New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-01
THE FLACh INDICTMENTS.

Inc nndlngS OF the Gfand jury against bnoSe
chiefly concerned in the Flack fraudulent di-
vorce case will be received with general public
satisfaction. Any materially different result
would have caused as general disappointment.
Those who are included within the number of
the indicted can none of them be greatly sur
plsed. They must have realized that the most
plausible explanations which they have been
able TO give of their conduct, as well as their
reluctance to have the bottom facts revealed.
must have had the same effect upon the minds
of the Grand Jurors as they had upon the rest
of the community.
One of the first consequences of the indct-
ments will be to bring to light all the hidden
mysteries of this remarkable case. Despite all
that has been published about it, the truth is
that the public is practically ignorant of the
most essential facts it is entitled to know con-
corning the judicial proceedings by which this
fraudulent divorce was obtained. Who made
the application to Judge BookStaver for the
order appointing referee? Where was 1T
made? Was it in open court, as required by
the rules? What was said on the part of the
person making the application that led Judge
Bookstaver in the face of the rule that a dis
interested referee, not named or suggested by
either party, shall be selected, to choose as
referee the man who the Judge knew had
been clerk of the defendant and was his close
political associate? Mr.. Wright, the nominal
attorney of record for the plaintiff, swears that
he did not appear in court in the matter Who
did?
Those are the questions which Judge Book
staver will be called upon to answer as wit
ness in these trials, although he has refused to
do so as an individual. If the facts, when ex-
planed free him from blame, as every good
citizen must hope they will, his best friends
must regret that he has so long delayed max
ing them public. But he has appeared before
the Grand Jury; and it is to be presumed that
he made to them the best explanation he could.
The effect upon their minds is shown by that
part of their presentment covering his connec-
ton with the case. Seldom if ever, has there
been an official arraignment of high judicial
officer in this country more severe than this:
q" 1t is obvious that the decree could not have
been obtained without the sanction of Judge
BoCkStaver. That sanction was obtained pa T.
~ by deceit and imposture and partly by either
judicial negligence or judi cial collision. If by
negligence, such was ineXcusable if by col
fusion, such was criminal. We have not de-
termined which,"
Then follows what is more than an intima-
ton that, except for the law which protects
judicial officer, another Indictment might
have been added to the list If all this does
injustice to Judge BookStaver, his conduct since
the conspiracy was brought to light has been
singulary unfortunate. He has treated the
whole affair as if the public had no right to
inf ba boc m
Gus inquiries touching his knowledge of the
mysterious proceedings, and he so disposed of
the motion to set aside the decree of divorce
as to keep the facts still concealed. Except
for the action of the other Judges Of the court
the records would still be under seal. He dis
played no resentment toward those who, he
declares, had deceived" and Imposed upon"
him. Instead of taking the initiative in pro-
ceedings TO bring them TO justice, he does what
he can to secure the tel-tale records under
lock and key and then starts for the Yellow
stone for vacation. 1t perhaps has now
dawned upon his mind that he might have used
his vacation hours to better purpose. 1t is also
unfOlf innate for Judge BOOlstayer, in this
emergency that he did not come to the bench
with the full confidence Of his fellow members
of the bar and that unlike his associates, he
has not won as a Judge that reputation for
high character which acts as a shield against
unfair criticism or unjust charges.
The Grand July has done its work well.
1t is Notifying 10 find another Judge among
the indicted but since the main facts came
before the public there has been no doubt as
TO the outcome Of the investigation. Governor
Hill will now be called upon to decide whether
the ofliceholders among the indicted can be al
lowed to continue discharging their official func-
tons. What the Grand Jury say Of the pub
Lefty of divorce trials is the only part Of their
presentment about which opinions will differ.
But whether all divorce cases shall be tried in
public or not we are disposed to believe that
the facts-of this case will furnish to the Judges
of the courts sufficient reasons for changing the
rule requiring ali divorce records to be kept
from the public.