The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-12
HOOKER TO TAKE THE STAND.
uJLL ALSO ASK HIS BENCH ASSO-
GATES To DEFEND HIM.
rneIr Evidence Irrelevant, as No Charges
Are Made Against Him as Judge
Heading OF Testimony Before JOINT
scsslon-Case May Close on Tuesday.

his silence regarding the charges upon
which his removal from office is asked
beside calling dozen witnesses in his
tshalf. Justice Hooker ia to go on the stand
o,l submit to cross-axamlnation. HIS VIII
nrohablv wind up the testimony.
Among the witnesses Justice Hooker
.os suhrrnned are the justices associated
with him in the Brooklyn Appellate Divi-
s,on If the Supreme Court, with the eH-
.o,,ion ,f Justice Woodward, who halls
,ror, the same county as Justice Hooker
Chau.auqua,
The.a Justices are to testify to the ability,
,r,sgrity and uprightness of Mr.. Hooker
a. a Justice. and the suggestion is made
tina, their testimony will he irrelevant. for
,ba reason that no act Of Mr.. Hooker as a
Iu.,;,r : Questioned in the charges.
Tho other witnesses subprnaed are in
connection with the Wirtner Judgment.
I, which it is charged by the Assembly
Irliciorv Committee that Justice Hooker
rerver,rl a brother Justice into signing
what was practically a fraudulent judg-
mani roll. and which Justice White de-
r,o,ds,l should he set aside a cou pie Of
wear. after he had signed it.
.,o.,.,,. about half of the testimony ia ken
las. Writer in the Hooker case was read to
,ba mem or- of the Legislature in joint
session
Judge Rockers counsel tonight think
that all the testimony can he put in and
the summing up Of counsel completed this
waok in which event the Legislature may
adjourn until next Tuesday, when the mem
i,rs will come hack and vote upon the
resolution removing Justice Hooker.
no ends to which the friends Of Justice
Hooker will 90 were revealed to-day when
an attempt was made to throttle the lower
house An alleged majority of one was
discovered ~ the clerk of the Assembly
to carry point which Speaker Samuel
Frederick Nixon, Majority Leader Rogers
and other leaders of the lower house wan'ed
to help ont their friend Hooker.
II 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 he adj
mlued in court Of record shall be adj
miied at the hearing Of Justice Hooker.
Bv the adoption of that rule the most i'm
portant evidence could he forced out. This
relates TO the correspondence on file in the
Post Office Department. The department
has refus ed 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
The first Assembly roll call showed ma
jority Of two against concurring. Assem-
blyman Thompson of Niagara, and Of
Niagara Falls power bill fame, sat in front
from Hookers Congress district. MIR.
Phillips went to the clerks desk and ascer-
tanned that two votes were needed Then
he got at Assemblyman Thompson. Al
like to do it, Thompson changed his vote,
Assemblyman j. T. Smith of Duchess
was besieged by Assemblyman Vain
wright Of Westchester and Majority Leader
Rogers and Mr.. Smith changed his vote.
Mr. Wainwright has congressional aspira-
tons: and his leader, National Committee
man William L. Ward, is a friend of Justice
Hooker and a member of the Tapeworm
Club. All the Westminster members are
voting on every proposition to save Justice
Hooker.
After Mr.. Smith had changed his vote.
Col Baxter announced the vote as being:
Ayes. IS, noes, A..
Majority Leader Rogers announced that
the rule was of no consequence, as Judge
HookerS 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 10 do so, however. and Mr.
larle said, If the jority leader has
so much faith in the counsel for Justice
Hooker, why doesn't he get written stipu-
Aton from them that they will consent to
the introduction Of this evidence?'
MI 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 n'o the As
semhIv chamber and the joint ser sion was
convened by Lieut.. Gov. Bruce.
At the table with Judge Conan, counsel
Tor the Legislature, sat George |. Lawyer
OF Albany, representing the State Bar AS
ISOLATION; Wallace MacFarlane, the New
York City Bai Association: William B.
Hurd, Jr, the Brooklyn Bar Association
and Frank W. Stevens, the jamestown
bar Association.
Alr. Stanchfeld at once submitted type
written document cha llenging the right
OF The members of the Assembly Judiciary
Committee TO sit in the joint session and
That they already had reached conclusion
on The charges and were biased. 1t was
promptly overruled by the Lieutenant
Governor.
Judge Conan commenced reading to
,he 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
ruIed out there was much craning of
hecks and opening of ears to hear an OBJ
lection from Justice Hooker's attorney,
nut none was made. This evidence re-
hted to the spondence Justice Hooker
nad concerning the appointments to the
fredonia post Office In one letter which
ne wrote TO Beaver he said; Thanking
you lor the many good things you have
'hro"n IN my way
:, ne reading Of the testimony was not
listened to by many members Some would
81 ana listen with bored expression for
sshort time and then go out. But few fol-
.o"ed II with any cioseneSs or took the
trouble to read from the printed copies,
me Assembly chamber was so warm that
he!erai members wished to sit in their
shif' sleeves and removed their coats. but
We're promptly ordered to Put them on By
me Lieutenant Governor, who was pre-
SONG, The members then received big
palm leaf fans.
s,JnStioe Hooker has suhppnaed, in ad-
CC'lpn TO- the Supreme Court justices,
I,.arIe' j. Wirtner, Thomas H. Larkins,
Kan KIT. Holstein. Frank o. Matheson,
Msahel NJ SaXton and Lester F. Stsarns
In'v viii testify in relation to the Dun