New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-25
JUDGMENT WAS VACATED.
THE HOOKER INQUIRY.
Justice White BeieUed He Had
Been Misled.


,s.or,ynittee tonight closed the frst full week
of its work In investigation OF the charges
.aa.nst Supreme Court Justice Warren b.
blocker Of irregularities IN the securing or ap-
oointuaents and IN rental transactions IN con-
nection with the postofices at bredonia ana
bunkirk, Chautauqua County, Ex-Deputy At
horrey General H. B. Conan, counsel TO the COM
snittee said tonight that he did not believe the
committee could finish the investigation before
week after next. April 8 is the date fixed by the
Assembly for the report Of the committee
Iustice FIooker's personal financial affairs, and
the vacation by Justice White OF Buffalo. Of a
Judgment granted by himself in ed action in
svolying the rights of the city OF Dunkirk in
property adjoining the Hooker-Stearns postofhce
building IN Dunkrk, in which Justice White be-
aiered himself to have been misaed into an i'm
proper action, the principal features OF to-
days testimony.
Justice Hooker was present, surrounded py
brilliant array Of counsel IN his interest in
rluding ex-Deputy Attorney General W. H. Kis-
kelburg of New-York; John 3. Stanchfield, OF
n2lYnira; Judge Goodrich, OF Brooklyn; William
B. Hoyt, former Assistant United States Dis
erfct Attorney of Buffalo and Lewis E. Carr, OF
kAlbany.
I The testimony began with the introduction OF
THE Judgment roll in the case OF Charles J. Writ
nner and others, against Daniel Scannell as
f1dayor Of Dunkirk; Justice Hooker. State Tax
sComrnissioner Lester F. Stearns and others
brought vacate a lease granted TO dookeF
end Searns as joint owners OF the building In
(which the Dunkirk postofics was located, by
1.-THE Mayor and other city officers. The lease Is
said TO have beer granted at the direction OF
t1he Common Council which passed a resolution
compelling the city officers to execute to HOOKER
and Stearns lease Of easement for light ana
sair purposes next TO the postoff1ce building.
srhis resolution was vetoed by the Mayor ior
two reasons. First, that If at any future time
.she city should desire to sell the City Han
property It would be hampered by THIS en-
lcumbrance, and. second, that 1t would prevent
she construction oe an addition to the City
Hall The Council by two-thirds vote over
sode the veto Of the Mayor. An action was
brought by Wirtner on behalf Of the people
ITO set aside this lease.
Justice White, before whom the action was
Sried testified that the case was brought TO MS
Attention few days before the trial by Justice
Hooker, who said:
There is a case coming down from Dunkirk
En which I am personally interested, and want
xhe case TO come before you"
Justice White said the parties came before the
stenographer in his chamber. instead Of the
regular trial chamber. He said that from the
date OF the judgment he had never spoken
personally with Justice Hooker, but had
anunicated with him through Assemblyman Ar
thur c. Wade and George z. Towne The state
snent Of facts in connection with the case, he
said. drawn up by the parties interested,
and Justice White said he signed it without
reading IT. The justice said he drew the stipu-
cation himself and gave it TO Mr.. Towne.
II wrote a letter to Mr. Wade" he added HE
came to the Iroquois Hotel and we discussed
the I said in substance that the litiga-
zion should not have been disposed Of the way
that it was, and that it ought to be made
right, and that the right thing to do was to
Sacate the whole proceeding"
On DISCRIMINATION Justice White said he
had been advised later by the District Attorney
OF ChautaCqua County that the Judgment he
had entered, restraining the city from building
on its own property. might be detrimental to
the city Of Dunl1irk, and that. discovering that
something was wrong he set about it to right
matters.
Mr Stanchfeld endeavored to draw from JUS
tice White his reasons for believing that the
judgment had not been proper and his reasons
for interesting himself in its vacation. Justice
White said:
Il thought IT would endanger my future well
fare"
Justice White said further that after the Bris-
TOW report on the so-called postofice scandals
was made public and agitation for postal reform
was begun in the press. he began investigating
the judgment he had granted. and as a result
sof this investigation vacated it.
Frederick r. Green, cashier of the Fredonia
iAational Bank who was on the stand early in
ithe week, gave testimony as TO dates and
faInounts Of certain notes held by the hank
against Frank P. Ball In cross-examinine him
sAdr. Carr read reports Of meetings of the direc-
TORS or the bank held ia the latter part of 1904
FNaen proposition from Mrs. Eta Hooker Xvifa
foL the justice, was received and later adonted
creative 10 certain notes against her in the
EDanK- II appeared that the bank accepted S24 600
E1n 5eneca on stock, and released her from son
EVOo OF paper and notes which she had Endorsed
zone OF them being the Frank P Ball note This
mote, winch has appeared IN the testimony ON
k9ooeeselous occasions, was given in September
S1cSS, 1or Slo66 &c, according to Mr. Green WIZ
ssaid he learned that the money was ,Iead - h,
STOCK IN an oil field in West Virginia 10y
according TO Mr.. Green, two notes ba1a 49,
tae pahK one by Justice Hooker and the otber
foy airs. hooker, aggregated S51 900 and thot
10 meet thls obligation the bank accented o,i
FEtock and other collateral oA
Z Inc last witness was William Cvlarly ,..z..
postmaster at fredonia. who identified The Io+,
rolis or the Office from November q 1900 70 t TH
ceHber o. 1919. and two letters from tbe S
Rarrnent az Washington TO the postnaste- ~ -
tredonia- He testified that ne vas ,,,otI %
IND the payrolls during the term o4 tss 70
postmaster A. r. Moore the first I-tta %
caAeo last tuesday, who asserted that he 30
kneFer seen Minerva Jeffries one oP d. t a
tcIerKs alleged to have been appointed ~ I,t,
ett3ookers behest but that he sent her naTr a.
EchecKs 10 George w. Beavers at Wasbint9ltoy, a..
/ accordance with his orders 'H III
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