New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-03-03
JUSTICE DEUEL. SERVED
FACES STRONGER CHARGE
accused Man Returns We'll to Fight
against RemoUol

Justice Joseph NJ. Deuel. returned TO the city
yesterday and went to the Criminal Courts
Building In the afternoon TO accept service Of
the papers In the application for his removal
from the Special Sessions bench IT was then
disclosed that in the charges against Justice
deuel. was included the accusation that he was
associated in business with persons who were
oIackmaiiing people through the columns of
Town Topics"
Justice Deuel. looked the picture of health
atter several weeks of fishing on the C5ulf coas,
oA rloflue, and he said he never felt better
II was MS hrst appearance at the Criminal
oourIs building since his collapse on the last
day OF the trial of Norman Hapgood on tho
chaTse or criminal libel The papers in the an
plicatioh Tor his removal We're served on him in
ms chambers by Howard 6. Cans formerly one
OF Mr Jerome's assistants Justice Olmsted as
with him when the papers were served
After the character of the charges baca,ra
KNOWN Justice Deuel. declined to discuss them.
he SAID there had been an amicable arrange
ineH'' py which he had come to his chambers
10 accept service. He would resume his duties
on the oench on Monday. he said and would
ieiiu ihhseI against the charges before the
appellate Division of the Supreme Court
MT cans served notice on Justice Deuel. that
the formal application for his removal from
once would be made TO the Appellate Division
at p. m. March % The CHARGES aga,rs+
justice Deuel. are signed by District ATTORNEY
Jerome and by Edward NJ. Shepard and James
w Osoorhe' OF Mr.. Hapgood's counsel Portions
oi 'usuce Deuels own testimony in the Hapgood
'rial are included in the papers in support OF
the charges
ne nrst charge is that Justice Deuel. while he
mas been on the bench. since July l. 1895. has
"eeH ia tne business of owning. managing. edit
Ins' printing canvassing for and selling Town
ha
fahcles and managing. directing and con-
uoIllng the Town Topics Publishing Companv
the smart Set Publishing Company and the
frlhterS and Publishers Realty Company II
Is charged that Justice Deuel. carried on such
business enterprises. well knowing he was for
hidden by law to carry on the same or any of
them
IL is then charged that in Town Topics" there
was continually published abusive, scandalous
salacious, scurrilous and nbellous matter, as
Joseph NJ deuel. we'll knew" and that it was ore
OF his functions to read such matter and so edit,
phrase and modify 1t as to decrease the risk of
clVi or criminal liability OF its authors; that il
was part OF the business of William D. Mann,
Charles Stokes Wayne. Moses Ellis Wooster
Robert a. Irving and others associated with him
in the Town Topics Publishing Company to COM
Pei the payments OF large sums by persons of
supposed means or social standing in the COM
munity by means of threats that unless they
subscribed to a book and paid for it an "exorbi-
tant and extravagant sum- unless they paid
Tor advertisements. matter derogatory to them
would be published in Town Topics and that
IL was the custom TO publish in Town Topics"
derogatory matter regarding persons who did
not pay and TO publish matter in praise of per-
sons who did pay. OF such practices the
charges say. Justice Deuel. either knew or
should have known, and by the exercise of due
care and diligence could have known"
Mr. Jerome and the other petitioners to the
Appellate Division ask that Justice Deuel. be
directed 10 make answer 10 the charges and
that upon the answer and the testimony sub
mftted with the charges the Appellate Division
shall decree such action in the premises as to
1t may seem just and proper
1t is expected that the Appellate Division will
adopt the usual practice OF sending the charges
before referee for investigation, and that the
referee will take testimony before making a re-
port. In such case MIR. Cans will conduct the
prosecution of Justice Deuel. before the referee
Edward Lauterbach, 1t is understood will de-
fend Justice Deuel.