New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-14

IN her Mt the office of her counsel, and that ne
WIS Tot retained by her personally to appear III
the divorce suit. As 10 tIe manS e. ~ d wut
says: 49,. .,.,,, tho ,,on,bs of .nytI or Nav
,ost no was requested by Joseph Mceks, an attorney
aud connsellor-alaw and an old friend of deponent
of twenty years standing to consent to appear as the
attorney OF record for the petitioner herein, Mary IL
Eisck That dcponent consented 10 appear as
attorney for the plaintiff, Mrs Each. in said divorce
sut IN receiving the consent In writing, of Mrs. Flack
thai said Meeks replied that he could get the said
consent but he hardly thought IT was necessary as
Iudca Mcneil had absolute power and authority from
Mrs Fisck TO employ deponcnt. and that said Monell
was and had been the attorney and counsel OF MaS
Flack for fifteen years past ana upward ihaV liza
then stated TO said Meeks that If he obtained from su
Mcneil consent IN writing, agth9zing dc piac he
would so appear; whereupon said Meehs piDnIsGdd
and assured this dsponent hat nc would oo' rccced
by denonent and Is hereto annexed Thefeupon ulerc
plAnt In said divorce suit and acting upon the rep
rescntatlons and statements made 10 nm a. HOlp-
said by said Meeks and believing thar ssla Mcneil ed tS
authorized 10 employ deponent deponent sisncu 'i0
summons and complaint as plaintiffs attorney 40. .,ro
That on subsequent day deponeht Is nO Oo e
incs dcponent signed and verified another paPer' w S
tuins ont be the usual affidavit OF rcgdaiN ~ ba
signed or seen the said divorce suit Ihat sad
authority employ this deponent as attorney 10 sign
"e hat deponent did not know thai application haI
d,vorce suit nor did he authorize any person 10 maAo
applicatiOn. nor dld ne appear vi epb.ra.
fon or authorize any person TO appear for MN ,a
he ala NOT know that a referee had been appohfu au
never appeared before any reere nor v phody 10 ap
ing Of any testimony, nor auhOfMed any Dot been
near and did not know that any testimony na Ia
taken that he knew any referees report ndu
hn, n, al or nrescntel TO the court that he never
knew any decree had been entered IN san sun u.i''i
That So Soon as deponent learned from some late
nblication in the newspapers that MS RACK ucnlo1
" bor atfSrnev or had authorized the action he en-
deavored TO see her TO mako retsnnsI Ia ,tempt
his connection with The case but fal' III tIc r.
10 SEQ her he called upon MesSrS. rVafs, Chodc "
Rnaman cOunsellOrs law, who. ne uhutrstouu. -
Manner in which his name had been obtained and N
substance as above set forth and MS rc&llss "a CIV
statement TO the Court 10 that ehect' ana 10 w az
and all acts necessary, and right in the premises '
tie petitioner might require - - .....,oo. r,so,o, IN
sad divorce suit rendered as personal iaVo 10
said Ambrose Mcneil, that Hponcn' IecSvcu Nv and
nonsation and docs not EJECT 10 receive any al"
ibere is no understanding that he is TO receive any
THE REFEREES JUDGMENT ANNULLED.
Tin iumped ex-Judge Fullerton again, soon as
tho reading was finished. After hearing tins
aNidovitn he said again ask leave TO intervene
in behalf of MIR. Flacl."
The Judge replied that he could not do so, and
another exception was taken. Judge BookstaVer
said that Mr.. Wright had been apparently author'
ized 10 appear in the case and had been cited III
this proceeding.
Il believe him 10 be man Of problty, he
continued, and gross deception appears to nave
been practsed on him and on the Court am
prepared to say that the decree OF divorce snail
10 vacatcd The order of reference is vacated,
the proceedings are set aside and the Judgment IS
snnnlled in every respect. This leaves the piainIlg
free and the case now STANDS as IL no ucctrc nav
been granted 1t will leave the phlntH III a
position where she can take such action rs She
desires" ~, 1,,,.
lie has never bound himself in this Court us
! understand it, said the Judge.
MIR Fullerton asked that the fact that ne hao
not been allowed to appear in the proceeding be
entered in the order which was agreed to. Mr
GIeveIa,ld prepared order embpdying th9
decision of the Court. The Judge signed H. anu
Mrs Flack was again made the lawful vile oil the
Sheriff. r.n.o
Treadwell Cleveland, when asked by Irlpuhe
rorortor if mo cared 10 indicate the next steps he
would take in the Flacll case, remarked NY
dear fellow ] have no time to be lnterVleWeu
| have often told reporters that 1T IS useless 10
ask LAWYER what he proposes 70 do next lou
haven't been long in the business have you