The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-04-28
DEUEL. PUTS IN A DEFENCE
BACKED ~ .AFFTD4vITS or.
PRAISE FROH FELLOW ~ DGES.
ExpatIates In Lengthy Document Filed
With the Appellate Division About His
Dear Friendship for Mann and MrS,
Not "T0~n Topics Employ ee.

Wv 80
Dear Friendship for Mann and NlrS.
Wra,-Not a Town Topics" Employee re.
The answer of Joseph NJ. Deuel. to the
etition made by William Travers Jerome,
james W. Osborne and Edward NJ. Shepard
for his removal from the Special Sessions
bench because of his connection with the
Town Topics Publishing Company was
filed with the Appellate Division yesterday.
IL consists mainly of an elaborate eXplana-
ton of his reasons for atiliating hiself. with
the Town Topics compa my. supplemented
by numerous aifidavits from other persons
who swear to their belief in Justice Deuels
ofhoial and private integrity.
When the petition for his remova was sub
mitted to the court Justice Deuei. through
his counsel, Edward Latuerbach, filed a de-
murrer, in which he sought 10 show that the
petition was insufficient in itself and that the
legal provisions invoked for his removal
were unconstit utional.
The Appellate Division overr1l!ed his
objections and directed him to answer TO
the charges in the petition, holding sub
btantially that no member Of the bench
may engage in any private business during
bis tenure of Office. If he desires to do so
at any time, the Court commented, he is
- iADN'N - ~ N|'S" '~a' 49,
Deuels answer is a typewriter docu-
ment covering nineteen cages in which he
e~xpatiates upon his dear friendship for
many years past with Col. william dalton
Mann, the bewhiskered editor of Torn
Topics, and with Col. Mann's daughter,
Mrs. Emma Mann Wray, who is the princi-
pal s%tockholder OF the Tow Topics Pub
fishing Company.
n To the company, Deue maintains he
gave only the benefit of his advice and
counsel, at the earnest request and solicit
fation of Col. Mann and Mrs. Wray. He
denies emphatically that he was ever EN-
ployed by or interested in the business end
of the Town Topics Publishing Company.
His connection with the publication OF
4 eFads and Fancies," the book which the
Town Topics Publishing Company got out
In a limited edition, TO depict the alleged
amusements Of rich New Workers, Justice
Deuel. explains in this way:
When the matter OF publishing "Fads
and Fancies" came up in 1908 as a business
proposition in the p he had no
idea that he would be reappointed to the
Court Of Special Sessions, as he was at the
beginning OF 1904. His term of office being
about to expire, he thought it would be a
good idea TO get into some business, and he
considered that there was "A desirable open
ing for him in the "Fads and Fancies" prof.
ect.
He never, he says, gave up any Of his
official time to the project, and mainly
devoted himself to the new publication i'll
the evenings or on of days. He absolutely
denies having neglected his official duties
to further the "Fads and Fanoies" project.
The above explanation Is substantially
the same as that which he gave on the
witness stand at the trial of his criminal
libel proceedings against Norman Hapgood.
Under REORGANIZATION then, as he does
in his answer, he laid great stress, in justi-
ication of himself, on the labor and study
he had devoted to the processes of the new
Children's Court. He points out that he
practically drafted the legislation which
was enacted for the procedure in that court.
These and other services in the same con-
~nection, he thinks, should be considered
by the Appellate Division.
Deuel. attaches to his answer the letter
which he wrote to District Attorney Jerome
on December % last, relating to his charge
Of criminal libel against Hapgood. He
also attaches aff1davits from Col. Mann
and Mrs. Wray, in which both declare that
Justice Deuel. was merely their friend and
legal adviser and not in any way an en-
ployee of the Town Topics Publishing
Company.
Similar afidavits signed by William L.
Daniels, the secretary and treasurer of
the company, and by j. Alexander Patten,
Stephen Fiske and Charles Hanson Towne,
writers for Toun Topics, are also made part
OF the answer.
His five associates on the Special Sessions
bench, Justices Mexican, Wyatt, Olrnstead,
McAyoy and Zeller, have subscribed to a
joint affidavit praising Deuel., the conclud-
ing sentence of which reads
-In my contact with and observation Of
said respondent, and my association with
him as a Justice of the Court of Special
Sessions, i have found him to be, and now
regard him, as a thoroughly conscientious,
upright, oonsiderate and fearless Judge"
There is also u separate affidavit from
Justice 0lmsted. in which he speaks very
highly of his regard for Justice Deuel.,
both as a man and a Judge. City Magis-
trates have added their testimony to this
effect in the shape of afldavits.
The answer will not be considered by the
Appellate Division For some days. II 1t il
not Accepted a. a complete Fefutal OF the
charges contained in the petition the court
win then determine whether the charges
are sufficiently proved in the petition it.
self, or whether 1t is necessary to appoint
b referee to hear and report on the ques-
liens raised.
EnIrNN HER RnY HI'SRlNn