The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-09-14
DEUEL. CHARGES ON TRIAL
APPLICATION TO REMOVE HIM
NOT BEFORE REFEREE.

1880 70 5000, wa gone over again yes
terday before ex-Justice Martin L. Slower
a. referee in the action instituted 10 deter
mine whether Deuel. should be removed
from the bench.
NJ. Ellis Wooster. the solicitor for sub
scriptions TO whom Justice Deuel. wrote
many interesting. letters concerning pros
pective subscribers and the best way 70
get at them, was the only witness Of the
session. Most Of these letters. which were
made public when Norman Hapgood, the
editor OF Golfers Weekly, was on trial for
criminally libelling Col Mann, were read
again and placed on the records. They
included the one written to Wooster when
he vas in Florida, in which Judge e
hkened the rich men at the beach 10 Davy
Crockett's coons, which came down when
the. trusty rife was pointed at them.
The petitioners for the removal Of Justice
Deuel. are District Attorney Jerome, acting
as a citizen; Edward NJ. Shepard and James
". Osborne; and they were represented
yesterday by Assistant District Attorney
Iselin. Lawyer Craig Of Hoadley, Lauter-
bach 4 johnson appeared for the Justice.
There was a discussion at the start as to
how far back the testimony should go.
Mr.. Iselin held that Il was within his right
to inquire back to 1895, when Deuel. was first
appointed a Magistrate. To this Mr.. Craig
What's the object asked he, .of & Ding
into acts prior to the time when Justice
Deuel. took the oFfce from which you seek
to remove him2"
our object replied Mr.. Iselin, lis to
show this eentleman's trend Of conduct.
He committed a -misdemeanor by carrying
on business when he was a City Magistrate"
so far as the charges Of carrying on
business before his present term Is con-
cerned," said Justice Slower, why, that
would have no effect Any act prior TO
the present ~incumbency could have no
force"
The real question is put in Mr.. Craig,
is the law prohibiting Justices OF the
Special Sessions from doing business con :
sti~tutional2"
SIcan't 20 into that now " said the referee.
Whatever | may do or recommend after
all the testimony is in, l certainly can't
depart from the order OF the Appellate
Division to take the testimony back to
1895"
This Is an important point, for most Of
the transactions complained Of in which
Justice Deuel. is concerned ook place be-
fore he was promoted to the Special Sessions
bench.
Wooster testified that he now lived at the
Hotel Breslin and was connected as a stock
holder with a press bureau which sells
~cyclopRdias Of industry and biography,
He had been with this concern since April
last, he said, and he was not employed
by Collier or any other person. He said
that he had done some work for Osborne
a Hess, counsel for Mr.. Hapgood, prior
to his trial.
Il have known Justice Deuel. since the
'Fads and Fancies' project came p said
the witness in answer to Mr.. Iselin's ques-
tions. Il met him in the Office OF ToUr
Topics in February, 1901, when l went there
] 70 Aiacnaa tho naffaT Of 0ninO in1n the
'Fads and Fancies' project. II was
weekday. Col. Mann introduced me tC
Deuel.. He said that before entering into
the contract / had better talk the matter
over with the Judge.
SWhy, 1 wasn't there put in Deuel..
WAS he there?" asked Mr.. Iselin.
He was" replied the witness.
Wooster testified that he met deuel. agar
at the Office of ToIn Topics, and that the
Judge told him that he had talked the termi
of the contract over with Col. Mann anC
hat he would draw it up. The ~contracI
was put in evidence. II was signed by
Col. Mann and Deuel. in behalf Of the TowI
Topics Publishing Company After tina
he had many conferences with the Judge.
Il reported every few days to him hov
much business | had done, " said the witness
BY the way, what was 'Fads ano
Fancies'?" asked Mr.. Iselin %innocently.
1T was a work on a great scale about tn
fads and sports Of society people," replied
| the NllneSS SOltIflHly
WAS the price fixed?"
~Yes, il was finally fixed. I steC
$500. The Judge said that 81 ,0OO would b.
the right price, and it was finally fixed a
: $500"
The witness old Of his numerous con
ferences with the Judge about the booI
and said that he had seen him twice in tn
police court while Deuel. was sitting. H,
went there TO talk business at the invitation
OF the Magistrate.
did you ever talk to Deuel. about hi
interest in the Town Topics Publishing
Company"
Not about his interest in the compan,
itself. but / talked TO him about variou
enterprises connected with IL. Judge Deue
drew up the form Of the u Inscription con
who rot subscriptions for 'Fads and Fancies
was Robert Irving, and / don't know wher
he IL now
1t was about at this point that the letter
which Wooster received from Justice Deue
began to be introduced. One written from
the Republican Club advised him to &c
after Commodore Gerry. He saw Gerr.
at Newport. He was also advised 10 se'
Marshall Field. He is in town somewhere
the Colonel says" wrote Deuel..
There were also several lists OF names q
wealthy men which were in Deuel's land
writing and Wooster identified them all
A copv OF "Fads and Fancies" which re
posed in a handsome ebony box was brough
into the room, and While Mr.. lselln wantei
it Tut in as evidence he was unwilling :
have il marked.
"It is too valuabls fer such treatment,
he told Justice Slower. Il ant afor'
TO rave a 81 500 volume marked II wa
finally agreed to put a tag on the cove
OF the box.
Wooster also told Of his connection Wit
the Wall Street edition OF Torn Topics
"Eudge Deuel. spoke TO me about it, h
said. He told me IL was not a success
and he wanted me to take charge OF 1t.
offered to take il on the same terms a
'Fads and Fancies.' was to get 20 pc
cent for advertisements and wrteups.
did you ever pay any OF that none.
to Judge Deuel?"asked Mr.. Iselin.
Il did" the witness replied.
The contract that Wooster signed,
seems, contained a clause that Deuel. shoul
get a part Of the commission paid :
Wooster. Cancelled checks which Wooste
had raid TO Deuel. we're identified by tn
witness. Thew we've for SITS, on. so. $3.50.
and 1921 rs. The witness said that ther
were other payments 10 Deuel., the Who'll
amounting 10 about $1,000.
The hearing will go on next Wednesda
afternoon.
JEWS GET STRIKE FEVER.