New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-09-04
THE GRAND JURY TO ACT
THE DISTRICTATToRNEY HANDS THEM
THE FLACK PAPERS
AN INVESTIGATION WILL BEGIN THIS MORNING
THE sHERIFFs WIFE TO BE PRESENT
-THE JUICE CHARGE.


reached the Grand Jury, and action against the al
| legged consplrators cannot DO long delayed. The
Grand Jurors summoned by the Sheriff assembled in
the court OF Part ] of the Court OF General
Sessions at IL O'Clock yesterday morning, and Judge
Gidersleeve took his place upon the bench The
work or selecting twenty-three members Of the
| September Grand Jury went on rapidly and Judge
Gidorsleeve announced that he had selected Charles
| B. Fosdlck the foreman Of the Grand Jury. Mr..
! Fosdick is leather merchant at No 90 Sprice'st
lie has been foreman Of other Grand Juries In pre-
vious years. His associates on the September Grand
| Jury Russell Sage, r., Windsor Hotel; Christian
| T. Gllnn, produce, No. 324 Washngion-st; Charles
| b. Cornell, paints, No. ESQ Third-ave; james IL
| stewart, insurance, No. 1913 Broadway; George F.
| Norton, lumber, West Twenty seoondst. Edward W.
| Wilson, broker No. Wall-st; Charles +. De For
| rest, treasurer No. go Broadway Aaron Raymond
| clothing No. l31 Fulton-st; Henry X. Motley, I'M
| porter, No. j73 Broadway; J. Rdgway Moore.
treasurer, No. OF Nsssau-st Caldwell X. Brakeman
| coffee, No. Ill wall-st.; Charles II. Contoit, No.
| 728 Fifth-avc; J. II. Purdy, No. ID
| winiam-st.; Andrew c. Armstrong, publisher.
| no. ia Broadway; John d. Lee. No. ID
WnIiam-st; Calvin r. Knox. broker. Pier H. North
River Herman Bendix, neckwear. No. 10j Broadway
Emanuel W. Bloomlngdale, perfumer. No. 10 Mercer
st. John S. Gilmore, No. 325 West Twenty ninth-st:
Frederick speyer, No. 2o7 East Fifty-sevcnh-st.;
Stout Robertson. No. 115 East feminist. and Henry
NJ. Tabor cotton, No. 14r Pearl ST.
The oath Of Office was administered by the clerk,
John Sparks Judge Gilderseeve began his charge
lie read parts OF the laws governing the duties Of
| Grand Jurors. lie said that justice had SO been
administered in this county that the number OF cases
awaiting the action of the september Grand Jury was
only o. much smaller number than usual at this
| time of the year Judge Gilderseeve then spoke III
reference 10 the Flack The latter part OF his
! remarks was delivered In especially Impressive
} tone. lie said:
u.
TO which to cal your attention nave h Ds,,
now 10 call your attention TO such matter DlSrHi
Attorney Fellows received communication last week
from Chief Justice Larremore Of the court OF SOn3
Pleas, and It IS my duty TO call your attention 10 n9
subject Of that communication. which has been handSd
! 10 me. Mr. Chief Justice Larremore states that Dy
| and with the advice and consent of his associates OF
Di,trct-Attorney Fellows for investigation by your
body all the original papers i'm an acton entitled MARY
The relief demanded IN the complaint that the bonds
Of matlmony between the plaintiff and defendant Dc
Mr. Justice rarremore further states In substance
that 1t IS alleged that the plaintiff did not authorLe
consent to or hnOw of the commencement OF the aio
and that she did not authorize and employ the person
named plaintiffs attorney for the purpose OF DYING
| Ing any such action. . 49,
Now gentlemen, if, after a careful investigation,
you become satisfied that conspiracy was entered
then the provisions OF Section lGo OF the Penai
Code may have been violated and prtsenlnent Should
be returned against the parties TO the conspiracy VINO
It IS further minated by ChefJustce Larremore
|
deceit was practlsed upon the Court Ia inc course OF
the proceedings In tho action II you IND that the
by your body under section Ids of the Penal code VIII
be proper Attention is also called to section ~ OF
the Code Of Civil Procedure, with reference 10 deceit
practised by attorney, making him liable to treble
damages, and his offence misdemeanor .,,..
| cannot at this moment advise you more 1uiy
with :efereno3 to your duty. When you have ascer-
taned all the facts assisted by the District Attorney
YOUR %H duty to Consult him as 10 the questions Of law
and also to get the advice OF the Court as TO the Ia"
In conclusion | cannot do better than read brief
portion Of my charge TO the Grand Jury In March
TO the alleged bribery corrected wi obtain ne the
| franchise of the Broadway Surface Railroad:
with tR Is 0 s nS p vi Of crc
this country probe the scandal TO US lowest depths
| law and justice every act connected theiew tn .
This IS your duty Let the axe fall where It may
| color nationality, nor rank Remember your oaths !:
malice ' @or shall you leave any on imprisoned from
fear favor affection reward. or the hope thereof
| Ex-Judge Fullerton, Sheriff FlacRs counsel, was
In the courtroom while Judge Gilderseeve was de-
lvering the charge DistrlctAttOrney Fellows sat
In front of the judges bench, his hand on the package
| Of documents which had been handed to ex-Judge
| Bedford by Chief Justice Larremore. The Grand
Jurors retired when the Judges charge was finished
Disict Attorney Fellows TO the Grand Jury room
almost Immediately afterwaId and handed TO the fore
man the envelope cOnaining tho original aiidaviis,
|
against Sheriff James A. Flack..
The Grand Jurors considered the and decided
not to open the package yesterday, and Foreman
osdck took the PaHer 6Sck 10 n m be n?bt by
So: po6e e6 be Whole nSestigitIon until thi,
R nolaninS, when The witnesses VIII be ox,
amn9d District AIonsy fellows receyed
! Mrs. Flachs counsel Mr.. Cleveland had been sent
: for in order that he might summon Mrs. Faek from
Mrs Fack WILL ii Is sod, certainly be at the Grand
! Jury room this morning prepared to testify me
and the Investigation viii go on rapidly. District
Attorney Follows said that he agreed with me Judges
much secrecy in the whole affair at the beginning and
he was wiling to make ReG any RG dg not p SS
fere with the prosecution OF II.
Various rumoTs were eIrcIstE yestesy a ro
| nected with the Flack divorce proceedings. one OF
these represented the sheriff as hSvlng ef e, town Hob6 IN
destination was. THIS was soon found to be an Hn
founded report bad beeD taken TO prevent the
hurried departure the persons whose doings In the
divorce are being looked into by the Grand Jury
I cannot answer that question. I can say this
connection with the case You can draw what in
Tnere was more startling report later in the day
concerning Civil Justice Mcneil TO the erect that ho
| cal condition Al Justice MOnel's house, No 1J2
East sixty hrst-st, the statements wa: posaveiy y
! 49,
that the Justice was confined TO his bed from Illness
but It was the result Of cold taken when out OF tho
| city on Saturday and sunday and was not caused by
| any kind of an attempt at suicide. The proprietor
| OF the drugstore on the next corner, where Mr.
| Mcneil and his family got their medicines, sad mat
he was sure there could be no truth In the story or
| he would have known about Il. "
| Il" Dr Frank Hartley of No West Thirty hrst-st
Justice Monels physician, said last evening: Judge
| Mcneil is suffering from very severe attack or
fiub az Great South Bay a couple Of days ago 1t is
an attack similar to the ono he experienced last
s +rhen nm in the AdirOndacks from the effects
~ which he had not fully recovered The Judge Is
| sick man. but his condition Is not dangerous: lie
viii bave no be great deal scker than he is TO en-
danger his life The story Of the attempt at suicide
IS utterly false. wonder what they Will start nextI'
IN FAVOR OF PROHIBITION