The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-03-03
ASK FOR DEUEL'S REMOVAL.
JEROME, OSBORNE AND SHEPARD
BEGIN PROCEEDINGS.
The Justice Served In His Chambers After
His Return From Torida-Five Speci.
locations in the Charges which Practi-
oaily Allege Sharing in Biackmail.

proceedings yesterday 10 remove uubUlce
Joseph NJ. Deuel. Of the Court Of Special
Sessions from the bench.
Charges against Justice Deuel., based on
evidence admitted in the libel suit Of Justice
Deuel. against Editor Hapgood Of Colher'S
Weekly and information obtained from
other sources by Mr.. Jerome, Mr.. Osborne
and Mr.. Shepard, were prepared for sub
mission to the Appellate Division OF the
Supreme Court and served on Justice Deuel.
in his chambers.
The petitioners will appear before the
Appellate Division on March 20 to ask that
the court inquire into the charges against
Justice Deuel..
The Justice got back from Florida yester-
day. He hadn't been in his chambers
very long when Justices Wyatt and MoAvoy
Of the Court of Special Sessions greeted him.
Presently Mr.. Jams came in and without
comment served the papers containing the
charges on the Justice.
Have you any objection to the charges
being made public2" Mr.. Cans asked.
None whatever, . said Justice Deuel..
He refused to make any statement at the
time and later inquiry at his house was met
with the statement that the Justice wasn't
at home.r
The Appellate Division will set a date
when appearance can be made and the
appointment OF a referee asked for. This
month Justice Deuel is scheduled to sit
as presiding Justice Of the Court Of Special
Sessions, 1t was said yesterday that an
arrangement will be made by his collea CUES
whereby another Justice will relieve him.
The District Attorney, Mr.. Osborne and
Mr., Shepard set out in the papers served on
Deuel. that they were enga ged in the trial
Of Norman Hapgood for criminal libel last
January, Jerome for the State, Osborne
and Shepard for the defendant, and that
such facts and circumstances developed
concerning Justice Deuel. as make it their
duty as officers Of the court to ask the
Court to consider the conduct Of the Justice
and take u action as may be proper.
The charges prepared contain five speoifi-
cations. The first sets out that ever since
July /, 1905, when Deuel. was appointed a
City Magistrate, and for some tire prior
to that, he has been engaged in the bust
ness of owning, managing, editing, print
ing, canvassing for and selling publications
known as Toton Topics, the Smart Set and
"Fads and Fancies" and that he has had
an active interest In the Town Topics Pub
fishing Company, the Ess Ess Publish
ing Company, the Smart Set Publishing
Company and the Printers and Publishers
Realty Company.
Justice Deuel., the petitioners declare,
carried on the business mentioned will
fully, knowing that he was forbidden by
law to do 30. The third specification reads:
That at all the times herein mentioned
the said Town Topics Publishing Company
was engaged In the publication and sale Of a
. Is - - rN u.n No TfA,Hn TA-.-a
wherein there was repeatedly and %continu-
ously published and printed abusive. Gala
| cious, scurrilous, scandalous and libellous
matter. as the said Joseph NJ. Deuel. well knew.
1t was part OF Deuel's business in running
ToWn Topics, the petitioners declare, to
read abusive, salacious, sourrilous, scan
dalous and libellous matter proposed to be
published" and to edit and modify the
matter SO as to decrease danger Of civil
or criminal liability. The fifth specifca-
ton contains the meat of the charges and
reads as follows;
That it was part Of the bus mess carried
on by the said corporation and by divers
persons associated Overwhelmingly, Wall
lam d, Mann, Charles Stokes Wayne. Moses
Ellis Wooster. Robert A. Irving and divers
others-to solicit, urge. coerce and compel the
payment of large sums OF money to them,
OF 10 lnt "a companies, vi " ptlSOilb .
ISOLATED Herewith. by persons of supposed
means or social standing in the community.
by means OF overt or covert threats to the
said persons that unless they would and
did subscribe for a book to be published
by the said Town Topics PUBLISHING Com
pany in the future(and would and did agree
to pay therefor an exorbitant and extrava-
cant sum, far In excess Of its true value,
and unless they would and did pay such
sums of money as loans to persons connected
with such enterprises. or as subscription to
the stock thereof, or in payment OF the sub
scription price OF the publication therefor, or
for advertisements in the said publication.
OF under some other guise or pretense. the
said Town Topics Publishing Company would
cause to be published in Its said publication.
Torn Topics, matter derogatory to the person
80 refusing to pay: and a further part OF
the business OF the said corporation and
enterprise and of the said persons engaged
therein was to procure and induce persons
TO pay to them under said guises and pre-
lenses large sums OF money upon statements
or lntimations that II such payments were
mad the said Town Topics Publishing
Company would cause to be published in
it's said publication, known as ToWn Topics.
matter In pra Use OF or favorable comment
upon the person so payinR and would re-
frain from publishing any matter derogatory
10 them; and II was the custom In the con-
duct of the said Town Topics publishing
Company to cause TO be published OF per-
sons thus refusing to pay matter that was
derogatory, and to publish matter in praise
OF favorable comment upon persons thus
naying; all OF which the IA i'd Joseph NJ. Deuel.
at all the times herein mentioned either
knew or should have known. and by the
exercise of due care and diligence could
have nown.
Mr.. Cans is not retained by the petitioners,
but was asked by Mr.. Jerome to represent
them because of his familiarity with the
proceedings that we're taken in the re-
moval OF Municipal Justice Bolte.
1t wal said yesterday that the District
Attorney and his associates in the pro-
ceeding will submit to the Appellate Divi-
sion a number Of facts about Justice Deuel's
connection with Topn Topics thst were
barely limited at during the Hapgood trial.
Son Born TO American Countess.
Special Gable Despatch 10 THE SUN.
LONDON, March 2.-rhe Countess Of