New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-14
MRS. FLACK'S EASY VICTORY
THE WHOLE DIVORCE PROCEEDINGS sEY
ASIDE.
EAJUDGE FULLERTON PROTESTS, BUT IS sac
UPoN-MR. WRIGHT CLEARS HIMSELF AND
THE COURT SAYS THAT DECEPTION
WAS PRACTIsED-REFEREEM MEEKs
RESIGNS HIS OFFICE

THE COURT SAYS THAT DECEPTION
WAS sPRAcrIsED-REFEREE MEEKs
RESIGNS HIS OFFICE.
| Foul air and a closely packed crowd of lawyers
and loungers filed the Special Term room of the
Court OF Common Pleas yesterday morning. Judge
Bookstaver was on the bench, prepared TO hear
argument upon the order to show cause WHY the
decree OF absolute divorce entered in favor of Mrs
Mary Il. Flack against Sheriff James A. Flaclx,
| IN suit brought in her name, but without her
| knowledge or consent should not be vacated.
| Z. Y. Beaman and Treadwell Cleveland, of the
hm OF Evarts, Choate & Beaman, appeared in
| support OF the application. Ex-Judge William
Fullerton, counsel for the Sheriff. occupied q seat
| at the lawyers table, and near him sat ex-Judge
Hooper g. Van Voorst representing the interests OF
| Benjamin Wright, the lawyer whose name appears
in the divorce proceedings the attorney of Mrs.
Flack. Mr.. Wright was present; but neither the
Sheriff, Mrs Flack, Civil Justice Ambrose Mcneil,
the son of the Sheriff, or Referee Joseph Meel<s,
all of whom have deep interest in what was done,
was there. The Judge, after disposing of minor
case, looked at the array of counsel before him,
| and inclined his head to listen TO Mr. Cleveland.
as the lawyer arose TO address the Court blr.
Cleveland said that he appeared for Mrs. Flack
in the proceeding. in which the Judge had granted
the following order:
Upon petition of Mary f. Flack hereto annexed.
verified August 10. 1889 aud upon the application OF
said petitioner, it hereby ordered that Benjamin
Wright show canse before this court at special term
thereof TO be held she Court House. in the City OF
New York, on the 18th day Of August 19e9, at IL
counsel can S be Rea why the decree entered in
the Office of the Clerk Of this Court July II, 1882
FIackS granting to the said Mary E. FiaSk an abso-
lutte divorce from the said James A. Flack should not
be vacated and set aslde and why certain orer OF
said suit, dated 3, 1SeD, Whero-
I'm and whereby II as referred to Joseph Meeks, esq,
to take proof in the said salt, should not also be
continuance of the said suit should not be entered,
and why tho said Mary T. tlaok should not have such
other or further order OF relief In the premises as may
be just.
Sufficient cause appearing to me, therefore, It Is
ordered that service OF copy OF this ordr and OF tho
said petition upon the said Benjamin Wright on August
-, 1850, shall be sufficient service. Dated August
10, 1889. Ii. W. BoOKSTAVER. j. c. p
MRS. FLAcK's PETITION.
Mr. Cleveland then read the following PETITION
Of Mrs. Flack, asking that the decree of divorce
be vacated:
That your petitioner was married to James A.
that she has resided since that time continuously In
the city of New York. with the said James A. Plack,
his wife, and for tho last twenty years has lived
with her said husband at No. 423 East Ftfyseventh-
On August l. 1882 your petitioner was informed
by person whose name is unknown TO her, but who
introduced himself 10 her reporter, employed by
newspaper published IN the city of New York, called
The Word,a that in a suit brought in the name of
your petitioner against her said husband, James A..
county of NewYork there had been entered In July,
1859, decree granting to your petitioner an absolute
adultery and hst t6O from the ioS in sad is s
torney for the plaintiff therein.
Your petitioner further says has that
time employed her attorneys Messrs Eyarts, Choae
d Beaman, who have informed her that on July IL,
1889, there was entered In the Court of Common
Pleas for the city and county of New-fork, In tho
name Of your petitioner against her said husband,
James A Fack, decree granting. to your petitioner
absolute divorce from her said husband on tho
ground of adultery, ana that from the papers annexed
TO said decree now on file in said court IL appears
that Benjamin Wright acted as attorney for plain
Your petoner further says that the information
the first intimation she had that any such suit
had been brought or that any such decree had
Your petitioner further says that she authorized
any one to bring any such suit and had no knowledge
that any such suit had ever been brought until
your petitioner never knew, or to her knowledge,
ever saw the said Benjamin Wright until she was
introduced to him at the office OF her said attorneys
Your petitioner has since August 7, 1880, learned
from her said attorneys that, as appears from the
said Court OF Common Pleas the defendant in said
alleged suit, her husband, the said James a. lack
did not appear either in person or by attorney therein
and that one Joseph Mcels appointed by the
said Court of Common Pleas on the application OF the
said Benjamin Wright as a referee in said alleged
Your petitioner therefore prays that an order be
made by this honorable court vacating and setting
aside the said alleged decree of divorce, SO as AFORESAID
said TO have been granted in her favor and vacaung
and setting aside The said alleged order OF reference
Amounting the said Joseph Meeks as a referee III
the said alleged suit and dscon1ui&ng & tae rsisf sa
alleged suit and for such other ana iurther feioi
In the premises may be just and equltaDe'
SOME LIVELY LEGAL sPARRING.
As soon as the reading of the petition ended ex-
Judge Fullerton arose. lie said he was there to
Sheriff Flack Mr.. Cleveland, inter-
rupting him, said that no other party than tho
one cited in the order to show cause had q rlsh1
to appear in this proceeding
Mr.. Fullerton said that his client had not re-
ceived due notice of this proceeding, ana thap
he had a right to appear.
1T is "a Judgment of the Court" said Mr.
Fullerton. 1t is a Judgment that affects my
client, and he should be heard. lie has right
to be heard" A.,
Judge Boo1stayer said he did not see how Mr..
Fullerton could be permitted to appear. Inc de-
fendant in the divorce proce edlngS had not ep
peared and judgment had been taken against nun
by default Mr. Fullerton insisted upon his risht
10 appear and in Response to question Dy Mr;
Cleveland tc whether he appeared as counSet
for the defendant to oppose the opening OF tne
case he said do, because he wishes 10 rlu
himself of an unworthy wife, who IS new making
an effort to have the default reoPened. ,-,o.
Judge Bookstaver asked Mr. Fullerton whu
he could adduce for the position tha'
he assumed. ~ >, A.. Thoro
Authority" shouted Mr.. Fdllerton, There
is plenty of authority. IL Is IN the arr ;..,.
| want to see 10 in the boolls,' quietly
responded the judge. =, NJ, rra,,,s
oouHSe' MR.. BEAMAN SCORES POINT.
Mr. Reaman arose and said he objected to this
waste Of the time of the court Here is man,
he said, who appears here as Sheriff. lheso
alleged divorce proceedings mehuon james A.
Flack saying nothing about any ShefiH' EA-
Judge Fullerton comes here saying that he repre-
sents the Sheriff, and claims that if this decree
mill nj defendant