New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-08-20
SQUIRE AND FLYNN PLEAD.
ANXIOUS FOR TRIAL IN ANOTHER COURT.

| spectators before Judge Cowing N tho No"r'
of General Sessions yesterday. when the case OF
Commissioner Squire and Maurice u. Flynn was
called for pleading Colonel Ingersol sat behind cI
Judge Fullerton who has been present whenever the
cases have been called and who appears to be, as
Colonel Ingersol IT, interested. in Squirrels defence
Lawyer Richard s. Newcombe, whoseEhair has turned
rapdlv gray in the last few months under the abors
which the numerous difficulties Of bis clients have
recently imposed on him, earysn attendance. but
his CLIENT Flynn, did not appear, having furnished
on authorization for his counsel to represent him.
Commissioner Squire and his counsel John H.
Srahan appeared later and after a few minutes cor
yersation between the lawyers Squire eat down near
Colonel IngersolI and ex-Judgo Fullerton, while
Messrs. Newcombe and !Strahan stood in front OF
| Judge Cowing.
Mr.. Ncwsombe said,
We are In no better condition 10 plead to-day than
Yesterday, a copy of the indictment did not reach
my office until l bad lett 1t yesterday will, how
ever accept your HpnSrs suggestion maze of nay
guilty with leave to change the plea in few days
Mr. Newcombe wanted ten days in which to take
vacation and change the plea, but Judge Cowing
granted only week in which the change might be
made Mr.. Strahan entered the same plea on behalf
of Commissioners Squire Assistant District-Attorney
| Nico said
Iuow give notice to th~defendpts and their counsel
that this will be placed the calendar Tor trial
| on the first Monday of September.
| Mr. Newconbe-Put that in writing, will you not 7
may forget the date.
Judge Cowiug then directed the adjor rnment OF the
court.
Mr. Newcombe's clerk, John B. Toner, called at the
Attorneys office late in the afternoon and
endeavored TO serve an affidavit and notice of motion
which showed what the step of the defence in the
Sauire FLYNN will be. The office OF the District
Attorneys Chief Clerk closed and the papers
not served, but they will be served this morning.
The affidavit on which the motion will be based is
follows:
Ron NJ. Squire and Maurice b. Flynn, both of the
City of New}ork, being duly sworn each Tor himself
That they are now both under indictment charging
them with conspiracy under Section l6S OF the Penal
| Code
The defendant, Rollin NJ. Squire, is and has been
| since the 3lst day OF December 1854, Commissioners
of Public Works in aud for the City of New-iork,
which il an Office of very considerable Importance in
said city, employing sometimes as many as one
thousand and six hundred persons and cxpending IN
the course of the business of the Office about four ana
one-half millions of dollars per annun and collecting
about two and one quarter millions of dollars. -
Shortly prior to and subsequent to the finding OF
said Indictment warm and bitter feelings have been
excited against both by politicians and the acton
of the press the latter containing daily false and
malicious statements against both and editorials or
| an infammabe character urged, as we DelleVc, ny
personal and political foes with intent to prejudice US
upon a trial of said indictment by reason whereof
| the offence with which We are charged has become
| distorted and magnifed.
That the Hon. Henry A. Gildersleeve. one OF the
indges presiding the Court Of General Sessions, 10
necessary and material witness for the defendants
upon the trial Of this indictment are advised by
our counsel and as We. believe. .
| That upon the trial of said indictment there will
arise also advised by counsel and as we
believe grave and difficult questions of law
That annexed hereto some extracts from the
daily press OF this city published concerning us.
ROLLS NJ. SQUIRE
| MAURICE Is. FLYNN.
] oc. Al
editorial comments in the city newspapers, in which
the of the defendants severely consumed The
affidavit Is sworn befors John Il Toner of Mr..
| Ncwcombes oiics notice accompanies 1t In which
| Messrs. Newcombe and S'rahan say that they will
make n motion on August 30 before a Supreme Court
Justice TO have the trial of the indictment against
Squire aud Flynn removed to the Court of Oyer and
| rcrminer. Mr.. MARITIME had already given notioe that
the case would be called for trial in tho General Ses
sions Court which meets on September g. The motion
viii be argued before the justice who will hold cham
| bers on the }Oth instant. Justice Parker of Ulster
| County will probably sit in chambers at that time
The result of the application may be to delay for
time the trial of the charges against the missioner
snd the contractor. similar application made in
the case of Marin Mandelbaum who was indicted
in August 1854. Her trial tosbe set for early
| day in September but her lawyers succeeded in
obtaining a stay of proceedings and made a motion
before Judge DOnohue to have the transferred to
the Court 1i Oyer and Terminer. Decision was
reserved and a decision not rendered until
| November. when the transfer was ordered Similar
proceedings in the Squire Flynn case might cause
like delay If the Judge before whom the motion WAS
made did not promptly deny tho motion The Court
of Over and Terminer the first Monday in
| November and usually adjourns for week before
! taking up business
The design Of tho defence. II said by official
who had knowledge of the subject, was probably
TO delay trial Of the case, If not the removal of
Squire until after the election. The Governor may
say that he Ia satisfied with the character OF the
| testimony taken before the Mayor as much OF 1t Is
| hcarsay evidence. The counsel for Squire ma, AK
that decision be reserved until the criminal cas- Is
decided Then If n willing justice can be found will
he possible to- have the DELAYED, by transferring
to court which does not for the trial of cases,
| until after the election by inducing the judge to
| withhold an immediate decision
Formal notices to appear before the Governor in tho
by both the Mayor and Commissioner Squire. The
Mayor will be represented by Wheeler II. Peckha
| and Francis NJ. Scott and Commissioner Squire by
| John Ii. Strahan.
| MR. sTOKEs's INTEREST IN TELEGRAPH STOCK.
| An application was made yesterday TO Justice
Potter the Supreme Court Chambers by Roger Foster in
Of Benedict Wise holder of receivers certificates
in proceedings $4,000 of the
an appcaon recently made IN behalf Ed%aa soSss
that certain securities OF the company es Turned
The Application opposed BY DAVID + Mcclure, icI
900 mortgage and prior one Of s3ooooo io held
that covered those MT Foster
urged that proceedings had yet been
uhay Mr. had legal title " the prop
| cTty
Ingersol for Mt Stokes. upheld the view OF Mr.
Mcclure client had interest in Tie matter
the lien of the certificates After the sale had
en from the property sold to tho proceeds OF the
tho sale would be- denson and confidence
game every Judge buncO Decision
| reserved
MR.. sHAWS DEFENCE IN DIVORCE CASE.
| In the suit for limited divorce the ground of
cruelty brought by Margaret shaw against Christopher
G. shaw pending Supreme Court Brooklyn. the
in