The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-08
NO SECOND TRIAL FOR HOOKER
THE ASSEMBLY KILLS A MOTION
TO REOPEN THE CASE.
ny . Vote OF 50 to 30 1t Refuses to Take
From the Judiciary Committee the
Resolution Demanding q Second Trial
MIR. Rogers Votes for the Motion.

- y NONb VI 0o 10 ~ ~ heCAuyCc w AAhO
From the Judiciary Committee the
Resolution Demanding q Second Trial
Mr.. Rogers Votes for the Motion.
ALBANY, March Unless Supreme Court
Justice Warren B.. Hooker commits some
act on the bench that will demand his i'm
parchment or removal, he can continue to
sit as q justice of the Supreme Court for
the remainder Of his term. To-day the
Assembly reversed itself as neatly as pos
sible in regard to Judge Hooker. The
men who had voted last July against his
retention on the bench, to-day said that
they believed he should be removed, but
they voted to make 1t impossible TO remove
him. The Hooker incident is now q closed
one. No one apologized for him. They
had sufficient 10 apologize for themselves,
The new leaders in the Assembly went
on record to-day as against a second trial
OF the accused justice. Every one Of them
who spoke said that he had not reversed
his position on the matter of removal.
Each one said that he would vote for re-
moval again IL the Judge was brought to
trial, but each one said that the question
Of trial or Of charges didn't enter into the
incident before the House to-day. Justice
Hooker has been saved and by the men
who last year voted to remove him. Two
men who voted to save him last year voted
for what was practically a second trial.
They were Assemblymen Rogers of Broome
and Gates Of Oneida. Every member
present at to-day's session was recorded
n way or the other. Even Speaker Wads-
worth had his name called 30 that he could
vote and not escape going on record, as
J Offan tho Spaalfnr lnaa whan n motion ho q
been defeated or carried without his vote.
The means employed to prevent a second
trial Of Justice Hooker was, through the
motion, Of Assemblyman Tompkins (Tam),
to discharge the Assembly Judiciary Com
mittee from flu ther consideration of the
resolution demanding that Justice Hooker
be placed on trial again. No one arg ued
that the charges were of such q character
that they should not be pressed again.
They talked Of precedent and Majority
Leader Moreland made the startling state
ment that there were no charges before
the Assembly. 1t was anything to avoid
the issue, and the new element Joined hands
with the old in saving a discredited judge.
Assemblyman Prentice of New York city
was the only Republican from that county
who voted to discharge the committee
and spoke In favor Of the motion. He
declared with emphasis that Judge Hooker
should be removed. The other Republican
| Assemblymen from New York contented
l Wlpu Notl1B oBdlllDt tuS
and were silent.
The Kings county Republican members,
however, were almost a unit for the motion.
Only three Republicans from that county
men Bowling, O'Neil and Foelker. The
motion was defeated by q vote Of ayes so,
noes 81. Those who voted to have the
committee discharged were:
Republicans-Averill. Beebe, Becker and
Whitley of Monroe, DeGroot OF Queens,
S~huttleworth Of Erie, Evans. Gates and Pratt
of Oneida, Colne, Greene. W. /. Lee. Murphy,
sprenGer and Weber Of Kings, Hooker Of
Genesee, Lewis of Oswego. Nevins OF Wyo-
ming, Prentice Of New York. F. E. Allen and
Rogers of Broome, Walk Of Warren, Winters
OF Tioga and j. E. Smith of Cattaraugus.
Democrats-Bernstein, Bohan, ~Burzynski,
Carnochan, Dressing, Eagelton, Feth, Grady,
Hackett. Harawitz, Reyes. LaFetra, A. e. Lee,
Lynch, Nolan, oglesby, @. NJ. Palmer. Quinn.
Shanahan, Thompson, Schwegler. Tompkins,
| and Wedemyer.
Municipal Ownership-Harvey. Schmitt and
NJ. +. Smith.
These Democrats voted against the mo-
ton: Bird, Kavanngh. Reilly. Salamon,
Sammon, A. Z, Smith and Campbell, and
Eckmann, Municipal Ownership, also voted
against the motion.
The debate on the motion occupied over
two hours and the only one who voted last
summer to aoouit Justice Hooker who took
part in the debate was Assemblyman Mer-
rift. He made it plain that the only reason
he took his position to-day was because
the new leaders were anxious to have tn q
motion defeated and he wantedto bearegu-
lar and not a volunteer.
Justice Hooker, however, was not spared
by anybody. Indeed the contempt in
which he is held by all was shown in the
Westohester) likened him unto a thief,
drawing a parallel between his position
and that Of a darkey in the South who was
continually stealing. He ever charged
that the moneys that had been paid to the
Hooker appointees had indirectly found
their way into the Hooker Golfers.
Assemblyman Tompkins re! erred to the
fact that one of the partners in the traf-
ticking in public Office George W. Beavers)
was now in prison a confessed criminal,
I while another was on the bench.
Assemblyman Harrowitz made a general
attack upon the judiciary and brought In
the case of Justice Deuel., saying: Look
at the spectacle of a man like Justice Deuel.
on the BENCH
! Assemblyman Bird Of Kings had him
called to order.
AS was expected, the statement given
out Monday by Speaker Wadsworth was
the clue for all who wanted Justice Hooker
tried again, but couldn't vote that way
under the new order Of things, TO try TO
reconcile their positions to-day with that
Of last July. In his statement Speaker
Wadsworth spoke about precedent. So did
all Of the others speakers to-day. Mr.,
Moreland even went so far as to exclaim
in great glee that there were no charges
before the Legislature against Justice
Hooker, which caused one member who
had voted against Justice Hooker's removal
last summer to say: ANY port in a storm,
you know
Assemblymen Tompkins, Hooker, Prem
tice, Oglesby and Palmer riddled their argrl-
ments full OF holes. Messrs. Prentice and
Hooker declared that there was no reason
why the charges shouldn't be pressed again
and that Judge Hooker should be removed
from the bench.
Assemblymen Cox, Steele, Sohoeneck
and Moreland ~endeavored to justify their
position and managed to get the majority
Of the members with them, and now Justice.
Hooker is free from any further worry
about his liability TO lose his salary Of
$i7 500 a year.
Water Supply RiIi ReDOrted,