The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE
rg4TS TIE FEELING NOW AT
THE CAPITAL.
noubt Expressed That T"o-thirds OF the
Legislators VIII Vote for His He
mo,al-Hls Plea OF Not Guilty taken
~, the Trial begun Rules Adopted.

u,
1osi.,at,re on tho charges originally pre-
tc.,od hy Bar associations against supreme
r,,-, Justice Warren $. Hooker VIII begin
,,.,,,.ro,y morning. To-day's session was
fo,o,cd to the adoption of rules OF proce-
d.,c,n Govern the conduct OF the hearing
o,I ,bc reading of the answer Of Justice
,r,okcr to the charges agninst him
When the Legislature met IN extraordl-
,,,.,. .es.ior on June 81 it was the common
,,,n that A resolution for the removal OF
+, .H.e Hooker could not be passed. owing
,o ,hc cxrec,ed failure to get two-thirds OF
10 .,o,,,er- o! the two houses to vote Tor
& When the Legislature again met on
love IS the continent among the members
,c,ri 10 have shifted, and it was generally
,,,,,dcd that the Legislature would pass
, .o-,l,uion Of removal. To-day this sentl-
mon, .ccncl 10 have vanished. and it was
. ron, that Justice Hooker's friends In
r." Leg stature, from Speaker Nixon down,
N,.,c that the situation will SO shape itHelf
.,.,. A resolution Of removal will fail OF
,a.-9rc. With tho burden Of responsibility
Cr.irc m no ono in particular.
friend or Justice Hooker, in discussing
the situation tonight. said; There are
cr,,ea number of lawyers in the Legislature
yl, saw that, while they think Justice
Hooker has no right TO sit on the bench,
,bov gisliIe to vote for his removal on
,N, r~ouud thai it will establish a precedent
lha ,ome day may do considerable harm
Justice Hooker's answer to the charges
f.~,rulatel AGAINST him is considered a.
b 10, hi., c<,tpunl
NJ, 70 that the Legislature will fail TO remove
him. In this answer Justice Hooker not
rr'v questions the jurisdiction Of the Legs
AZURE to act on the charges presented under
10 section of the Constitution upon which
4 il proposed to remove him, but makes a
rcnefal 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 ar o'clock. The consideration OF
the rules of procedure had taken 40 much
time that it was not until after O'Clock
that the Senator's marched into the As
-smbly chamber and took seats In the well
There was no sign about the Capitol Of jus
ice Hooker or OF his counsel. This had
caused considerable comment, orthere were
many rlimors floating about that the accused
Justice had rendered his resignation to the
Governor.
At 30 O'Clock Lieut.. Gov. Linn Bruce
directed the Senate clerk 10 call the name
Of Justice Hooker. The clerk called: -War-
ron B, LOCKER" The silence that followed
this was very marked Every member
ea, With cars wide oren tn. cate the answer
TO the summons to appear before the bar of
the legislature. There was no response.
sad members looked at one another in
arna2ement.
Was he decided to default" they asked.
Warren B. Hooker" called the clerk
6 "a in, and again no response.
The clerk will note on the journal the
default toanswer, di rected the Lieutenant
Governor.
Speaker Nixon looked about in surprise.
1t was plain that he knew nothing about
this strange procedure. But Senator
BrackCtt arose and said:
i think it will be wise before noting the
default TO get into commu nication with
Nj. counsel 10 ascertain If the default is
or not. ] don't want to have
to take rart in a debate to open the de-
,nt,'
4 messenger went to the telephone and
a,.CG W the Hotel Ten Eyck The mes-
'ag" hc brought back was that neither
tu.tI'e Hooker nor any OF his attorneys
'yss at the MOTEL. Five minutes after the
Zane had been called and no response had
"cn received former Supreme Court Justice
w. u. Goodrich Of Brooklyn was espied in
lc oha;nber. looking as il he had hurried.
liz wa- asked where his client was and he
aid that tho Justice and his counsel were
n ih'ir way to the Capitol. having been
e'aved The friends of Justice Hooker
'aayed a great sigh of relief. Other menu
cr' Of the Legislature. however, were
'nGry 80 think that he had presumed to
CDorr the tire that he was directed to make
ans" or to the charges and those who had
cen complaining about being brought back
~ Albany in this hot weather became
anErier than ever But within q few
minutes Justice Hooker was seen coming
into the chamber. accompanied by John B.
and Lewis l., Carr, his attor-
leys
again the name was called, and In a firm
voice Justice Hooker answered: Present"
Are you represented by COUNSEL" asked
Ae'it-fiov. Bruce.
81 am, was the reply
The clerk will note the names OF his
'ounsel. said the Lieutenant Governor.
Mr.. Stanchfeld handed the names to the
''erk. In addition to himself and Messrs.
arr and Goodrich, his counsel will be
H. kisselberg and W. B, Hoyt Of Buffalo.
ney we're his attorneys before the Assem-
'Iy Judiciary Committee.
Have you prepared an answer to the
largest asked Mr.. Bruce.
I have" answered Mr. Stanchfeld:
landing his answer to the clerk, who read
as follows:
MS respondent AYERS that he is A Justice
" ne supreme Court Of the State Of New
o'h and In person comes before the honor
f' Legislature and denies that there Is any
rue. m!sdemeanor or ofrense generally or
'ar'icnlarly alleged in the aforesaid charges !
winch he is or can be bound by law to make
A."er. The respondent reserves 10 him
'h Doth now and at all times hereafter the |
'rNi 10 make such exception as he may be
I'''ed rs to the sufiiciency Of the said charge
'n each OF them. and likewise to the defects |
''F'n appearing as matter Of Law and pro- |
ling That he ought not to be in any way or |
amer preiudiced by the forms of this his |
>N"T lie denies each and every allegation |
w" SAID charges conta med and the infer |
Tvs, designs and intentions charged 70 flow |