New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-11
THE TALK OF THE CITY.
THE LESSON OF TIE sQUIRE-FLYNN CASE
WHAT COLONEL FELLOWS MIGHT HAVE DONE-TuE
COST TO THE PEOPLE.

WHAT COLONEL FELLOWS MIGHT HAVE DOSE-TuE
COST TO THE PEOPLE.
New-lorH has not heard the last OF RolliH NJ Squire
10y good deal His aspirations have not even been
checked by his experience as a defendant in a Grim
ina action lIe has no sympathy with the popular
Impression that he is political adventurer lie
sders himself a man of genius and a reformcr He
has much dillculty In comprchending why he should
not succeed in imposing this View Of his character
and services upon the community II William Il. Grace
and his young man Wins do so. If they are re-
formers, why not squire This position is not with
out certain clements of strength No one knows bet
ter than Squire the details of the conspiracy formed
40 get him Of Office before the automatic bouncing
deter discovered However much people may
,sympahlze with the object Of the conspiracy, tho
methods employed to further It out Squirrel Squire
oWt-flynntd Flynn out-ThompsOned even the bury
ehlcf Of the County Democracy. Tho people Of New
foyk have no conception OF what they lost by
OF oioncl Feilowss failure to make out against
iheitwo defendants Had the trial assumed It's proper
proportions to speak with entire cahdor had Colonel
fellows used tho competent and perfectly admissible
evidence at his disposal had he tried tho the
lines prepared 10y Martina and Nccll, the defence
would have brought out such evidence would have
placed only them but other men trial before
tho public.
One of Judge Marines assistants told me yester-
day what the prepared by Nicoi was. 1t
scheme of prosecution, dramatic. perfectly linked
STRONG IN all It's parts 10 appreciate III Clearly,
must first advert briefly to the performance of Eel
lows There two ancient laws governing the al
mission of evidence In a 81 of conspiracy. These
laws elementary, fundamental and a part of tho
alphabet of the law. They require % That prima
facc case of conspiracy must be made out by the pros
ecuilon before other evidence tending to sustain
plain and throw crrumst antal light upon it Is intro
duced, and 2 that the admissions of any cOnspiratOr
made not In furthcrance of the conspiracy, but after
II Is ended and cOEsummated be introduced in
evidence against co-consprator; to be admissible,
such declarations be made during tho progress OF
The plot and with View to Its assistance.
With these aN.oms of the law staring him in tho face
and after he had pretty we'll ruined his case anyhow
by letting tho young and feeble Passos obtain the
jury and make the opening speech, the Colonel put
Wins on the witness stand and asked him tQaell what
Flynn and Thompson had said TO him aft SQuircs's
confirmation. This good evidence only after he
had made out his prima facio case and then only in
the event that the admissions made In further
anco of the plot, or that they were confessions of
Flynn and Thompson had said TO hun after Squrc's
But In the first place, Fellows had not made out his
conspiracy in tho second, he utterly ruined his evil
lonce declaration made TO help along tho
sprscy by conceding without the slightest
sense that the conspiracy ended when Squire took the
oath OF Office and in the third place he failed pre-
scnt the evidence clearly in the light Of confessions
This Is how be lost the case You can call 1t stu
pidy or what you please, but perhaps II may be Of
assistance In finding the correct name for II just to
narrate What Sir. Marines assistant told Of the
original plan.