New-York tribune., 1907-12-14
WON'T DEPOSE DEUEL..
REFEREE FOR JUSTICE.
No Censure for Connection srith
"Tozun Topics

I,,e5fca Joseph II. Deuel. whose removal from
office as a Justice OF the Court OF Special Ses-
Sims was asked for by William Travers Jerome
District Attorney, as citizen, ana fooerI .
Collier was exonerated yesterday in the report
of ex-Justtce Martin l. Stover. who was ap-
rointed referee IN the case by the Appellate d.
vision of the Supreme Court But Howard :
Cans counsel for tie cornpIainants. will file an
anpIicstion with the Appellate Division for the
justices removal.
Justice Deuel. was charged b. NJ. Jerome and
Mr. Collier with having been engaged in CARY
ing on business while public official He was
also charged with having been connected with
the publication known as Town Topics IN d
scheme for Illegally extortins money by threat
ening publications derogatory TO persons o.
standing in society. IN the summary Of his
report Dir Stover asserted that in his oplhloh'
none Of the charges are sustained by the eVi-
dence-
In regard TO the charge OF e<tortion the ref
cree said that in the final submission Of the case
the counsel for the compliments stated tnat II
had proved impracticable 20 produce substahtl-l
evidence but quoted certain evidence which IS
considered by counsel highly suggestive
The referee is Of the opinion" says the re-
port. that no evidence whatever has oeeh PIO-
duced in this proceeding TO SUostaIltlAte Ni0
charges Of blacknaiI. and there is no evidence
sDondent or any one connected with him IN any
way was engaged in the practice Of blackilal
or extortfon charged in the petition The ohlS
substantial evidence produced IS that realms
to the charge Of carrying on business IN VIZ
Iatlon OF the provisions OF law
Ex-Justice Stover then quoted the statue
which requires justice TO devote ms "Ao40
time and capacity, as far as the pubic inter
ests demand 10 the duties Of his office 4hefe
were no charges made. he said that justice
Deuel. neglected any OF the duties Of his ONCE
and his connection with Town Topics" in MS
opinion, was not what might be termed carry
ing on business"
eft would be an unwarranted construction OF
this statute" he declared, "to say that justice
who happened 10 have some literary inclnaI4oH
might not in leisure hours. either for purposes
OF recreation or for simple employment devote
part OF his time TO literature. receiving coiHEeH
satIon for his efforts in that directoh- lie Is
IN devote his whole time and capacity, so iaF as
the public interests demand. 10 the duties OF MS
Office. When he has done this he may occupy
his remaining time as he sees fit
"1fucb was said about the character OF the
,brcat,on-" continues the report OF the ref
&c ,. bur after ALL II seems merely to have
banr the usual scheme of publications that Pur-
mort TO treat OF leading men and women eA-
.cen+ that IL appealed TO the very wealthy ana
very vain who were willing TO pay the price
asked Town Topics was not necessary 10 'h7
,,e1rara OF the citizens of New York, and many
of fts items were open to criticism. Many olner
r,bl,oatfops newspapers and magazines are
one, 10 the same criticism. It vas not shown
that the respondent responsible for or had
any connection with these items. The petition
.ers charged the general character OF the pub"
1;cation TO be Illegal but am OF the opinion
that the evidence does not sustain the charge
Many Of the items published might, II untrue
he considered Hbelous. but there Is no evidence
as TO their truth or falsity
=, vas brought out in the testimony. accord
,- 20 the report OF ex-Justice Slower that Jus
+ic, T,auaVs connection with the Town Topics
r,,par,- grew out OF his personal relations with
colonel Mann. the president. and his family
During January. 1895. Justice Deuel. was made
trustee of the estate of the daughter OF Colonel
Mann. a large portion Of which was invested in
the Town Topics company and the "Ess Ess"
ITO summarize" ex-Justice Slower SAID the |
evidence in my opinion does not warrant a find |
ing that the respondent engaged in carry |
ing on business There IS evidence to sus- |
tain the charge Of bIackmail and extortion- !
am of the opinion that none OF the charges are |
by the evidence"
Howard s. Cans. who acted counsel fo- the !
said after the refsree's opinion /
and decision had been handed In that ne would. |
nevertheless. Immediately file an application |
with the Appellate Division demanding the JUS |
tees removal.