New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-21
A. STEADY STREAM OF TALK.
THE sou1RE-FLYNN INDICTMENT


Of Over and Terminer yesterday concerning the
indictment charging Rolln NJ Squire and Maurice
n FLYNN with conspiracy. Judge Lawrence sat
with impressivc stateness upon the bench and
,ool,cd noljte and tired. The talking was done
nv cx-Iudge Noah Davis and Benjamin Il. Hunt
noton. who talked for Flynn, by Mr.. Howe, who
,oll,ed for Squire, and by Distrct-Attorney Eel
.ovs and his assistant, Mr.. Dos Pass0s who talked
FOR the people" Judge Davis, Mr. Huntington
and Mr. Howe all said that the indictment was
defective. Colonel Fellows and Mr. Dos Passos
sad that it was as sound as nut. The indict-
mont has lain in the pigeon-holes Of the District
Attorneys office for months gathering dust and
dimncss Now for the first time il is in danger Of
being actually tried aud that danger the defend
ants lawyers are trying TO avert on those tech
meal questions which lawyers know so well how
to spring at just the right movement to embarrass
pros Gators, bcfog jurors and bind-up judges.
The question is: Do the acts complained Of
constitute such conspiracy in the words of
he Penal Code operates for the pcrversiOn of
justice and the obstruction of the due admins
tratiOn Of the aws?"
Well, whether they do or not, there can be no
doubt that the eternal bubbles and bitches of the
law which great and wise counsel are forever
bringing up certainly do operate in just that way
10 parvcr; Justice and obstruct the due admins
tfatiOn Of the laws
Now, If Squire and Flynn are guilty oil the acts
charged, they guilty OF agreeing in secret
meeting witnessed by n written compact that in
case Squire could get himself appointed to
tain office and Flynn could get him confirmed,
Squire while taking an oath faithfully to perform
The duties Of Office. should utterly ignore his oath,
strip himself naked of all official power, patron
age and responsibility and with these cloihc Flynn;
acting himself aS Flynn's tool hcnchman and
slave and not as the servant of the public.
But whole day has been occupied by the de-
PENDANTS not in proving this nefarions charge
ftlS 20 I'm N that according q volume
md section that, and to this learned Judge and
that sage commentator. and this wise decision and
that august authority. there should have been
few words more or less in the indictment to make
il legal. And unless say these eminent lawyers.
with many wise looks many shakes of the head
and many THUMBS upon the table, unless these
words put in or taken out a shock will be adj
ministcred to the American system OF Jursprll-
dence at which thoughtful people especially
criminal lawyers, though they don't make this
specification may well trcmble.
ABSENCE OF THE DEFENDANTS.
Neither Squire nor Flynn was present in the
court. Their offence is classcd as a misdemcanor,
and consequently they are not held in strict GUS
tody as defendants in cases of felony, and
probably knowing that the day was to be given up
% talk they concluded that they would not antci-
pate trouble. in case they were acquitted, they
would look back upon a day OF useless torture.
In case they were convicted. il would ONLY serve
as a proloTgation of their sufferngs SO they
stayed away. Tho courtroom was crowded early
".
preference for the settled rain outside rather than
The settled talk within. Finally the judge, the
court officers, the reporters and the lawyers were
Mr. Huntington started the talking inst rs soon
as the judge had taken his seat and he began in a
rcmorselcss way. He took up a huge bundle OF
long closely written pages which he fingered III
such a way as TO carry the painful truth home
10 every one that he proposed to talk as
long as his strength held cut Then he
slowly put On his spectaceS. imprcSslVely cleared
his throat and read his paper through from be-
aiming to end. 1t was probably highly saga
cious document but il did not read like romance.
It's merits were undoubtedly many, but it was
certainly deficient in humor, pathos and magma
ton. When Mr. Huntington became weary,
which in point OF time was long while snbse-
qncGt TO the moment when el erybody else became
weary. he was replaced by Mr. Howe. Mr. Howe
talked more forcihly than Mr. Huntington hat
is there was more Intensity In Ills tones lie
gcsticulated, too with more vigOr, and i'll these
particulars his speech WAS more interesting. iils
attitudes were more impressive than Mr.. Hunting
TOMS being q man of more substance and more
given to picturesque poses lie talked more
RAPIDLY and got through sooner so that ON the
whole, his speech may be SAID 10 have been more
Colonel Fellows had his turn then and he talked
breezily. There was n noticeable difference be
tween the speech of Colonel Fellows anr those that
preceded it, Mr.. Huntington and Mr. Howe had
both talked a great deal about the lHw' Wit.l
which they slowed dexterous familiarity B't
Colonel Fellows talked about the crime OF squire
and Flynn and he painted it in dark and VIVID
colors. lie sad that Squires part IN inc CRIME CRIME
which TO dcscclate the City Hail. while Flynn
to get all the fat obs, to boss the patron
SpG TSe aST S rS that ons
allied the indictment, and he did 1t IN so racy "a
way that Mr.. Huntington felt called upon to IN;
terrupt his flow of cloqucnce; When the Colonel
remarked that Squire would have a hard time
10 convince the people
Mr.. Huntington saw his chance. The people.
he cried. with whitening ScOrn. We are not
trying thi, case before the people,
That he could secure office by any other than
unlawful means" concluded the Colonel, where
upon Mr.. Huntington looked as if hc wished he
had waited till he learned what was going to be
said before lac let out brilliant and destructive
reply TO it.
MIR. CLEvELAND's LACK or ORIGINALITY
Mr. Dos Passos talked when Colonel Fellowss
energies tagged and made the astounding state
meut that the celebrated phrase, Public office is
public trust" was not original with President
Cleveland, bat that its real author was Lord
Chief-Justce Loughborough. The Importance of
Mr. Dos passOSsS speech therefore, cannot he
pvercstimatcd. II appears that phrase which was
given TO the public, not in an unconsldered stump
speech. but in public document was crlbbed'
from Lord LOughbOr0ug h with as little mercy as
il he were volume of the American Cyclopaedia.
In the face of this revelation, made by one of his
own partisans, in an official declaration as to INC
validity of the Indictment against Flynn and
Squire il is difficult TO see how MIR. Cleveland can
Offer himself again for public suffrage. Mr.. Howe
clearly much alarmed by the disclosure, lOf
he loudly protested that Mr. Cleveland had first
created the phrase. But Mr. Dos Passes saw at
that if he allowed himself TO be disputed IN
this, he threw his entire argument open 10 doubt
and suspicion. lie had shown himself remark,
ably familiar with authorities even having quoted
Moses as to the duties Of Judges SO that when
he insisted that Lord IOughborOugh in 100 had
said, " This transaction concerns a public Office,
deemed by lew 10 be place OF public trust
Mr. Howe sat down crushed Whatever happens
TO Flynn aud Squire, Mr.. Dos PassoS must be adj
mttcd to have made an important speech
IL was late in the afternoon when eN-Jndge
Davis's opportunity came. and lac talked steadily
until court adjourned. lie began by saving that
be depended upon Judge Lawrnccs knowledge
of English history. Ia WV Of this llalterhg iact
knowledge of the English language upon which
he might be supposed to be even better informed
than upon English history. But apparently he
could not for he explained what these words ana
those words. and The other words meant untI