New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-03-02
SQUIRE AND FLYNN CLEARED.
THE STATES IGNoMIN1pUs FAILURE
THE DEFENDANTS NOT EVEN PUT TO ihA r"o"
THE rRI>L A FARCE.


pou,n n souirc and Maurice b. Flynn have been
Aec,and nv the verdict of jury, acting unocr 'n0
eompulsory Instructions OF the court no' e""' u w.
charge of conspiracy made In inc 'hu'o'"o"' &c.
them and have been discharged as Tree anu inno'."'
NON Now Il was upoL this same charge tha' mr.
Squire was removed BY Mayor Grace anu "o'o'"o
Mr., ,oo his Office IL he is innocent, tho remoVai
v.. u,rona II Il was wrong. he has perfect ca'o
for restoration and for the recovery oi MS sa'"s
vrhch Commiss Toner New on has been Receiving ioi 'o
,.., eighteen months This result has Teen rcacheu'
not upon a trial of the cause but upon tho aoloct
and bpmilstina failure of the prosecution TO present
legal case. The defendants were not even pun up'"
their proofs.
Colonel Fellows says It Is not his fault He ~ouia
probably say the same thing as to all the other nc
ouittals which have been obtained since he has peeh
In Office. He has not won single case OF any I'M
portanoe His record of convictions Is almost eh'irc-
IL made up Of pleas of guilty on the part OF petty
malcfactors IN the General Sessions Court de ios'
the only murder that have been tried since
he took Office Cardonna was acquitted. Antonio
DAndrea was acquitted and that, too righ' al'or
Assistant District Attorney Purdy, whom Coohei foi
loves refused retain IL the office, had accomplished
Hhe much more difficult feat of convcting his accom-
plicc and paramour, Mrs Cgnarae, who Is no" unuoi
sentence Of death.
PRESENTING A RIDICULOUS PICTURE
The situation In court yesterday when Coiohei ror
lows capitulacd to Dourks Cochran ana MI ho"o
was ridiculous In the extreme no" 1uoso Ia" ~.
continued TO Keep his face straight Is mys'cr'' ~
spectators decorous, but their oo"u'''on
ward merriment was apparent. Having meehiy sur
nder,d the Colonel addressed to the court iaDoreu
.nocb which placed the res possibility OF his failure
upon Providence. He said that the oea'h u a" %
genital witness, by which he referred u |h"io'
Miller had deprived him OF the evidence nc hoouou
The defendants lawyers, having obtained I'LL 'hoS
uantoa felt that they could we'll afford to be merci
nayis
Dlstrct-Attorney.
Whom court convened in the morning, Juosc Law"
renee delivered his decisions on tho two quesuohs oi
law which had been submitted TO him inc Ai'oi'oo
before Those were first. whether the o'cr' a0~
done nv the cons prators IN the furtheance OF 'nor
Mot could be shown before the conspiracy iVsoi va"
proved: and second, whether the statements oi INC
eonsprators made after the conspiracy had oeeh
scoomplls he'd. could be proved as evidence asahs'
either OF them He decided as to the second question
that the views Of the defence were correct al" 'Hs
such questions inadmissble
AS to the rst, he declared that the rule was asn'.
the admission of such evidence before tho conspiracy
Was established but that the rule, WHO s'iheo''
WAS within the discretion OF the court, anu th@' Ho
was disposed to give the prosecution all Tue 100
he could. Practically, both these docsion' WIZ "
tories for the defence and under them 'no o''o""0
of Chamberlain Wins as TO what tNnh anu AhoN'p,o"
,sd 10 him after squire had actually secured the once
was incompetent, since their admissions were noioi'
, narration OF past occurrences and not made during
tbo tendency of the conspiracy or for its furtherao
WEAK CASE FOR THE STATE
The positon OF the State throughout this entire
controversy v as lamontably weak lhls inu'o.no"'
hd nat been hastily nor incOnsldcraely drawn Juose
Iavrnce himself had decided that II was eoou ~
.e h,ouebt after at least other had been prevE
onslv found and was accepted by Mr. MARITIME ana
Mr. Nicou as the stronger They never in'0n"Vu "
AIRY II upon any such evidence as Coiohei fo"o"'
oecrcd IL was their intention TO claim tha' TINS oon
,pracv was 10 secure and also to use the ONCE ho'
&C the defence averred and Us Colonel FOLLOWS p'a"
ideally conceded, to get 1t with The vie" VI uo'ne
..r.in tbines with 1t. II II was continuous con-
spiracy, 1t expired only when squire was r'H'o'ou
If It was merely to obtain The once 'or 0oi'" 0N
moi alleged TO be coIisunnaIed 1t terM'ha'cu WIZ"
Squire was confirmed ,,,,
Dut 20 serious effort made by Colonei feho"s
Ia impress upon the court the view upon winch MI
Nicnn arow the indictment, that it alleged con'lh
,,us conspracy At times he seemed 10 cach u
feeble glimpse of the notion that tAs wac n'' ppI
course Dut when he vaguely hnted al IL, Douin.
TocEran would bounce up and drown MN IN toiTen.
nj assuraucos that such claim was set up I'D the
i1doten he said the defence are on mpregna
BE ground in claiming that the aasSios o nn mot
b.. Introduced IN evidence Out the quesuon - 49,
Va tho plot consummaed' Ihat tso nurn"ses
fst 10 get control Of the Office and then 10 use IL
Tor unlawful objects 1t IS TO De snow" ~! wshs
sS nina tacie case. and then by the acts and
siatoments Of the consplrators made not aleF anD
cons mT alton OF tho lhOL, pul uuilho ~" P~"N'
aud In urihorance OF H."
MAKING A FATAL ADMISSION.
TITS view of the Indictment and this plan OF PROOF
Colonel Fellows failed entirely to present His ad
mission ths, the conspiracy ended with SqurcS COLI
frmation was fatal The publics opinion OF his mo-
five I'm making that admission depends on the taste
ana fancy OF The public. After Judge La"rehcee oo
cision the Colonel mado two attempts 20 get some
evidence out Of Mr. Wins. lie ASKED nm aOou'
convers alton he had had with Thompson the DAY SUD-
ucauent 10 squre's appointment, but the wtbessS
answer that Thompson had said he could depend on
Squire with a. much certainty as Il he himself stiH
held the Office was stricken out
Thereur,n tho Colonel sad he feared he must aban
aon the case lie asked the court to adjourn until
o'clock that he might have time to CONSIDER WHAT
Of action bost for him 70 take. III mahihS
this notion he impelied, he said, to refer to GER
tain Infamous malicious and most wicked lies which
had been printed in The New-York Times' that
morning. They chai ged him with throwing the re-
spons Iity the weakness of the peoples case upon
the shoulders Of Judge MaIline ana M NcoIi. Je
had done nothing of the kind lie .hau merely saiu
thai his advice was and his course Wouu nave Doch,
had he been IN control Oi aias al inc tho, W alo
= different pleading " hat dineTehc9 mere dS Dc 20
stating this and throwing the oianS On Juaso
Marine and Mr. Nicoll ColOne Fellows dld hot eA-
plain. His speech was most curious one ior
pubic prosecutor TO make in a court of Justice When
NJ finished, Judge Lawrence stalleu INC Ho"oH anu
adjourned court until O'Clock
PAVING THE WAY FOR SURRENDER
Promptly that hour court was opened again. ana
the Colonel asked that the jury retire while he made
AL offer OF proof This motion was granted and The
iorors left the room lie then offered TO prove by
the witness statements the part of Thompson
and Flynn, showing that the corrupt bargain was
made thai the letter dictated by Flynn and writ
ten by squire, and he offered also To show by the
proceedings of the Board Of Aldermen and by the acts
of the defendants that the guilty agreement was car
ricd out But neither then nor al any other tlmo
DID he urge upon the the reor! vi continuous
conspiracy.
The replies Of Mr.. Cochran and Mr. Howe were
6rm bun gentle Iucy were easy on the Colonel
ihcy saw that he simply inviting the court TO
fon with him IN the surrender, and they dld not
Trouble themselves grcaiy. OF course, The case
stood the Judgc could nothing but refuse The oIer
IL did 80 ia few word, as possible .