The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-12
HOOKER TAKE TIE STAND.
UILL ALSO ASK HIS BENCH ASSO-
GATES TO DEFEND HIN.
r,,cIr Evidence Irrelevant, as No Charges
Are Made Against Hin as Judge
Reading OF Testlm Ony Before JOINT
sessIon-Case May Close on Tuesday.


A,pAyY, July 1l-Supreme Court JUS
.;oo Warren b. Hooker is at last to break
Ns silence regarding the charges upon
ubich his removal from Office is asked
Reside calling a dozen witnesses in his
,.barf Justice Hooker is to go on the stana
ND submit to crosse examination. His Will
nrobably wind up the testimony
Among the witnesses Justice Hooker
has .ubpunaed are the Justices associated
9TH him in the Brooklyn Appellate Divi-
.;or Of the Supreme Court, with the ex-
oan,;on Of Justice Woodward, who halls
from the same county as Justice Hooker
ChautauQua
Those Justices are to testify to the ability,
Integrity and uprightness OF MIR, Hooker
ss Justice, and the suggestion IS made
ina, their testimony will be irrelevant, for
tho reason that no act of Mr., Hooker as a
Justice is questioned in the charges.
The other witnesses subp9naed are in
connection with the Wirtner judgment
/, which it is charged by the Assembly
Judiciary Committee that Justice Hooker
reryerted n brother Justice into signing
what was practically fraudulent judg-
rent roll. and which Justice White de-
uanded should be set aside a couple Of
years after he had signed it.
To-day about half Of the testimony taken
before the Assembly Judiciary Committee
last winter in the Hooker case was read to
the members of the Legislature in joint
session.
Judge fIooker's counsel tonight think
that all the testimony can be put in and
the summing up of counsel completed this
week, In which event the Legislature may
adjourn until next Tuesday, when the mem
hers will come back and vote upon the
resolution removing Justice Hooker.
The ends to which the friends Of Justice
Hooker will go were revealed to-day when
an attempt was made to throttle the lower
house. An alleged majority Of one was
discovered by the clerk OF the Assembly
TO carry point which Speaker Samuel
Frederick Nixon, Majority Leader Rogers
and other leaders of the lower house wanted
10 help out their friend Hooker.
It was on the motion to non-concur in
the Senate amendment to Rule 5A Of the
rules Of procedure. This provides that
nothing but evidence that would be ad-
mltted In a court OF record shall be adj
mitted at the hearing Of Justice Hooker.
By the adoption Of that rule the most i'm
portant evidence could be forced out. This
relates to the correspondence on file in the
Post Office Department. The department
has refused to permit the Legislature to
have the originals of this evidence. and
will not attest the copies.
The rule had been adopted by the Senate.
10 Acc oh ,oI
jority of two against concurring. Assem-
byman Thompson of Niagara, and OF
Niagara Falls power bill fame, sat in front
Of Assemblyman Jesse Phillips, who comes
from Hookers Congress district Mr..
Phillips went to the clerks desk and ascer-
tanned that two votes were needed. Then
he got at Assemhlyman Thompson. Al
though he said to Mr. Phillips, Il don't
like to do it. Thompson changed his vote
Assemhlyman j. I. Smith of Duchess
vas oesieged by Assemblyma'n Vain.
Rogers and Mr.. Smith changed his vote.
Mr.. Wainwright has congressional aspira-
tons and his leader, National Committee
man William l.. Ward, is friend of Justice
Hooker and member Of the Tapeworm
Club. All the Westchester members are
voting on e"erv proposition to save Justice
LOCKER.
After Mr.. Smith had changed his vote,
Col Baxter announced the vote as being:
Ayes, 4s, noes, Al.
Majority Leader Rogers announced that
the rule was Of no consequence, as Judge
Rockers counsel had declared they would
not object to any of the evidence.
When Assemblyman Larue tried to speak
during the roll call Mr.. Rogers gave in
structions to Mr.. Apgar to shut him off.
He failed to do SO, however. and Mr.
Larue said If the majority leader has
50 much faith in the counsel for Justice
Hooker, why doesn't he get a written stipu-
aton from them that they will consent to
The introduction of this evidence?'
Mr.. Rogers was silent.
After the Senate amendment to the plan
Of procedure was declared concurred in
Justice Hooker and his counsel and the
members of the Senate filed into the As
sembly chamber and the joint session was
convened by Lieut.. Gov. Bruce.
AT the table with Judge Conan, counsel
for the Legislature, sat George l. Lawyer
OF Albany, representing the State Bar As
ssoclauon; Wallace MacFarlane, the New
York City Bar Association; William B.
hurd, Jr., the Brooklyn Bar Association,
and Frank W. Stevens, the jamestown
BAR Association.
MIR. Stanchfeld at once submitted type
written document challenging the right
OF the members of the Assembly Judiciary
committee to sit in the joint session and
'''e oi tllt IlOOkeT 1ndtteT, on tHe ground
that they already had rea ched conclusion
on the charges and were biased 1t was
promptly overruled by the Lieutenant
Governor.
Judge Conan commenced reading to
the members Of the joint session the printed
testimony taken by the Assembly Judiciary
Committee
When he began to read the documentary
evidence secured from the Post Office
Department, which. it was feared, will be
ruled out, there was much craning of
hecks and opening of ears to hear an OBJ
lection from Justice Hooker's attorney,
put none was made. This evidence re-
ilated TO the cores onCence Justice Hooker
nao concerning the appointments to the
fiedonia post Office. In one letter which
ne wrote TO Beaver he said: Thanking
you Tor the many .gooc things you have
'hrown in my way
:, The reading of the testimony was not
listened 10 by many members. Some would
81 and listen with bored expression for a
snort time and then go out But few fol-
.o"ed 1t with any closeness or took the
'9iDie 10 read from the printed copies.
he Assembly chamber was so warm that
severa members wished to sit in their
shirt sleeves and removed their coats, but
we're promptly ordered to put them on by
.ne Lieutenant Governor, who was pre-
siding. The members then received big
nalm leaf fans.
Justice Hooker has subppnaed, in adj
GGt'lon to the Supreme Court Justices,
I,harles }. Wirtner, Thomas H. Larkins
games 4. Hosten. Frank O. Matheson,
MaDel NJ. SaXton and Lester =. Stearns