New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-02
4 JUDGE IN JEOPARDY.

The Grand Jury. whose duty it became to
investigate the Flack divorce proceedings, have
met the responsibility which devolved upon
them with admirable firmneSs and sagacity,
setting thereby to the whole community an
IMPRESSIVE example of the manner in which
free institutions are entitled to be served" The
first step under their indictments was taken
Yesterday, when the consprators were held Tor
trial. Some part of the valuable effect already
produced will be frittered away if any unneceS-
sary delay is permitted. It is of the highest
Importance that the accused shall be prosecuted
promptly and with an absorbing determination
TO expose the whole truth.
Judge BoO1staver, under the law, has been
reserved for a special tribunal. If his con-
science is as clear as the people hope that 1t IS
he will doubtless be able to make that TACT
apparent by his testimony in the coming trials {;
and the tribunal Of public opinion, which now
holds its Judgment in allegiance, will be re-
joiced TO acQuit him. 1t is possible that he will
not need to ask for any other eXOnel1lh0n' but
unfortunately his conduct up to the present
moment has not been such as to warrant an
unwavering confidence in his desire to sec TINS
fraudulent transaction explored to the utter
most. IT, presently, as a witness before the
court he shall pursue the same curious tactics
which have involved him in suspicion, 1t will
become an imperative necessity 10 give MN an
other chance under totally different conditions
Supposng him to be innocent of any wrongful
act or negligence, that must indeed be power
ful motive which has induced him to submit
10 such an arraignment as that which the Grand
Juy have brought against him. An officer in
the army or navy who finds himself under I'M
just accusation or suspicion demands an I'M
mediate trial by court-martial. Certainly the
honor of the uniform is not more precious than
the purity of the ermiDe, either to the COM
munity or to the individual who wears 1t.
When the allegations of fraud in the Flack
case were first uttered Judge BOokStaver took
the ground that the public had no right to ask
questions On that point he was soon forced
10 change his opinion. During the subsequent
process of exploration, and even in the pres
ence of the Grand Jury, he may have retained
the fancy that the public cOmmoton was no
valid arraignment Of himself But he can
scarcely occupy that attitude to-day. lie knows
that an intelligent body Of his fellOw-ctizens,
possessing manifold facilities for ascertaning
the truth and under solemn obligation to do
so. have deliberately reached conclusion
strongly adverse to a surpoSitiOn OF his inno-
cence He knows that his colleagues on the
Common Pleas Bench feel diSgraced by his
presence among them, and that the people will
not rest until he has either been vindcated
or cast out. His resignation might be 20 some
persons an acceptable relief from the present
situation, but the community at large would
deeply regret such an escape, and we trust
that Judge Boollstaver has never even contem-
plated that solution of his embaTaSsments.
A vindication Of himself by means of the trial
Of others, or else a successful defence to an i'm
parchment is what the people now hope TO see.