The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-04-22
THE HOOKER CASE CLOSED.
MS FATE IN TIE HANDS or the
ASSEMBLY COMMITTEE.

ALBANY, April 1.-THE Investigation INTO
the charges against Supreme Court Justice
Warren B. Hooker, ~ far as linking evidence
and listening 10 argument is concerned
has been completed. II now remains TO
be seen what action the Assembly Judiciary
COMMITTEES will take. ThiS committee Is
sitting practically as Grand Jurylto con-
slider and determine what sort Of report
shall be made 10 the Assembly. The sum-
ming up was concluded this afternoon,
and the committee adjourned until next
Tuesday, when II will begin TO take up the
case in executive session. What the report
Of the committee will be IL q matter that IL
causing much uneasiness in the ranks OF
the Hookerites.
Il Il accepted almost ~ . for0Eone con-
cfision that the committee will report
something that will be damaging TO Justice
Hooker Whether Il WI be for imPeach-
ment or removal by the Legislature has not
been determined upon. Individual oon-
VIBRATIONS with individual members OF the
committee brought out the fact that the
majority believe that Justice Hooker is
not At to sit upon the bench.
Counsel for Justice Hooker abandoned
the claim that he had not committed acts
that were improper, and at last made the
plea that these acts did not constitute
sufficient grounds for his removal. W. H.
Hoyt Of Buffalo, one Of Justice HookeT's
attorneys, In his argument this afternoon
laid especial stress upon the fact that
decision Of Justice Bamard's had bearing
on the Hooker inquiry. This was In relation
TO an attempt 70 remove a justice Of the
peace. Mr. Hoyt said tho justice Of the
peace had patronised prizehghts, dog
fights and cockfghts, and had gambled and
intsrfered with the officers Of the law,
yet Justice Barnard decided that bad
character was not sufficient ground upon
which 70 remove a public officer. This
D oyokt a e among thu spectators and
members Of the committee as they thought
Of the comparison that was drawn.
Former Deputy Attorney General Henry
B. Conan summed up for the committee.
He went into the entire case from beginning
70 end His remarks we're free from bias
and vindctveness. 1t was simply a judi
cial argument. lie showed the committee
that cause for removal was clearly estab-
HBhed and quoted from. many works TO
prove his contention. So strong case was
il that the counsel for Mr.. Hooker asked
that Mr.. Hoyt should have the privilege
Of replying.
NANs OOllhn IN DeRluuluk MS argument
said that the committee was 10 do lite duty
without regard 70 public olanor or public
opinion, and II the members decided the
case on what was brought out before the
committee their act would be A credit TO
them. He divided the charges against
Justice Hooker into three classes as follows:
First-The alleged irregular and unlawful
appointments in the Fredonia pCst Office.
second-The Dunkirk post office lease
I and increases Ia rents.
1 rt-l.. - LII.
by which the city Of Dunhirk was defrauded
out OF its own land.
Mr.. Conan took up the case Of Frank p.
Ball. who ives appointed = labOrer 10 the
Frodopia poet once upon the recommend a-
ton Of Justice Hooker He said:
The facts In the Ball case are conceded
No man dare apologize for them. The
Transaction was heinous. II wee criminal
1t was a conspiracy 70 defraud the Govern
ment out Of $500. Now what was Justice
Hooker's connection with IL? On Sept 10.
1893, Mrs. Hooker, wife OF Warren B. Hooker
indorsed q note for Frank p. Ball amounting
TO 5000, On Oct. 81, 1893, just thirty DAYS
after that note had been indoIsad. Ball was
appointed a laboreT in the Fredonia post
otfoo, whom there pever had been a laborer
there before and the work had been done
Tor 81 n year.
Mr.. Conan declared that the only reason
Ball was appointed was TO hqGidAts the note
indersed by Mrs. Hooker at the expense
Of The United States Government.
And this throws light on the appoint
ments OF Maurice Hooker, Katherine Clark
, Caldwell. O'Neil, Minerva JeGreys and
Pemborton, said Mr.. Conan. As a result
Of these appointments Hooker wrote TO
Beavers, again thanking you for the many
good things that you have thrown in my
pathway
Mr.. Conan then proceeded to show
the utter dSpravity exhibited in the APP
pOintment Of Justice HoOker's nephew.
Maurice Hooker, as a laborer In the FREE
donia post office, He said that here was
a young man directed on wrong path
just at the time when his footsteps should
be directed IN a proper manner. He was
led astTay, Mr.. Conan declared, into the
belief that he should receive money that
be had not earned and had no right 10.
His appointment stood MOTT TO that Of
Balls as glazing effort to defraud the
United States Government.
MIR. Conan took up the letters that
passed between Justice Hooker and Beavers.
He said that all Of Rockers letters regard
ing the post Office appointments should
have been addressed 20 Beavers's superior
ofioer,. the First Assistant Postmaster
General.
why, under the circumstances, said
Mr.. Conan, were they addressed 70
Beavers and marked personali You must
remember that Ht this time also Hooker
was not Congressman that there was
another Congressman from that district
capable Of taking care OF post ONCE APP
pointments, and that II the custom Of mem
bers Of Congress was 10 evHde the intent
OF the Civil Service law In making appoint
ments like that Of Katherine Clark, such
custom should have had no inhuence upon
HookeT's action unless Il were the custom
Of Supreme Court justices TO do such
thing
Mr.. Conan roundly denounced the
Wirtner judgment, the conclusions Of
law said he, are simply preposterous.
No lawyer, not 10 say Judge, would make
such conclusions on the statement Of facts
as presented In the case. II you find that
JustiOe Hooker was connected with this
matter, no more serious charge could be
brought q & inst a Judge. IL shows that
be was not only ready TO prostitute bis high
once but he was ready 70 bring the law
into disrepute.'
'Mf. Stanchfeld has told you that whether
Justice Hooker is guilty or not the Legis-
lature has not the right TO remove him,
that the people cannot nd themselves of
him. According % such an argument as
this a man might be a burglar by night
and Justice Of the Supreme Court by day.
He also might be a keeper OF a dive by
night and q Justice by day. This Is not
the case. The Legislature has the right 10
remove This case does not depend IN
ia effect on any individual. It's importance