New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-08-29
JUDGES PURGE THE COURT.
THE FLACK PAPERS TO GO TO THE GRAND
JURY.
CALLING on THE BAR ASSOCIATION TO IyvEsrB
GATE THE CONDUCT OF MoNELL


Chambers yesterday and took action on the FlscIs
scandal They referred all the original documents IN
the case TO the Grand Jury, which is to meet
next week. They also instructed the Acting As.
sstint Dlstrict-Atorney. Cunning s. Bedford. TO
90 before that body with a view 10 procSGng
indictments, and they also referred the matter to
the Bar Association for action on the conduct
of the lawyers implicated.
Their session was secret there being present
Chief Judge LarremOre and Judges Allen. Van
lloesen Beach and DAILY. After some time
Judge Bedford was summoned All the original
papers in the Flack case in large sealed pack
age, were handed 10 the Acting District
Attorney by Chief Judge Larremore who rose
and explained what the package contained
and added that he, on behalf OF the Court of Com.
mon Pleas, committed these papers to the charge
of ex-Judge Bedford with request that he de-
liver them in person to the foreman Of the Grand
Jury Mr. Bedford assured the court that the
instructions would be faithfully carried out and
Chief Justice hanemore then read to him the fol
lowing letter of Instructions:
Court of copMon mon Plea Pleas for tRe city and County
10 tne Dlcrict-Att0rney of the City and County OF
BY and with the advice and consent Of every one
of my associates in the city, herewith send to
you the original papers in the action entitled Mary T.
was brought in the Court of Common pleas for Tho
Cltv-and County of New-YOrk. The relief demanded
between the plaintiff and the defendant be dissolved
the ground dlat Ile latter had committed adultery
pIaInfif: and amonr the taStmonv ,atan nv the
referee, Mr.. Joseph Meea appears what purpcrts %
brought the action for absolute divorce on the
ground of the adultery Of the defendant
10th instant, It Is alleged that she did not authorize
consent to or know OF any action against James A;
Of Benjamin Wright to bring any action, and thar
Judgment had been entered therein
II those allegations be true, 1t follows that crimo
institute action and 10 prevent justice (see section
16S OF the Penal Code IL appears by the affidavit OF
TO appear in the action the attorney for the plaintiff
II the ALLEGATIONS Of Mrs Fack,s agdayt be l1e, the
Mr.. Wright were implicated In the conspiracy.
-, On behalf Of the judges OF the Court Of Common
the Grand jury. and before that body thoroughly in
yestigatc the facts, with view If all the facts thus
an Indictment under Section It5 OF the Penal Code
for deceit wifully practsed upon the Court, or an
r. l. LARREMoRE Chief Justice
The judges also caused copy OF this com.
munication TO be sent to the Bar Association with
the following letter:
Court OF Common Pleas. Judges Chambers.-County
Court House. New-York. Aug. 2o 1880.
To tho President of the Association OF the Bar Of tho
City OF New-Yorl:
Dear Sir We enclose copy of communication
which have this day sent to the District Attorney
of the City and County OF New York. respecting GER
tain proceedings I'm the action Of Flack Flack in
whci S'ssrs. Ambrose Mcneil and Benjamin Wright.
attorneys atlaw, are involved; to the end that their
If the allegations Of the plaintiff, Mrs FlacE made
in her affidavit of August 10, 1882 be true, offence
not only by the Grand Jury, but by the General
Term of the Supreme Court and send the papers
proper committee may take such action as the asso.
citation shall deem proper. We enclose copy Of tho
having been forwarded TO the Dstrlct-Attorney.
g. behalf of all the Judges OF the court now In
this city. k L. LAhhbMOhE Chiei Juuse'
The Court rose after sending this letter, Judge
Allen remaining in the Special Term room long
enough to explain to the reporters the action
which had been taken in Chambers. Ex-Judse
Bedford Immediately locked the original docu-
ments in the Distriet-Attorney' big safe. Then
he appeared in his office to answer the questions
of crowd of eager reporters.
There can be no further action, he explained,
until after the finding of the Grand Jury, which
meets next week If that body finds indictments
in accordance with the suggestions of the Court,
it will then be the duty of the District-Attorney
to procure the arrest of all the indicted persons.
Before that there can be no arrests except upon
complaint of some person before magistrate,
and the implicated people have the same oppor-
tunity to flee that they have had since the case
was opened.
There was a good deal of comment about tho
Court House over the fact that the Judges, in
speaking of conspiracy, did not mention the names
of Sheriff Flack and his son, who would seem to
be as deeply implic9 ted as the three lawy~.s
whom they have specified. Upon that
point Mr. Bedford would say nothing
except that the power of the
Grand Jury to indict not in any way limited
by the suggestions of the Court Conspiracy and
wilful deceit of the Court, the two crimes NEIL
toned in Judge Larremores letter, are mlsde-
meanors under the Code, and the extreme penalty
attached to them is one years imprisonment, with
treble damages TO be recovered by the party ias
jured.
GRAND JURORS ALREADY SUMMONED.
The Grand Jurors for September have already
been summoned by the Sheriff. Twenty-three
members qf the panel of one hundred Grand
Jurors will take the oath of Office Judge Glider
sleeve will select one of the Grand Jurors as the
foreman. and will deliver a charge instructing
them as to their duties. He may. if be chooses
give special instructions as to the charge OF con-
spiracy, or on any part OF the law which mas
bearing any case which he believes may Dc
taken before the Grand Jury. . -
EX-Judge Fullerton and 1readwel Cleyehnd,
the attorneys for Sheriff Flack and Mrs fiacH
respectively, yesterday refused to say anyshihg
whatever about the printed story tlot Mrs fAce
had consented TO compromise. and had brought
petition for absolute divorce in order to save her
husband from prosecution for bigamy, 10 which
his alleged marriage with tie Raymond. or
Reynolds. woman would render him liable. No
confirmation of the story could be obtained
COURSE OF THE BAR ASSOCIATION.
The communication from the Judges TO tho
Bar Association was received last night at the
associations clubhouse in West Twenty-ninth-
St., and will be referred to the Committee Oh
Grievances, which consists of Edward Mitchell,
sieorse Zabriskie, Austin Abbott, Lemuel III
Arnold. ir.. Frederick W. Whitridge, Edmund
Coffin. jr., Edward c. Perkins, Edmund Wetmores
WrigSt are NOT members of the association, but
that body has an established rule. for dealing with
outside members of the bar who are charges with