New-York tribune., 1905-07-19
JUSTICE HOOKER ON STAND
TESTIMONY ALL IN.
Tar Commissioner GiUes Striking
EUidence-Hearing Nears End.
LHr TELEGRAPH TO THE TR1BUNE.l


on which the legislative action for his removal
is based. For four hours the respondent justice
faced various attorneys. On the whole. he made
a calm and self-possessed witness, showing to
good advantage in the hands of his own at
torney John B. Stanchfield but seeming less
confident, less accurate in his memory ana per-
haps a tri1e nervous when subjected 10 the
more or less searching cross-examinaton OF
Henry B. Conan, representing the legislature
So far as anything sensational was concerned
the evidence was tame and dull
Of far more striking character was the tesu-
mony of a former member Of the law firm, Tax
Commissioner Lester Stearns. regarding the
Dunkirk lease proceedings. Mr.. Stearns test-
fed in this case, which involved the property OF
both the defendant justice and Commissioner
Stearns that Larkin. the attorney for the tax
payer named Wirtner-who had brought an ac-
ton against the city restraining it from giving
lease TO Hooker and Stearns and defaulted to
their advantage in the acton-had never been
compensated by Hooker or Stearns. It was de-
clared that a check. shown in evidence by John
B. Stanchield showing that Farnham had
been paid for representing Hooker and Stearns
had been drawn to his account only that he
might cash 1t and turn the money over to Lar
kin, thus Indicating possible collusion Of both
parties to defraud the city of Dunkirk.
This testimony made an apparent sensation and
brought obvious CONSERVATION to Mr. Stanch-
field. who had opened the mine by insisting
that the check showed that Farnham had been
paid by Hooker & Stearus. Farnham was en-
tirely without definite recollection about the
matter until Mr.. Stanchield went out and got
the check and then an erasure on it recalled
the whole incident. and he told about cashing it
Cthe money involved $3.50 and bringing it
back to the Office where Stearus and Larkin
Yer turning If over tn I.arkin.
The testimony Of witnesses ended to-day; to-
morrow the summing UP will be completed by
both sides, and on Thursday the Senate will rest
while the Assembly votes the main ques-
ton Of the removal Of Justice Hooker. On Fri
day the Senate viii have to act Unless the res
olution to remove fails to secure a two-thirds
majority in the Assembly, such an eventuaIity
would Of itself end the case and leave Justice
Hooker on the bench.
The general prediction heard here is that
Justice Hooker is to escape. rather than be
either removed or acquitted; that is. that ma
jortty but not a two-thirds majority, Of both
houses will vote against him.
JUSTICE HoOKER's TESTIMONY.
When Justice Hooker was called to the stand
Mr.. Stanch1eld put a series Of questions regard
ing his clients family life and career. He then
took UP the matter Of postof1ce appointments.
Justice Hooker explained the appointment Of
Frank P. Ball The testimony follows in part:
E Was the fact that Frank P Ban was not
brought to your notice? A It was not
@ Did you ever have any conversation with Ball
work in his position % ZION. and apply the salary toward
ments did you intend to conspire against the fed
nor did + -'''e'-''S'
Justice Hooker denied any knowledge that
Ball was in business as a ticket broker while
holding his place in the postoflce Of his
nephew, Maurice Hooker. he said he never knew
that young Hooker was farming out" his place
as laborer In the Fredonia postofice and
not actually doing the work. He had told the
Fredonia postmaster that he was looking for a
Job for his nephew, and the postmaster had sug-
gested this place and subsequently secured
Maurice Hooker's appointment
II never paid dollar" said the witness ''of
the money which Postmaster Taylor OF Fredonia
restored to the government for Balls and
Hooker's salaries"
It was general practice said Justice Hooker
for members OF Congress TO have constituents
appointed to postof7ce places before the office
entered the classified service by this means en-
abling them to be transferred later without ex-
animation to places under the civil sevice rules
He allowed to do this. he said by First AS
sistant Postmaster General Heath Then the
'TW1rtner Judgment" charge was taken up.
Justice Hooker denied that he had had any in
tention Of securing fraudulent Judgment or
much Of any part in the legal steps taken.
Beginning the cross examination. Mr.. Conan
asked the witness for explanation Of his
statement that outgoing member OF Congress
had special influence upon the postofflce patron
age of his home town. Justice Hooker could not
recall any postoffiee appointments made In his
district since his retirement from Congress be-
sides those he recommended. excepting Minerva
details of the Fredonia postofflce when he re-
tired. and that the request in one Of his letters
to Beavers for mallboxes and postof1ice supplies
made at the suggestion Of the postmaster.
MY only interest in Frank Ball." said Justice
Hooker, was the interest OF one friend in an
other
Q-It was understood between you and Con-
to have entire control OF the patronage of the post
Offices Of Fredonia and Dunkirk? A.-That was
I'D sga,, y9p a3E 96f It was as proper % for you Justice
dictator OF the patronage of those two offices? A.
There no control and dictatorship, in the sense
OF your question
Justice Hooker bore the hottest fire Of ques-
tions when he returned to the stand in the after
noon. Asked his opinion Of Frank P. Ball. the
Fredonia postoff1ce clerk. who is alleged to have
performed no service, Justice Hooker said:
He was a competent and upright man when
recommended by me for appointment
Q.-Do you consider his conduct that Of an hon
orable. upright man? Al decline to characterize
II.
Q-Do you not know that he was a commonplace
criminal, who defrauded the government OF 81 soar
Al do His condnct is regrettabIe, but I
not open to criticism for that reason.
Q.-HOw about the conduct OF Postmaster Tav-
lor, who allowed Ball to draw a salary without
doing any work? Don't you call that crimfnaI7
How about Ora Caldwell? A.-They certainly are
open to criticism.
Q.-You refuse, then, to express your opinion?
A.-These people neighbors OF mine don't
Ike characterize them criminals
G-What did you mean by the expression In your