The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-07
JUSTICE HOOKER'S DEFENCE.
ATTEMPT TO JUSTIFY ONE OF
MS HENTS.

His Counsel Plead THAT IL Was the Custom
az Congressman to EVade the CiVil
Service LaWs-Fredonia Letter Carrier
Gets Three Months JneArned Pay.
ALBANY, April efforts were made
to-day by the attorneys Of Supreme Court
Justice Warren r. Hooker to show TO the
Assembly Judiciary Committee, which Is
investigating the charges against him,
that It was the custom Of Congressman
to evade the Civil Service laws. This is
70 justify the appointment Of Katherine
CLARK Of Fredonia to the Fort Plain post
Office and her subsequent transfer to the
FTedonia post office. She was appointed
by Congressman James Sherman, one Of
the Tapeworm Club, at the request OF
Justice Hooker after he had been appointed
a Supreme Court Justice by Gov. Black,
Congressman George n. Southwick OF
Albany, another member Of the Odell
Tapeworm Club, gave interesting testi-
mony on this point He was called TO tell
about Justice Hooker being in Washington
after he had been appointed to the bench.
Mr.. Southwick was cross-eXamined by John
Is. Stanchheld. He said that Il was custom
airy, when an appointment was to be madeto
a post Office which was 20 be placed in the
classified service, for one Congressman to
recommend the appointment OF person
desired by q colleague. After sixty days
the appointee would be transferred 10 the
other Congressman's district, thus evading
civil service requirements. Mr. South
wick seemed 10 regard the proceeding not
as wrong, hut as merely a Congressional
courtesy He said that both Democrats
and Republicans had done this.
Attorney Carr read several letters from
TIE National Civil Service Commission in
which Il was stated that such appointments
and transfers had been made.
Edward Easton, q clerk in the Fredonia
post Office, testified that he made up the pay
rolls and signed them from March, 1899.
When he signed them the names Of Frank
p. Ball and Maurice Hooker were not on
the roll. These names, he said, were In
serted afterward. This was brought out
by Deputy Attorney General Conan TO
show that there was conoeolment OF their
connection with the Fredonia poet office.
Mr.. Stanchfeld made an effort 20 have
this testimony stricken out on the ground
that il did not connect Justice Hooker
with the matter. Mr., Conan submitted
that the evidence was material II IL was
to be shown that Justice Hooker had con-
spired with Postmaster Taylor 10 defraud
the Government
The committee denied Mr.. stanohheld's
motion.
sWas the name Of Frank p, Ball ever on
any payroll you signed at the time you
signed it7' witness was asked.
YES, sir. he replied. Once during Mr..
Moore's term az postmaster
No other time?'
mo. sir"
s. Ray Fairbanks, one Of the first letter
carriers at Fredonia, testified that they be-
gan 10 carry the mail there on April H. 1899
The mail boxes did not arrive until April ~.
This testimony was put in to show that
O'Neil the clerk and carrier appointed for
Justice Hooker, who was paid for January,
February and March Of that year, was
paid for doing no work, as IL II admitted that
his first work was done in connection with
the placing Of the letter boxes In Fredonia.
County Clark j. ID. Gallo Of ChautauquR
was sworn 70 identify the original
Judgment roll in the Wirtner case, which
was offered in evidence. This was the
Judgment secured by Hooker and Stearns
nom Supreme Court Justice White OF
Buffalo, TO enjoin the city OF Dunkirk nom
building on It's own property adjoining the
Hooker-Stsarns post ofiCe building there
Justice White has testified that when he
learned all the facts and the IRE gularity
OF the whole proceeding be had his own
jud gment vacated.
Mr.. Conan read from the report Of the
Bar Association investigation the teeti-
mony given by Maurice Hooker showing
that he had received notice Of his appoint
ment from Postmaster Taylor and his uncle
Justice Hooker in the latter's law once
He had never seen Mr.. TAYLOR up 70 that
time. Yesterday Taylor, while on the wit
ness stand, swore that he had known young
Hooker since he was mere boy. This
closed the case against Hooker.
Mr.. Stanchheld renewed HE motion made
previously, 10 strike out the testimony OF the
witness Easton relative to his signing the
payrolls at q time when the names Of Frank
p. Bail and Maurice Hooker we're not upon
them. He also wanted the testimony OF
Ora Caldwell, given some two weeks ago,
eliminated Chairman Fish ruled that the
committee could not strike out until assured
that all the testimony was in.
Mr.. Stanchfeld then asked for n weeks
stay. that the attorneys for Jrstics Hooker
might determine whether or not 20 submit
any evidence in rebuttal,
The committee decided 10 grant this re-
quest with the understanding that the
entire case should be closed up on Thurs
day or Friday Of next week. The committee
then adjourned until next Wednesday at
ESQ A. NJ.