Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1889-10-01
ANOTHER PAGE TURNED.
Sheriff Flack and Others Have
Been Indicted. -.
THE GRAND JURY HAS REPORTED.

The Crime Of Conspiracy IL Said 90 Have
Been Committed by the Alleged Con.
spirators--Gra Chaxpes Of Fraud. Col.
1uaion and Deceit Are Made.
NEW YoRK, Oct i--As heretofore ru.
mored the grand jury has reported indict-
ments for conspiracy against sheriff James
A. Flack, William Flack, his son; Civil JUS
tice Ambrose Mcneil, Joseph Meeks, the
referee George D. Hart and Mrs. Raymond,
in rSne notorious divorce case Of Flack vs..
Flack, in which sheriff Flack Is alleged To
have fraudulently obtained divorce from
his wife In presenting the indictment the
foreman Of the jury read remarkable
document, copious extracts from which are
given below:
The Lava Dehed.
This alleged action for divorce, from the first
step 10 the final decree wis characterized uot
only by gross Irregularities but by fraud. deceit
aud collusion That such an action could be so
conducted, facilitated and concluded IN one Of oul
highest courts OF record II q matter Of grave pub
lc concern and behooves the Judges and ON
GERS OF our courts and all officials charged with
the administration OF our laws 70 see 70 Il that
ike practices do not "reyail ia other cases. We
call the attention Of the legislature and the courts
to the fact that while consent connivance or col
insion as % the commission OF adultery Is ex.
pressly prohibited, yet an action Of divorce may
be instituted and maintained by the consent and
collusiou Of the parties thereto.
The Referee Evil.
We consider thai the practice of appointing
referees IN divorce cases is moss pernicuus, aud
r. conducive 70 the very dangers and abuses
which the Flack ease has exposed The testi.
mony should be heard by judges Ia open court
and all proceedings had under the Immediate si
pervision OF the judges. and the lle of court con
tanning the records OF the proceedings should be
open 10 the public. While We recognize the rea
son Of the rule restricting the use Of such rec
ords, yet We are of the opinion that there Is less
danger from the publicity Of such records than
there Is from their secrecy.
More Judges Needed.
The sacredness Of the family tie aud the NOR
ais OF the community Of paramount impor.
tance, and neither through judicial fatorltism
nor judicial negligence must they be imperiled.
II there are not enough Judges 70 transact the
business Of our courts the people win elect more;
but Il Is Judges and not referees who are elected
aud obligated 10 discharge Judicial functions,
We call the attention Of the judges Of the
court Of common pleas to the system Of enter.
lug minutes and filing papers observed IN the
1 office Of the clerk nf thut court Such system
has, ia the Fiack a. least, shown itself sus
ceptihle either Of gross negligence OF nilful fals
i acation. The records Of our courts Of iustc,
should he as reliable aud truthful human skill
and integrity can make them
Hard Raps for Attorneys.
We cali the attention 0f the bar To the danger
Gus practice Of attorneys allowing their name
to be used in actions IN which they have not heri
retained and which Ia reality are conducted D.
4 other attorneys. and ~ this connection We ia,
hat
name TO be used, and while bis whole conduct II
the case shows an absence Of criminal intent
yet, though he may have been imposed upon, h,
/ Is deserving az Ceusure We also call the atten
tion Of the general term Of tho supreme court %
/ tins department. 10 the unprofessionai conduct
\ in this case ~ two Of tho officers OF that court
Ambrose Mcneil and Joseph Meeks.
as- tJudge Bookstaver's Part.
II is obvious that the decree OF divorce could
not have been obtained without sanction Of
/ Judge BOok-taver. That sanction was obtained
/ partly by deceit and imposture aud partly b,
either judicial negligence or Judicial collusion
/ If by negligence, such was inexcusahle; IL by
collusion such criminal. We have not
determined which His acts were the acts or 4
judge, performed IN his judicial capacity tn,
law. We are advised. protects judge from indict
ment as well as from private suit for acts per
formed by him ia hs judicial capacity, whether
such acts be erroneous or corrupt But the law
1 hHo iuNtituttu "A lthlei itluuuult Muelt INiltta
acts, If corrupt or criminal, may be inquired into
The Crime Was Conspiracy.
We do not impute to Judge Bookstayer corrup
action IN the sense Of profit or gain such Rctio
alone are not the only means by which the hencl
may be degraded and judicial usefulness i'm
| paired Neglect remissness and complaisance {,
friends are liable to produce like results, aud, a.
has been shown in the Flack case, allow wicke,
and criminal conspiracy 10 be- carried on and cou
sunlmated under apparent sanction Of the law
This investigation has been lAborlOus. compli
Gated and fun ~ intricaces We are OF opinion
that among other things the crime Of conspiracy
has been committed. The cOnsprators, from
their position In life their knowledge and expert
ence have been enabled 20 SO shroud their action
that understanding and discovery were mad'
exceedingly dinicult
Surprised at the Action.
Bench warrants were issued for the sheriff
and the others indicted with him and al
will appear in court today except Civi
Justice Mcneil, who is too i'll TO leave hi
bed and who viii furnish bail FOR his suhse
| quent appearance. The indicted person.
A 4 -. -. q