New-York tribune., 1905-07-18
WON'T OBEY SUBPOENA.
EDITOR GIVES REASONS.
Sensation at Hooker Heming-JuS-
tees Wife on Stand.
Icy TELEGRAPH TO THE TRIBUNE.I ]


Albany, June 1.-THE legislative attempt to
investigate the charges of THE Press" of New
York of bribery in connection with the Hooker
case ended in amusing tangle tonight, when
John A. Hennessy, the managing editor, sent
word denying the right OF the legislature 10
subpoena him, and refusing to appear. The de-
bate that followed the sensation created by this
defiance developed that Mr. Hennessy was cor
rect in his position. and that the attempt to
subpoena him had been Illegal in its character
After two hours of debate the legislature finally
decided TO send another subpoena, and mean
while to resume the Hooker case
The resumption of the discussion of the
charges of bribery took place directly after the
session opened. Lewis f. Carr attorney for
Justice Hooker. arose and made a statement re-
garding the charge that the Delaware and Hud-
son Railroad had been using money and in
huence to secure the acquttal of Justice Hooker.
Mr.. Carr is attorney for the justice and also for
the railroad corporation. He explained that ne
had entered the without any suggestion
from the railroad He then suggested that 1t
was the duty of the legislature. before 1t pro-
ceeded with the trial. to free itself from the
burden of the charges against 1t contained in the
testimony given by Erwin Wardman last week.
This proposition met with little favor. since it
insured another week of delay, and there fol-
subpanas had been issued. The only other man
who had been served John A. Hennessy,
and he replied with fiat denial of authority.
The reading OF his denial created a sensation.
He declared in his answer that he refused to
come because the reasons set forth in the sub
poena were irrelevant to the business before the
| extra session. that the present session had no
power to investigate the story published by
The Press" and that it was by the constitu-
| not
! called to its attention by the Governor
Mr.. Hennessy also protested the ground
that the power of investigation is given only
to each house in respect of matters upon which
1t is authorized to legislate and the said joint
session not having such power this extraOr
| binary session having any present authority
to so legislate. it is without power to investi-
gate"
Then followed an angry fusillade of legal
opinions. Assemblyman Rogers, who is active
in the attempt to yindicate the legislation
named, moved for the issuance of a warrant for
the BODY of Mr. Hennessv Senator Grady in
sisted that this futile, and that Mr. Hen
messy had acted within his rights in refusing
the subpoena.
You might as we'll have directed the sergeant
at arms TO send him a polite note to come 10
declared that a fatal mistake had been made in
the form Of subpoena. He was opposed by
Senator Page who no sooner began to outline
his belief in the legislatures rights and to sug-
gest a way out of the tangle than Senator Els
berg arose and argued strenuously against this
! course.
To cap the climax. AssemOlyman Moreland de-
clared that the joint session had authority
! TO do anything. The wrangle continued for some
. time. Finally Senator Raines moved to lay the
, matter aside and that and more formid-
able subpoena be issued. Mr. Wardman, who
was in attendance, not called upon to take
the stand again. He will be recalled TOMORROW.
Mrs. Hooker, the wife of the respondent JUS
tice, then called to testify in relation to the
Ball notes, which she became acCommOda-
ton indorser in order to permit Ball to take
part in oil venture in which both she and
Ball had taken stock She testified that
money passed between her and Ball. She teS-
titled that she had known Ball and his family.
Mrs Hooker made a cool and calm witness To-
morrow morning Justice Hooker will take the
stand. This will close the evidence for the de-
fence -