10 the Senate. and the deliberations o. -
bodv viii probably proIong the session anoInsF
day.
predictions Of a failure 10 remove lare based
entirely ~, the sentiments expressed here oy
members The divisions OF sentiment seem 70
be these. Many rnembers-prooably majority
will z,ote for removal, either because they De-
Have The charges OF because the sentiment Ii
their district favors such q course Another
ho6v largely made up Of lawyers, is doubtful
"a 10 whether the case has been Proved ano
wiz base its vote On this ground There is, in
addition. q third body, which holds the balance
~ mower made I'D OF men who. were IL left TO
-beir preference, unaffected by public sentiment
would vote for the accused Justice either from
sympathy or even stronger political reasons.
The fact that this body shows an indication Of
following its own desires is mainly responsible
for the prediction thai the result VIII be favor
sble 10 Justice Hooker. 4 majority but by no
means al the Democrats. viii vote for removal
for party reasons. but Senator McCa-ren and
several OF his associates viii surely vote with
Justice Hooker
The most striking incident OF the whole trial
was the peroration OF Lewis E Carr, Of Justice
EOokerss counsel whose closing appeal was
dramatic. A heavy LhUndershower had cut out
The electric lights. few candles burned dim in
the chamber, and by these the uprurned faces OF
the members could be vaguely discerned- The
thunder stin rolled. and above the noise Of
the storm aid through the shadowy chamber
NJ Ca-r's voice rang out as he pleaded for his
client, attacking frst the powers Of the legts-
lsrure 70 remove, and then charging Frank W
Stevens, Of the Jamestown Bar Association who
had opened the summing up for the prosecu-
ton. with desiring that Justice Hooker be re-
moved that ne might be appointed 10 al the
vacancy. Finally, IN q burst OF impressive
orato-y, in which he Lkene6 the attack on Jus
tice hooker 10 the storm outside. Mr. Carr ap-
pealed TO the jury TO acquit his client on the
case presented
Mr. CONAN UNDIPASSIONED.
M Conan. who followed for the prosecution.
was the exact antithesis Of his legal opponent
Ee was calm uninDassioned, almost monot-
onous in his manner. and. for the most part
technical and professional in his remarks.
Where Mr. Carr was emotional and dramatic.
Mr.. Conan was matter Of fact and Impassive.
Indeed. his speech entirely lacked any dnal
burst Of denunciaLiOn. as he had refrained from
anything dramatic throughout the trial Mr..
Conan 10 the end clung 20 the legal and moral
aspect shown by the evidence, dwelling in par
rirular on the Dunlzirk lease and the exposures
this made yesterday.
Before the arguments began Senator Edgar
T Bracket, Of Saratoga as spokesman for the
committee appointed last night TO decide on the
punishment OF release OF Erwin Wardman Ed
itor OF The New-York Press" who has been
held here for testimony regarding the bribery
charges printed II his newspaper. arose. and.
after a denunciation OF the article containing
these charges and the action OF the editor him
self moved that the witnesses be discharged
This resolution was carried By a close vote,
despite the objections OF a large number Of leg
islat0rs who still favored drastic punishment for
contempt, and in this fashion the incident was
closed without legislative action, despite the
threats that have been made.
Ir Stevens began speaking at 10 o'clock His
par Of the argument dealt with the Fredonia
Postofice cases.
- do not ind fault with Judge Hooker" he
said. for taking part IN politics. That is mat
ter Of taste. 7 ask you TO Judge him for what
he has done and for his intentions al the time
OF his acts"
He derided Justice Hooker's contention that
he had assisted Frank P. Ball from motives OF
friendship only. and pointed OUT the business
arrangement between Ball and Mrs. Hooker. and
the Defendants anxiety 10 help his wife out OF
financial difficulty, as the plausible cause.
II a disreputable performance" declared
M Stevens. "a scandalous performance, Grim
ina performance The fact that Ball rendered
no services in return for his salary was con-
cesled even from the clerks IN the POstOfice"
SAYS JUSTICE BETRAYED TRUST
NJ Stevens asserted that the letter in evi-
dence addressed 10 Mr. Beavers was request
thai a Federal officer commit felony and an
attempt TO defraud the government AS the ap-
pointing power said he. Justice Hooker had a
duty 10 perform IN regard 10 the Fredonia Post
Office and be betrayed his trust
You know" said he that IN this Legislature
there is great cry that certain great corpora
ions should be investigated. and that certain
officers should be punished for violating their
trust Yet here this defendant repudiates his
responsibility This method OF dealing with
pubic affairs is destructive OF all government:
Il is corrupt il is criminal"
Until the legislature adopted formal charges"
said Mr Carr opening for the defence the /
warfare against Justice Hooker was OF the
Indian character. We could not tell in which
direction the danger lay. 4 man who sits on
ne bench for six years opens wide the door for