New-York tribune., 1906-04-28
DEUEL. FILES ANSWER.
JUSTICES UPHOLD HIN.
Only Considered "Fads and FuncieS
Possible Opening, He Says.

Inc answer of Justice Joseph N. Deuel.. OF
the Court of Special Sessions. to the applica-
uon Tor his removal was filed yesterday with
the appellate Division of the Supreme Court by
his counsel. Edward Lauterbach. Under the de-
cision of the Appellate Division given on April
b he was required to answer the application
which his counsel had attacked on the plea Of
unconstitutionality
The answer is now made to the charges that
he had violated the law in being engaged in
other business while a justice of the court.
brought by District Attorney Jerome. James w.
Osborne and Edward NJ Shepard.
The answer in part says:
, Ihe respondent desires particularly 10 bring to
the attention of the court the situation of the
t.tSspondent as II existed at that time. He
then city magistrate. whose official time as
such was rapidly approaching an end. He had
- - prospect OF reappointment to said office.
Inc said matter (the publication of ''Fads and
FdiCles was considered as possible opening
AT the expiration of the respondents term of
once from the representations made then the
respondent believed tha, the work could he COM
peted within a year. and that fifty sixty
subscribers could be obtained within the first
SIX months. Aside from discussions and the
writing OF about dozen letters In regard there
TO- he did no more than observe the progress
OF the carrying out of the said undertaking.
When period of six months of experimental
ton was ended less than dozen subscribers
had been procured for the said work instead Of
fIty or sixty. as had been anticipated. In view
or these results the respondent lost faith in the
undertaking i'm the latter part of 1901
About this time the respondent resumed the
stuoy and consideration Of the matter of chill
drens court for the city of New York giving to
II practically ali OF his time when not required
nv MS official duties as city magistrate He
amined the constitutions. Jurisprudence and the
laws of every state that had children's courts.
and after much preparation and deiiberation the
proposed legislation for the State of New York
finally enacted in substantially the
same form as proposed by the respondent
Tho answer also goes on TO show at great length
Justice Deuels relations with Colonel Mann and
his daughter and the efforts of Colonel Mann to
arrange his business in such a way as to provide
for the daughter Mrs. Emma Mann Wray. In
substance the answer denies that Justice Deuel.
had been engaged on Town Topics as a bust
ness. but admits the giving OF advice for the
benefit of Colonel Mann and his daughter.
Besides the answer proper, numerous afidavits
were filed. we'll copy of the letter Justice
Deuel. wrote to District Attorney Jerome on De-
cember % last in which he stated his position
regarding the charge of criminal libel which had
been made against Mr.. Hapgood The afidavits
are made by Colonel Mann. Mrs. Wray. William
L. Daniels, secretary Of the Town Topics Pub
fishing Company; ]. Alexander Patteu writer
on the paper: Stephen Ffske. lawyer and s2e-
cial editorial writer. and Charles Hanson Towne
a member Of the staff, in which disclaimer is
made of Justice Deuels connection with Town
Topics"
There were affidavits also from Justice DeueIs
associates on the bench of Special Sessions John
r. Mexican, William f. Wyart Willard H DIM
sted. Lorenz Zeller and Francis s. McAvoy. In
addition, Justice Olmsted makes a separate affl-
daVit, and City Magistrates Peter r Barlow and
Leroy B. Crane submit special afidavits. also.
All are complimentary 10 Justice deuel..