The sun., 1905-07-18
REFUSED TO OBEY SUBPOENA.
HENNESsY DENIES JURISDICTION
or THE LEGISLATURE.
The Grounds Upon which He Refused to
Go to Albany to Testify on the Hooker
bribery Charges Practically Accepted
as COrrect-Nrs. Hooker Testafies

ALBANY, July H.. Punch and Judy on the
street never caused more amlsement than
to nights efforts Of the friends OF Justice
| Hooker to punish u ne ~spaper editor. And
the farce ended by Senator John Raines
with voice choKed with emotion, sorrow
fully admitting that what John a. Hen
messy, managing editor Of the New York
Press, had said was correct. MIR. Raines
! didn't say 10 in 80 many words. He IL not
gallant enough to admit that an accepted
| foe had gained an advantage over him. but
| the effect was the same.
Tonight was the time when the Legis-
lature, MS represented by Arthur G. Wade.
John Ranes and James Tracy Rogers, sup
plemented by the efforts Of John Is. Stanch-
field. chief counsel for Justice Hooker.
were to have punished with the utmost
severity Editor Erwin Wardman Of the
New York Press. Mr.. Wardman came to
Albany wondering what his fate would be,
but apparently not very much disturbed.
But the trio of legislative leaders had
prepared a great trump card. Unknown
to the majority Of people they had sub
pTnaed Mr.. Hennessy to appear forthwith
and to tell them who wrote the article
charging that corruption was being prac-
ticed to prevent a vote adverse to Justice
Hooker. Mr.. Hennessy's name was called,
Dut he did not answer.
Instead Col. Archie E. Baxter, clerk
Of the Assembly, read a letter from MIR.
Hennessy, in which MIR. Hennessy said
compel him to attend. With open mouthed
establishment the trio of men who are to
frame and regulate matters in this affair
listened. Could they believe their ears!
Mr.. Hennessy respectfully objected and
protested against the jurisdiction assumed
by the joint session of the Legislature in
issuing a subpoena requiring his attendance
as witness and the production of papers
on the following grounds:
First-rhat said joint session Ia organized
only TOR the purpose OF hearing the proofs and
deternIning whether a certain Justice OF
the supreme Court shall be removed from
his office aud the subject matter stated in
quiry or Involved therein. and therefore
the said JOINT session is without authority
TO Innnlre into the matter referred to in said
subpoena or to require my attendance as
IL witness thereto. ,See People exrel. McDon-
aid hec!er, 90, n. Y. -es-.s5J
c hat nj .he power 1i yestsaf'on az Is
ters upon which it il authorized to legslate,
and ths sd!d JOINT session not having such
any present authority to so leglslate. il Is
without power to investigate
Third That neither house of the Legislature
as now convened nor any OF Che members
of said houses at the time OF the publication
of the article here referred to or at the time
legislative capacity until required by the
Governors direction. on the contrary, the
said houses were exercising special authority
not requiring the action of the Governor
thereon aside from which each of them was
without power to act.
lArticle " =, Section A. He the Governor shall
have power to convene the Legislature or
Senate only on extraordinary occasions. Atex-
upon except such as the Governor may recon.
mend for consideration" The subject referred
to in your subpoena has no relation to the sub
by the Governor, and as consequence you
are prohibited by the Constitution from
acting in respect thereto.
The subpoena was read, and then Mr..
Fish said to Mr. Rogers:
"Nho prepared your s;ibpTna'"
The question implied that Mr.. Hennessy
was correct. But something had to be
done, and so resolution was offered order
ing the sergeant at arms of the Senate to
take custody Of the body of John A. Hen
messy and bring him before the bar to an
swer for contempt.
Senator Grady clearly and pointedly
showed that Mr.. Hennessy was correct and
he indorsed everything Mr.. Hennessy set
forth. He advised the joint Assembly
to dissolve and each house act separately
as regarded action for contempt.
Senator Page also doubted the authority
of the joint Legislature in this matter, and
Mr.. Fish said the Constitution gave no right
to the joint Legislature to punish for con-
temDt.
Messrs. Raines and Rogers again con-
ferred Then Senator Raines moved that
all previous motions be laid on the table
and he moved that a subpoena be served
upon Mr.. Hennessy as provided for under
the rules adopted by the Joint session. Mr..
Rogers was surprised and objected. but
what Senator Raines said WENT
Before the above incident occurred Clerk
Ba xter read communication, which was
signed by David Wilcox, president Of the
Delaware and Hudson Railroad Company.
1t said that the charges that that corpora
ton was interested in clearing Justice
Hooker were without foundation.
The only witness examined tonight was
Mrs. Eta F. Hooker the wife Of Justice
Hooker. She was called to the stand to
swear that she had never loaned any money
to Frank P. Ball, but had simply in
dorsed his notes.
The examination of Justice Hooker will
he begun tomorrow, and that will conclude
the taking Of testimony.
4 N