The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-15
HOOKER UNFIT FOR The BENCH
50 MR.. STEVENS ARGUES BEFORE
ASSEMBLY COMMITTEE.


ALBANr, April i4-Cause for the removal
OF Supreme Court Justice Warren B. Hooker
was pointed t to-day by +. W.
Stevens Of the jamestown Bar Association,
who hos been assisting former Deputy
Attomey-0encral Henry 3. Conan IN the
conduct Of the investigation.
Mr.. Stevens's argument was in answer TO
that Of W. B. Hoyt, one Of Judge Hooker's
attorneys, who set UP the claim that no
cause for removal had been shown in the
proceedings before the committee. Mr..
Stevens sai1 that there was not only
cause, az defined by the State Constitution
for the removal Of Justice Hooker. but
that there we're grounds upon which he
could be impeached. Mr.. Stevens con-
sumed all the time Of to-day's session,
speaking about Ave hours.
The investigation will not close until
the last Of next week The committee
will have to SIX for an extension Of time
II was 10 make it's report on the 10th, but
will ask 10 have the time extended until
the 2sth. On Wedne sday John B. Stanch-
Geld Ia 10 continue the argument for Judge
Hooker He will he followed by Lewis +.
Can They will undoubtedly take ell Of
Wednesday. Mr.. Conan will make the
closing argument on behalf Of the &C M
mittee After that the committee will
consider the matter in executive session.
M. Stevens. in resuming his argument
begun yesterday, said it was the duty Of the
Legislature to see that no improper person
occupies the position OF Supre me Court jus
tioe or Judge Of the Court Of Appeals. He
argued that tho power OF the Legislature
In the matter was beyond dispute.
Judge Hooker's counsel had said that
none Of the acts complained Of had been
committed since he had assumed the Office
OF Justice OF the Supreme Court. Mr.. |
Stevens said that the Wirtner judgment |
which was 10 oonhscate land Of the city Of |
Dunhrk for the use OF Hooker and his |
pArtner. Lester F. Stsarns; the Katie rine |
Clark appointment and the Dunkirk post |
ofloe leases all happened after he had |
gone on the bench.
In regard to the Wirtner judgment Re !
sAid that he could prepare brief come Ct
ing Judge Hooker with that judgment, !
which would he sufficient grounds TO i'm
reach Judge Hooker However, the coun-
eel in TIE case had unanimously agreed .
not to bring about impt achment proceed
tngs, prefeTing the more simple method
Of removal.
Mr.. Stevens said he assumed that the
committee would judge that man capable
OF reso rtin 10 the 10 west de vices Of the ward
politician was morally unfit TO be a Judge
over bis fellow men. man capable of
low deceit Of oOnniving. Of robbing TIE
United States Cove mment and Of Instruct
ing the youth OF the nation in crime and
fraud was unfit to sit on the bench
In the case OF Frank p. Ball. he said.
there was a case Of fraud on the Govern
.ment OF the United States TO the amount Of
upward OF $500, II was incredible that envy
man would justify anything in connection
with It, The only question here was as 10
what extent Justice Hoo Her was INJECTED
With It. II the post once at Fredonia had
been broken open at night by burglars the
case would have been the same.
Then" Mr.. Stevens continued, lin the
case Of the half dozen clerks in the Fredonia
post ofioe who were put on the rolls under
Government employ with no duties TO per-
form, Is II not a deplora be state Of affairs
end one demanding investigation at your
hands, II II is shown to you that Justice Of
the Supreme Court Of this State is connected
with IN
what is the use Of the State maintaining
at Fredonia a normal school II that school
Il 10 be disgraced as a school for thieves,
ne IL sbo m IN this case in the CONNIE ction
with Il OF The youthful Morris Hooker,
placed him upon the rolls Of the Fedonia
post ofioe9
In the city Of Dunkirk, again. there Is
rectted in the evidence presented to you
q b9T1ee OF acts WnlCh are more lnan sEaTp
in connection with the leases
Of the post ONCE building there to the Gov
2 mment. The que stion Ia, Ia Justice War
rem B. Hooker connected with this deplor-
bic state Of afains in Fnedonia and in
Dunkirkl There is no use in trying to be-
little these facts.
You can't touch this matter anywhere
but you find there Is some thing wrong
. bout it, something deoe itful, some thing 10
conceal This Is found set forth In the
~. IL 81 h. ]
donia post ofioe by former Postmaster
Arthur r. Moore. The evidence shows
that when the other clerks in the post offlce
signed their names 10 these rolls the name
Of Frank P. Ball was never upon them, as
Il should have been except once, when
mistake Rad been made. Why did Moore
do this dishonest and di5honoRble thing
unless Il was because he was under tho
power Of the great man Of the community,
Warren B, Hooker?
when Hooker fails to put himself on
the stand and make explanations IL II
possibl- 20 think that the appointments
made In the Fredonia post once through
George W. Beavers we're made without
the knowledge Of Warren B. Hooker' II
any one 30 thinks he has got bump OF
credulity larger than any ever heard Of
The appointments Of Thomas ONeil
Hooker's coachmAn, Ora Caldwell and
Minerva jeffrey were crooked transactions
81 every point, and Of the three We know
.
j Il fair TO assume that Hooker stood for
the other two. Caldwell was a boyhood
friend Of the Supreme Court Justice.
The appointment Of Katherine Clark
was demanded by Justice Hooker. She
was a niece Of Postmaster Taylor. The
appointment made In her c1se was for the
purpose Of evading the civil service law,
end coming through a Supreme Court
Justice supposed TO uphold and interpret
the law, Is a highly edifying spectacle.
According TO the records, Warren B. Hooker
was one Of the originRtors OF the custom
Of establishing evasion Of the civil service
law. Miss Clark was appointed without
pretenoe that there was necessity for her
services ,
Mr.. Stevens took up the wirtner judg-
ment and said II was one Of the most de-
plorable things that ever affected the Su-
prene Court He characterized Il as one
OF the most disRraceful and dishonorable
acts conceived Of.
We have seen the functions OF the court
debased we have all seen things done by
the Judiciary that have excited our con-
tempt, but nothing before has equAlled this,
declared Mr.. Stevens. Now the question
"a. what connection with II did Warren B. ,
Hooker have7 II Is a matter that IA closely
interwoven with the Dunkirk post Office
Mr. Stevens reviewed briefly the proceed