The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-11
MAYBE HOOKER WILL GO FREE
THAT'S THE FEELING NOW AT
THE CAPITAL.
nonbt Expressed That Two-tnirds o. tne
Legislators VIII Vote for His Re-
mo,al-His Plea Of Not Guilty Taken
.nd the Trial BeEun--Rules Adopted.

o,d the Trial BeEun-Rules Adopted.
.,u,sy, july lo--The hearing before the
,o,isn,rre on the charges originally pre-
,orrod nv Bar associations against Supreme
ca,rt J,,s,ice Warren =. Hooker will begin
,a.r,orrow morning. To-day's session was
,,aroted 10 the adoption OF rules OF proce-
,r,,o govern the conduct of the hearing
and the reading of the answer OF Justice
uooker to the charges against him.
Nhcn the Legislature met in extraordi-
,,rv session on June n 1t was the common
,,,;n;on that "A resolution for the removal OF
I,,s,;oe Hooker could not DO passed, owing
,ho expected failure to get two-thirds OF
40 ,,erhers of the two houses to vote for
I, When the Legislature again met on
June % the sentiment among the members
s..r,ed to have shifted, and it was generally
conceded that the Legislature would pass
reso,u, ion of removal. To-day this senti-
won, seemed to have vanished, and It was
,nnorent that Justice Hooker's friends IN
the Legislature. from Speaker Nixon down.
home that the situation will 30 shape itself
that A resolution of removal will fail OF
massage, with the burden OF responsibility
falling on no one in particular.
A friend of Justice Hooker, in discussing
the situation tonight, said: There are
quite number of lawyers In the Legislature
who saw that, while they think Justice
Hooker has no right to sit on the bench,
,hev dislike to vote for his removal on
the ground that it will establish precedent
that some day may do considerable HARM
Justice Hooker's answer to the charges
formulated against him ia considered as
Indicative of the hopes he and his counsel
have tina, the Legislature will fail to remove
him. In this answer Justice Hooker not
only questions the jurisdiction Of the Legis-
lat,,re to act on the charges presented under
the section of the constitution upon which
It Is proposed to remove him, but makes
general denial Of all OF the charges.
Each house was called to meet at ~
o'clock to separately consider the rules OF
procedure. They we're to meet In joint
, session at O'Clock. The consideration OF
the rles of procedure had taken so much
time that it was not until after O'Clock
that the Senators marched into the As
semblv chamber and took seats in the well.
There was no sign about the Capitol Of JUS
tice Hooker or Of his counsel. This had
caused considerable comment, for there were
many r,lmors floating about that the accused
Justice had rendered his resignation to the
Governor.
At 1870 O'Clock Lieut.-Gov. Lynn Bruce
directed the Senate clerk TO call the name
of Justice Hooker. The clerk called: war
rem B. Hooker The silence that followed
this was very marked. Every member
sat with ears wide open to catch the answer
TO the summons to appear before the bar OF
the legislature. There was no response,
and members looked at one another In
amazement.
.Has he decided to default?" they asked.
Warren B. Hooker" called the clerk
again. and again no response.
The clerk will note on the journal the
default toanswer, directed the Lieutenant
Governor.
Sneaker Nixon looked about in surprise
1t was plain that he knew nothing about
this strange procedure. But Senator
Bracket arose and said:
Il think it will be wise before noting the
default to get into communication with
his counsel to ascertain If the default is
intentional or not. | don't want 10 nave
to take Part in debate to open the de-
fault"
messenger went to the telephone and
allied up the Hotel Ten Eyck. The mes
sage he brought back was that neither
Justice Hooker nor any of his attorneys
was at the MOTEL. Five minutes after the
name had been called and no response had
leeu received former Supreme Court Justice
". W. Goo,lriANf Brooklyn wda espied in
the chamber looking as If he had hurried.
lie was asked where his client was and he
said that the Justice and his counsel were
on their way to the Capitol, having been
delayed. The friends Of Justice Hooker
heaved great sigh Of relief. Other MEM
hers of the Legislature, however, were
angry to think that he had presumed to
ignore the time that he was directed to make
answer to the charges, and those who had
teen complaining about being brought back
to Albany in this hot weather became
angrier than ever But within few
minutes Justice Hooker was seen coming
into the chamber, accompanied by John b.
Stanchteld and Lewis f. Carr, his attor-
neys
Again the name was called, and in a firm
voice Justice Hooker answered. Present.
Are you represented by counsel?' asked
Lieut. Gov. Bruce.
i am" was the reply,
The clerk will note the names Of his
counsel, said the ACKNOWLEDGEMENTS.
Mr. Stanchfield handed the names to the
clerk In addition to himself and Messrs.
Carr and Goodrich his counsel will be
W. T.. Kisselberg and W. B. Hoyt Of Buffalo.
They were his attorneys before the Assem-
by Judiciary Committee
Have you prepared an answer to the
charges?" asked Mr.. Bruce.
Il have" answered Mr.. Stanoh6eldJ
handing his answer to the clerk, who read
1t as follows
This respondent AYERS that he Is Justice
of the Supreme Court Of the State Of New
York and in person comes before the honor
able Legislature and denies that there Is any
crime, misdcmeanor or offense generally or
Particularly alleged in the aforesaid charges
10 which h" Is or can be bound by law to make
answer The respondent reserves TO him
SELF both now and at all times hereafter the
right to make such exception as he may be
advised ms to the sunioency OF the said charges
and each OF them. and lkewis to the defects
lher'n appearing as matter OF law and pro-
testing that Inc n ~ In hp in uay