New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-01
THE INDICTMENTS FOUND.
SHERIFF FLACK IS AMONG THE OTHERS.
JUDGE BooKsTAvER STRONGLY CRITICISED
FRAUD, DUPLICITY AND IRREGULARITY
CHARGED-THAT DIVORCE CASE
IS FAR FROM ENDED

CHARGED-THAT DIVORCE CASE
is FAR FROM ENDED
Inc long investigation by The Grand Jury Of the
Mariner IN which Sheriff Flack secured divorce
against himself resulted yesterday in the finding Of
several indictments and the presenting Of strong
report c0demnatory of the methods used In obta ming
te divorce Judge Gdersleeye the presiding justice
in Part Of the Court of General Sessions occupied
The morning hour in hearing ordinary eases and there
We're few persons except jurors and witnesses I'm the
courtroom a. L. o'clock when the members Of the
Grand Jury entered Ex-Judge Fullerton alone repre-
sened the accused men. Foreman Fosdi,k handed
a bundle Of Attachments 10 the clerk Edward j. Hal,
and he in turn handed them to Judge Gi!dcrsleevc
They were the documents accusing Sheriff Flack
CNn Justice Monen and Others of conspiracy and
other crimes.
Foreman Fosdck said Your Honor we have here
presenment I'm relation to the witch yOu sub
mued 10 MS early in the term. Shall hand It up
or shall read tls
." lou may read 1t, Mr. Foreman Judge Glider
sleeve replied.
All the Grand Jurors the foreman opened
the docume,lt. They a ine-looking body of men,
including gray haired retei merchants and pros erous
business men. Foreman FoSdck is a short, gray
muStached, Unlocking lie read dis ncty and
ihefe was almost absolute silence among the listeners
Judge Gidcsleeve at the beginning Of the read
Ing and continued standing until he dismissed the
Grand Jurors Tor tho day. Foreman Fosd read:
=, The Grand jury of the city and coun.y Of New
York respec tfully present anu report:
lhe alleged action for absolute divorce between
Mary f. flaek. "a plaintiff, and janis ~ Flaek. ~
defendant ting 10 whIch We were spec ally charged
by the honorable Judge presiding IN ,his court, has
been examined and inquired into.
face formed the only basis of knowledge or inorma
iiOn presented TO us. No person or persons were
ticular crime and required ascertain, hrst
IL crime had been committed, and second II So who
commission
The inquiry related to crimes against public justice
and the due impartial administration of our laws
ana while it involved a great deal labor and
pied great portion of our time its importance dc
manded our best service and most careful considera
ton.
All of the persons so far as could he ascertaned,
who had any connection with knowledge OF the
divorce proceedings, and whose testimony was
tcrial have been called before the Grand jury and
from the evidence given we deem II our duty TO
the Court and to the people 10 present
cusons, that the attention Of the proper authorities
and Of the people be directed 10 the correction OF
the evil and abuse.
This alleged action for divorce, from, the first
step to the final decree was characterized not only
by gross irregularities, but by fraud, deceit and col
iusi2n Ihad & Sucn an acon nc eouid DC SO eonductea
of record is matter of grave public concern aud IL
behooves the judges and officers of courts and
all officials charged with the ADMINISTRATION Of
laws 10 see TO 1t that like practices do not prevail
We call the attention of the Legislature and tbs
courts TO the fact that while consent, connivance or
collision 10 the commission of adultery Is ex-
pressly prohibited, yet an action Of divorce may be
Instituted anu maintained by the consent and cohusion
We consider practice Of appointing referees
in divorce cases Is most perncous, and Is conducive
has v' espoed The s testimony % should s be heard
Icy judges in open court, and all proceedings hal
under the immediate supervision Of the judges and
the file of court containing the records Of the pro-
ceedings should be open TO the public. While we
recognize the Of the rule restricting the use
of such records. yet are of the opinion that there
is less danger from the publicity OF such records than
The sacredness Of the family tie and the morals
of the community ar; Of paramount Importance, and
gence must they be impeIilled II there are not
enough judges transact the business of courts
! the people will elecb more; but IL is judges and
not referees who are elected ana obligated to dis
charge judicial functiOrs.
Gng papers obsSrved in the office Of the clerk Of that
shown itself susceptible either of gross negligence
wllfu a!sifcatlon. The records q our courts of
skill and integrity can make them.
We call the attention of the bar to the dangerous
in actions in which they have not been retained and
which, ~ reality. arc conducted by other attorneys;
so allowed hts professional name TO be used and while
his whole conduct in the case shows abserre of
upon. is deserving of censure.
We also call the attention of the General Term Of
the supreme Court of this Department TO the unpro-
feSsional conduct in this OF two of the officers
of that court, Ambrose Mcneil and Joseph Meels.
have been obtained without the sanction of Judge
Bookstaver. That sanction was obtained partly by
deceit and impOsture. and partly by either judicial
negligence or judicial collusion. II by negligence,
such was in Mine&ScnsaIle; II by col @coust93n such was
HIS acts were the sc; of judge, performed in his
se T aw s Nc wf are ar m ervpe s4
for acts performed by him in his judicial capacity,
whether such acts be erroneous Or corrupt B1, me
acts. If corrupt or criminal may be inquired into.
We consider therefore, that that phase of the case
We do not impue to Judge Bookstaver corrupt
action I'm the sense of profit gainsuch actions alone
tp. In btah fha nan.h Ia
degraded and judicial usefulness impaired. Neglect,
remissness and complasance to friends liable to
produce like results, and as has been shown In the
Flack case, allow wicked and criminal conspiracy to
be carried on and consImmated under apparent sane
ton of the law.
This investigation has been laborlous. complicated
and full of ntIcaces. We are Of opinion that. among
mitted The conSprators from their position in lfs
their knowledge and experience, have been enabled TO
covcry made exceedingly difficult With desir,
do Justice 10 all concerned, we have listened with
ratlencc TO and have treated with fairness all who
have come before u.s. and we deem the evidence suft
ent to warrant the indictments herewith presented.
II IS proper that we should commend the District
Attorney OF this county for the skill perseverance
and valuable aid rendered to US in this Investigation.
The presen,ment IS signed by Foreman Charles b!
Fosdick and by J. II. Purty, tho secretary of tho
Grand Jury. when the reading was finished. Judge
Gnderslceve said / Will direct that copies of your
prescntment be sent to the Court of Common Pleas,
to the supreme Court the General Term Of that Court
and 10 the Bar Association. | will also direct that
COPY be sent to the Governor Of the state inasmuch
as portion OF the presentmen refers 10 matters TO
which It may be proper that he should call
the attention of the Legislature When discharge
you for the term on Wednesday will take occasion
to thank you for your services 10 the public. You
may now continue your labors.'
The Grand Jurors then retired. The indictments
in the meantime lay Judge Gilderseeve's desk.
He handed them back to Clerk Hall that he might
make the necessary entries, and then they wero
taken to the office of John sparks, the clerk Of the
court. No one allowed 10 them, and tho
officials we're reticent about their contents District
Attorney Fellows would only speak Of indictments for
conspiracy and interfering with witnesses and would