New-York tribune., 1905-07-21
HOOKER NOT CONVICTED.
SCOTCH VERDICT GIVEN.
Assembly Fails 10 GiUe Tsco-thirds
Wajority-No CenSure, EUen.
ny TELEeRAFH TO THE rRIBuNE-i

TELEGRAPH TO TIE TRIBUNE
sfna7v July 20.-The Assembly to-day, by a
scotch verdict. failed to remove Justice War
-en 3 Hooker A majority Of the whole AS
sambly voted for the resolution Of removal, but
ne majority fell far short OF the required two
thirds The anal vote showed 76 votes for re-
moraI and 81 against. five members being alb
ssnt The result was expected and created nc
surprise. The most dramatic incident the
& heated speech OF the floor leader OF the ma
ioriry James T. Rogers, Of Broome, who voted
in favor Of Justice Hooker after remarkable
address. which closed with an impassioned ap-
peal for clemency. He recommended that the
legislature say 10 the justice Go and sin no
more" Party lines were broken 10 a con-
siderable extent IN the voting. Al Republicans
and 35 Democrats voting for removal. and 0S
Republicans and 8 Democrats against
The result was forecasted in the first few
Nmoments Of the roHcau. Only once in the
two hours devoted TO this was there any indi-
cation OF the passage Of the resolution by the
required majority. When forty-uwo names had
been called 2S stood for removal and IA against,
but the number against the motion mounted
rapidly thereafter. A large number Of mem
bers. most frequently those voting against re-
movaI. explained their votes. Justice Hooker
zVas severely criticised by a number Of those
voting against him. while, the other hand,
not d few members Of the legal profession ex-
planned their votes as due TO their belief that
the prosecution had failed TO prove its case.
That The verdict was a popular one was ap-
parent from the manner Of the members when
the result was announced. It was also appar-
en- IS the cali proceeded, that the Democrats
from New-York City were voting under orders.
many despite the fact that they had attended
few, Il any. of the sessions. The Brooklyn
-l--
more equally.
THE VOTE DELAYED.
AZ the outset OF the days proceedings there
were number Of brief speeches and some de-
haze about procedure that served 10 delay the
vote for some time and 70 increase the excite
nen- Il was about II o'clock when the clerk
called the first name on the list and by this
tine the excitement was keen Although the
result was discounted. most Of the members sat
checking the names as called Assembly7nan
Ag1eW, Of New-York. voted first and voted for
removal without explanation. three more fol-
lowing did likewise Then Assemblyrnan Apgar.
Of N-estchester, cast the first vote in favor Of
The accused justice, after a brief speech in
which he declared that he did not believe JUS
tics Hooker was guilty, and had reached this
conclusion after listening to the entire testi-
zt1uy
The r0Lcau proceeded with measurable speed.
with brief explanations Of reason, until the
name ot Assem- blyr1an Dale. q McCarren Demo
crat Of Brooklyn, was reached Mr.. Dale led the
Democratic group in voting for The accused JUS
rce. and declared that as he did not expect TO
return to the Assembly he did this as his last
public act with great satisfaction He was fol-
lowed by Assem- bIyman Fuller, OF Brooklyn, who
bitterly attacked Justice Hooker's relation 70
tHe Durkirk lease. declaring that this showed
he vas willing TO use the machinery of his court
Ir0 carry out a fraudulent corrupt and wicked !
scheme Of robbery. Assem- blyulan Fuller voted
for removal A moments laugh was caused by
Assemblyuan Gates OF Oneida who said an
grily: 81 WI not cast a vote because I am |
afraid TO 60 back 10 my constituents. II they
DO no- want ne they don't have TO keep me
here but while I stay 7 DO what think is right
and they can't control my judgment" With
This preface Mr.. Gates voted against removal
Asseulbsy-nal Hartman Of New York who
suddenly developed into one Of Justice Hooker's
warmest supporters. attempted 10 make his
third speech for the day on roIIcau and was
greeted with hoots Of derisiou he voted with
the accused Assenblyulan Merritt. Of St Law
renee, made a brief statement. explaining that
be did not beleye that the prosecution had |
proved lis case and voted against removal
i BLA1IEs THE PEOPLE FOR IT.
When the name Of Mr.. Rogers. Of Broome. the |
majority leader was reached il was clearly ap-
parent thar the resolution for removal was lost 4
and M-. Rogers, taking advantage OF the waning |
excitement. made a long speech. the burden OF /
which was that Justice Hooker represented a /
system that the proper thing TO do was for the /
people OF the State, who We're responsible for 1
The existence Of The system. 70 go TO work and
rI -f-
TOP down. Such course. he insisted would be |
a cause Of great rejoicing among politicians. He .
declared thai il was not right 10 single out one
individual zld sacrifice him In closing he said,
With great emotion
Neither The bench, the bar nor the people
VII suffer u Justice Hooker remains. No man
Aas suffered more nor viii the standard Of
.aole-al dignity be less From this time forth I
D1Aete ~ HlA De z better judge. his conduct OF
every kind EvIu be above suspicion and beyond
teIf1acl T believe the Legislature can well af-
ford 70 say o1 him Neither do condemn thee;
90 al1 slI no more"
Assem- -yu-an Stanley, Of New-York, said his
vote against Justice Hooker was based on the
impression derived from hearing him testify.
4ssen-aiyl-al Wainwright also voting for re-
AoFa- declared that he was forced TO the con-
laS-on thar Of The postofice scandals in the case
iolr appointments were justly charged TO JUS
ice Hooker. and that he. therefore. voted for
removal although having TO do it the
ssaaest act of his public career"
ne last man 10 explain his vote was z. c.
"ooo, OF Fulton and Hamilton, who attacked
AZ Rogers sharply for MS speech. declaring that
le thought il vas hardly the right thing for the
legislature 10 follow the idea thar Mr.. Rogers
suggested, namely, that Justice Hooker had
s-LAec- bur should be allowed 10 go unpublished.
speaker Nlxoa's name was called last and he
did nor vote