The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-03-25
LIGHT ON HOOKER'S METHODS.
REQUESTED ANOTHERJUSTIoETO
GRANT AN ORDER FOR HIN.


Order vacated Later By same Judge
ALBENT, March A.-At the resumption
this morning Of the Investigation into the
charges against Supreme Court Justice
Warren r. Hooker, before the Assembly
judiciary Committee, Attorney Conan
who IL conducting the Investigation offered
as evidence a certified court order which
will be Of great importance. II Is tudg'
ment secured against the city Of DunlCirk
by Charles WirtneT. Its importODce ID
In the fact that II vas secured without
the city Of Dundrk having notice that
such a suit was 70 be brought.
II was q Judgment restraining the city OF
DunkirC from erecting . building on its
own property. Unfortunately for the city,
its lot Adjoined the property owned jointly
by Justice Hooker and State Tax Com
missioner Lester p. SteaTns, and the cree
ton Of q ERE wall by the city Of Dunldrk,
a. was proposed, would shut on some Hight
from tho HOoEsr-SteaRns building, which
was rented 10 the Government for a post
Office. The new building would also tend
TO decrease the value Of the Hooker-StoaTns
building.
The judgment was granted by Supreme
Court Justice White, sitting In ChAutauqua
county, Judge HOoksr's home. The feel-
ing this judgment aroused was such that
the people benefited became frightened
and had the order vacated at q special
term at Buffalo, IN November. 1904, Another
place Of evidence was the stipulation
disseminating the action, and this vas
signed BY Justice Hooker and Lester =.
SteaIps.
a. - H.
Of the documentary evidence with his
head bowed the greater part Of the tune.
Supreme Court Justice Truman O, White.
Of the Eighth judicial District, who granted
the order, was the frat important witness
called Justice White Il . resident Of Buffalo.
He was asked II he remembered the case
referred TO and said be did.
swho called your attention 70 thisimat-
terri hs WaA asked.
sJudEe Hooksr called my attontion,to Il.
be replied
SStats what you know about that
In substance, my recollection y that be
said 10 me that there was q case coming
down from Dunkirk In which be was per-
sonally interested. and asked me 10 hear Il.
I viii state that ct that tina Wa not bold
ing the regular special term In ChAutauquA
county. Ny recollection OF IL b that Mr..
Hooker was holding the regular special
term thsre Gt ths tina BE told me that
he didn't think thsre would be any sub
stantial contest 10 ths casS IN the court
who was In court on that dayi'
"Mr. StsAInH wa there
Tbs wines testified that be drew q gtipu-
latiOn setting asids the Ordar he had granted.
INF. stearns stated 70 me that the parties
IN the case were Substantially agreed
what did you do latBT 10 the matter1V
After learning what ! believed 10 be the
facts wrote to Arthur @ Wade and be
oame 70 soc me In Buffalo. ! told him that,
from the best information / had, had
concluded that the litigation should not
have been disposed Of as II had been. In
Justice to myself and Justice Hooker,
told him that the best way vas 70 vacate
the whole proceedings and oloseu the casa
WAS Il a considerable time after you
spoke TO bin about 1t that the proceeding
was vAcatedf5
sYes, It was. Mr.. Wade told me that
George c. Towns would take care Of tne
did Mr.. Wade ever speak to you about
conversations With Judge Hooker about
this oasei'
4 had spoken more than onoe TO Mr..
Wade about conversations be had had with
Mr.. Hooker
The same question was asked in regard to
Mr.. Towne, and the witness made the same
answer.
The litigation was begun In January. 1908,
but the order vaoating the proceedings was
not signed until November, 1904.
Judge White had a number Of letters
from Mr.. Wade which Mr.. Conan wished TO
have introduced a. evidence. Judge White
considered them confidential, and the COM
mitee refused to receive them.
On cross-eXamination by John B. Stanch-
field, Justice White was asked II witnesses
were not sworn and findings and facts sub
United 20 him.
'Oh, yes, but as have already stated,
was not paying as much attention to Il as
/ should have.
did you pay any atteption 10 the char
aoter Of the act sought 70 be accomplished
Il am sorry 10 say ] did not.
The answer did not please Mr.. StAnoh-
field and he moved to have Il stricken out.
The answer remained, however.
Mr.. StRnoh6eld tried 10 get the witness
20 say that the reason he wanted the judy
would act TO the detriment Of the city Of
Dunkirk.
sBy no means, said Justice White. my
own conscience suggested TO me that II
lieve II was right. also believed IL COM
promised my own reputation.
Justice White declared that he did not
give the matter d the judgment as close
attention az he might, relying on the state.
ments made that The facts had been agreed
upon before the oasa was brought TO him.
No oue had appeared In court and asked
for the order vaoatlnR tho judgment, but
witness said he had vacated It, debating
the order himself.
Judge Conan AalrSd Justice White what
other motives inspired him 20 vaoate the
judgment, aside from the fact that he was
con WINGED Il vas, for the interest Of the
city Of DlTnkirk
waFa 4
the judgment As Il stood might compromise
me as q Justice Of the court.
was one Of tho motives developed
through your learning that the answer
-Wl
I'm Ths Vii