The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-19
LOOKS AS HOOKER WILL WIN
HiSTHE ASSEMBLY SAFE, is TIE
OPINION IN ALBANY.

Relieved That Removal Resolution VIII
Never Get to the Senate-Stanellield
Gets One OF His witnesses to Contra.
dict Another-VOtc Expected To-day.
ALBANY. July ls.-To-night II Is the
general impression that the men who have
been working 80 vigorously in behalf Of
Justice Hooker among the members Of the
Legislature have gotten enough votes in
the Assembly to prevent the two-thirds
vote necessary for removal. II the re-
moval resolution fail in the Assembly the
Senate cannot consider it and the incident
will be closed.
The testimony was concluded at 43O
this afternoon. Tomorrow night it is the
intention to try to get to a vote in the Assem-
bly, on the resolution. Every member is
to be present tomorrow morning. and II
there are any absentees they will be brought
to Albany by the sergeant at arms.
John b. Stanchheld, chief counsel for
Justice Hooker, this afternoon managed
to damage his clients case considerably
by showing that the testimony Of one Of
his principal witnesses should be thrown
out. Mr.. Stanchfeld disoredited it himself.
The witness is State Tax Commissioner
Lester F. Stearn.
Last Friday when Mr.. Stearn was on the
stand he was asked particularly concerning
the Wirtner judgment. The attorney for
Wirtner in the taxpayers action to restrain
Hooker and Stearn from confscating
fourteen feet of city property was Thomas
H. Larkin. Mr.. Stearn was asked II he had
paid any money to Wirtner's attorney to
discontinue the injunction proceedings.
Mr.. Stearn answered Indignantly that he
had not.
This afternoon former Deputy Attorney
General Henry B. Conan called Bert E.
Farnam, formerly one Of Mr.. Stearns's
law partners. Mr.. Stanchfield went at Mr..
Farnam on the ground that he was an at
torney in the matter and had received COM
pensation.
-Oh, no, answered Mr.. Farnam, nothing
Of that kind I never received pay
Didn't You receive check?"
Not that can remember"
well, will show you check said Mr.
Stanchfeld, and he handed the witness
a check. 1t was made out payable to his
order.
-Oh, yes" said Mr.. Farnam, his face
beaming In smiles. do You want to know
why received that check?"
Mr.. Stanchfleld nodded indulgently in
the affirmative.
We'll, that check was given to me by
Mr.. Stern to 60 out to drug store and
get It cashed, and the money ! received
from it was paid to Mr.. Larkin, the attorney
for Mr.. Wirtner.'
Mr.. Stanchfield wilted at once. He
didn't care about the check, but Mr.. Conan
had it offered in evidence at once. 1t Yves
for Sos, and was the check of Stearns 4
Hooker as partners in the Dunkirk post
<ffce building. Larkins was present. hav-
ing been subp9naed by Mr.. Stanchfeld,
but he was not placed on the stand.
The feature OF the days proceedings
outside of the testimony OF Mr.. Farnan was
the appearance of Justice Hooker on the
stand. Mr.. Hooker was cool and made a
good witness. He said he had recommended
every appointment made in the Fredonia
Post Office, but he denied he had know-
edge that they were not performing SER
vices. He refused to admit that he had
conspired to defraud the Government OF
to evade the civil service laws. He did
say, however, that every Congressman is
nothing more than an errand boy for his
constituents. He showed that he was most
oblging man, for the Fredonia postmaster
would ask him to have things done at the
Fredonia Post Office and Mr.. Hooker would
see that they were DONE He couldn't tell
on cross-examination why it was that, until
Frank p, Bell had been appointed, the
Fredonia Post Office never had laborer,
nor why it was that his own nephew recon-
mended by himself, was the only other
laborer assigned to the Fredonia Post Office.
Justice White of Buffalo, who issued
the Wirtner judgment and then had it
vacated to lease his conscience, as Justice
Hooker said, went on the stand and af-
frmed what he had previously stated,
that he only took the Wirtner matter be-
cause Justice Hooker had asked him to
do So and as Justice Hooker had told him
that the matter had been arranged before
coming to him he paid no attention to it.
The farce in keeping Editor Wardman
of the New York Press in attendance was
carried further to-day. Senator Tully
tried to get him excused, but Senators
Raines and Malby prevented it. Tonight
the Senate discussed for an hour and
half what they should do with him. SEN
ator Tusly said that during the session
last winter many more grave and specific
charges OF corruption had been made,
hut no one was found demanding an in
"estigation.
Senators Elsberg, Raines and Grady
were appointed to determine what punish
This committee is to report tomorrow.
Senator Grady said the best way out OF
the matter was to appoint a joint COM
mittee, to sit after the special adjourns, to
consider it.