New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-01
FLYNN AND SQUIRE HOPEFUL
, A BAD START FOR THE PROSECUTION.
COLONEL FELLOWS AND HIS ASSISTANTS UNABLE TO
COPE WITH THE DErrNCF.

II the prosecution In the Squire Flynn conspiracy case
must fall to pieces and the court VIII convene to-
nay only for the purpose Of setting the unred DEFEND
ants free However the Judge is constrained to rule
nm the Question of law with which the mastor-mnds
Of the defence have barrcadcd the prosecutions path
Ind which now awaits the decision OF the court, the
way in which the peoples interests have been handled
BY the District Attorney from the time he moved the
easc for trial until the adjournment OF the court yes
rday to be explained only by assuming that he does
not care what the public thinks The prosecution has
becn left thus far almost entirely in the hands OF
young inexperienced assistant who felt called upon e
apologize for the utter inadequacy Of his opening
speech by telling the jury that he had never been en-
gagged In a criminal trial before, and who, with nc
proper at his command has been little else
than the football OF the powerful advocates engaged in
the defence 1t really painful to witness many
Of tho scenes in court yesterday while Mr. Dos Passo
was stumbling through his speech, At times he was
entirely ncoherent and when occasionally, through
ignorance Of the proper limits of an opening speech
he involved himself controversies with Mr. Cochran
and Mr.. Howe his plight awOkc universal sympathy
And yet Mr.. Dos Passes is doubtless clever young
man perfectly able to perform the ordinary duties OF
q prosecutor lie simply far out OF his depth.
TUE DISTRICT ATTORNEY HIMSELF OVER
MATCHED
But the result. far the peoples interests arc
concerned is ruinous and the fault lies with Colonel
Follows IL is true enough that later in the day
formidable advcrsarIes he found himself badly over
matched But most people who witnessed the en-
counter were moved to suspect that his disadvantage
lay rather In his owe failure tt study his and
master the law and the decisions bearing it, than
because he was Inferior In at'.ity. The plain fact
is this; Either the law is entirely clear In for
bidding the use of such evidence constitutes the
peoples the District Attorney has gone to trial.
knowing that he had to meet the very flower Of the
New York criminal bar, not only negectng to provide
competent men to present the peoples case but with
out preparation for himself If the law is thus clear
and Colonel Fellows unable to show that 1t not
the State should have bccn spared the expense Of a
hIal. Bu! the iUd1t being tried drawn
by Judge MARITIME, Delaney Nicon and Mckenzie
Semple. Tho suspicion of sovenlincss does not ex-
list against them, and II wholly absurd that the
law should be so LUMINOSITY Mr.. Cochran AYERS
II is and they be In ignorance of IT, The other theory
that Colonei Fellows has been lax in preparing his
case as he is weak In presenting it. be considered
Gar the more probable
THE PROSECUTIONS FEEBLE OPENING.
The proceedings were opened by Mr. Dos Passos
who undertook to tell the jury what he was going
to prove He had rather distinguished audience.
In addition to the counsel the other side, exChef
Justice Noah Davis, W. BOurke Cochran. ex-Judge
Dtteahoefcr, ex-Judge Huntington, and Messrs. Howe
Iummcl, the enclosure for the bar full of prom
inent persons. Justice Dykeman, OF the Second
Edison, Richard s. Ncwcombc, representatives from
the District Attorneys and Corporation Counsels
Offices and a room crowded With the general public
offered hi'1 audience well worth his bcst efforts
The Opportunity for dramatic and effective speech
was exceont. He had prepared copiOus notes OF
what he wanted to say, modelled for the most part
GA tho "boodle" openings of Mr.. kcolL BUT
was nervous and frightened and spoke feehly and
with marked hesitation He instructed ibc Jurors
~ to their dsty and then enlightened thcn upon his
own. HE intmated that he was struggling against
many rs by feeling illusions to the strength of the
dcfcnda It's lawyers. Thea he adverted TO the In
6ictbent ard instead of interesting the jury with
vcrbage with all It's eternal to wits and aorcsads It's
whereascs and its hereinbefoc meDtoneds with the
he produced tho law and read al great longth from
this and that SI fa ng e to tine
public. 1t is in these words
Now-York, Dec. 90, 1884
Maurice b. Flynn, ESQ.,,
than four County Democracy Aldermen who shall vote
for my confirmation as Commissioner of Public Works
for that Office hereby agree to place my resignation
as Commissioner, In case of my confirmation in your
hands whenever you may demand the same and fur
Their, to make no appointment In said ONCE without
you may suggest and request and to transact the bust
yours, ROLllN NJ. SQUIRE
The net information to be extracted rom Mr.. Dos
Passoss speech that the writing of this letter
suant to an oral agreement between Thompson Squire
and Flynn, of which the letter expressed the terms
and which consummaed In Squre's appointment
co Gd Criminal Conspiracy and vlO
lation of those sections OF the code which make
operation OF the laws, and which prohibit public
official from permitting any other person to dis.
at --Lha- ~-sqlures appointment
was in some sort described Thom IsaIa fe S
desired
refused his request; SO many OF the Aiermen were
piSsr nominaion as, in fact he did defeat that Of
Fiiz S, John Porter M this nncsrs SQUIRE, who wss
somewhat favorablv known to Thompson and an old
school friend Of MIR Edison, bolbod up; He and
Thompson arranged that he should he confirmed u ne
hat he was to act under Flynn's orders so long as
&c held Office and retire pr rptly Wiz thompson
MR. DOS PAssOS MADE UNHAPPY
In his effort to place these facts before the jury
asy enough to do had he contenteh himself with the
tatemcnt that they were what he intended to prove
Mr. Dos Passos began to tell what Squire had said In
he hearing before Mayor Grace in 1885, to which, OF
curse, Mr. Cochran Objected on the ground that no
vas making statements as TO how be meant J. prove
Ilegatlons to the competency OF which there was
he eravest doubt. Mr. Dos Passos replied thai ne |
Id not intend to present his case according to MIR.
,ockran,s directions calling forth the reort that the
ase would be much better presented were he to do So
he court explained what he could and could not say
,nder the rnles and he procce1el few minutes
ater he srayed away into prohibited paths again. when
fr Howe lnterposed his objection. THIS encltea
much yexaton from Mr.. Dos PassOs and the remark
hat this was his criminal and he wanted to
o successful an admission more candid than Wise.
tl thru INTERRUPTION was necessary when he began
read the letter Of resignation which Squire wrote ana
eposited with Lawyer T. s. Newcombe. =.
ii could get through much sooner II you would lot
ne aloner cried Mr.. Dos Pokkos .,,,
"WbiIe bound to c0ncede that as highly deslraoie,.
eplIed Mr. Cochran mercilessly, can't pay 10 gros'
price for It," The letter was not read
A PASSAGE WITH JUDGE DAVIS
At last Mr.. Dos Passos concluded his speeoh ana
udee Davis interposed objection to tho reception
any evidence under any of the Twenty-Five counts
I the Indictment, on the ground that none of them
nat, out spv real offence against the laws Tbs
cling denied. he moved that tho Dstr'ct-Attorney DC
equred to elect which of the counts he should pro
eed under.