New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-01
LOOKS BAD FOR SOME ONE.
EVIDENCE OF FRAUD IN THE FLACK
DIVORCE.
TREASURES, CHANGES AND OTHER DISHONESTY
MRS FLACK'S LAWYER BREAKS DOWN
Under A RIGID EXAMINATlON.

The first step toward impeachment procccumgs
against Judge Bookstaver for his connection with the
Flack divorce taken yesterday by the AS
sembIy Judiciary Committee, to which was referred
the memoranda Of the Association of the Bar and the
resolution calling for Judge Bookstavcr's impeach-
ment The committee is composed Of Milo NJ Acker'
Of Steuben County, chairman; J. s. Whippe, OF 'ata-
raucus j. 5. Johnson, Wyoming; George f. Coons,
ChautauQua Israel T. Deyo, Broome; n. NJ strand
han, Oswego: George w. Greene, Orange; Alonzo b.
Coons Schohare j. ID. Henderson, lierMmcr' Ca'iii
J. Huson, Yates, and Rufus T. Peck. of Cortland All
the members of the committee were on hand except
Asscmblyman Peck. The investigation was peEuh
shortly after IL O'Clock yesterday morning III the
County Court House, and will be continued TINS morn
ing and Monday if witnesses can be obtained. ii
may judge from the way In which the committee
has started in its of bringing out Judge BOOK
s:aver's connection with the as well as that OF
all those who have appeared in 1t, the WORK VIII De
done thoroughly and stone viii be left un'urhed l"
bring out the entire facts. Ex-Jndge Edward Coun-
tryman. of Albany is the counsel OF the committee
while Judge Bookstaver is represented by DeloS Nc
Curdy and Alnon Goodwin. Mr. McCuidy said that
Clarence A. Seward, william Allen Butler and John
NJ. Bowers, although not now present. would prob
ably wish to be heard when arguments were made.
The first witness called ex-Judge Samuel Jones.
clerk of the Court of Common Pleas He produced the
books of the court and from them gave his
testimony. lie first took the oderbook of 1850 and
found that only an entry Of the of Mary f.
Fack against James A. Flack had been made. There
was no order of reference there. In his other books
there entry of the reina order Of reference.
and he said that there book which contained
any entry of the judgment in the final decree. This
had been the method of conducting the Office up to
the time when he made clerk.
Assistant District-AttOrney Golf called and
produced the papers in the Flack divorce case which
were in his Office He said that they had been sent
to him by Chief Judge Larremore, of the Court Of
Common Pleas. lie was asked to read the letter
which he received with the papers.
William J. Hagen, of Troy. expert in handwriting,
the next witness called lie had carefully ey-
amned the judgment roll, land his testimony regarding
it interesting Many changes from the original
have been made in the roll In the first instance the
original summons had been cut and another pasted
to the heading. Then in the affidavit Of Benjamin
Wright there had been several interlincatons. The
dates in the jurat had been tempered with and changed
The original date written I'd July, 1880" To
this ''2r had been added and July had been
erased and May" substituted. making it read Nay
ood 1850, IN place of July Cd The original letters
and figures visible even to the naked eye, but
under microscope were clear and distinct. On the
complaint under Wrights name three erasures had
been made with acid. but what had been there the
pert could not tell. The words May" and July had
been written by the notary who made the report.
In the place where the date had been changed the
word had been written with much more than in
the other places and the signature Of the attorney
over the also plain and distinct than
in the other places, showing that there had been I'M
usual pains taken in writing it, Benjamin Wright the
attorney for Mrs. Flack, must have known, he said,
that he writing over the erasure
Morris Wasel the notary who took Mrs. Flacks aft
davit, He was asked TO explain his con
necton with the case. He prefaced his explanation
By saying that he had know Will" Flack for ten years
or more. One morning, lie said boy came to him
In Judge Mornrs court, in East Fifiyscventhst and
Told fba4 Mr. Elack Ia sec
lowed the boy to Sccond-ave., where he met "Will'
Flack. This was before May l. He went with young
Flack to his home in Fftyseventh-st, between First
ave. and the Eastern Boulevard. There they met Mrs
Flack, to whom VIII" said; Mother, this is notary
who has TO take your affidavit"
He had never seen her before and he did not know
whether she was Mrs Flack or not. He did not even
ask her name. There were some papers on the table
Tie woman was by him and she signed some
thing. lie did not read the papers and
did not know anything about their con
tents since that day he has seen "Wil'
Flack several times but declared that the subject
Of the divorce had not been discussed. EAJudec
Countryman then questioned him pretty sharply as
follows the affidavit which he made III the DIS
Lic-AttOrney's oihce:
o.-Didn,t Won swear on that occasion that this
paper was already signed when you went to Mrs
fa oDo a0 You swear now that you didn't testify
IN the Disirct-Attorney' object Al don't rcmein-
Q.-Yor swear you did not' A;-Yes. sir 81.
Q.-Was the PIPER read u Mrs. Flack! A-No sir.
O.-Wcre its contents stated TO her by you or any
one else! A.-No, sir. a.. .,.o.o
DO you recollect anything about the altera-
tons? Al think that the papers were filed out.
Chairman Acker here took the witness in hand and
tried to make him that there was dheIena In the
kind of ink used in filing out the various dates lie
could not see I,iiS.
Joseph De Camp, who is employed by
James A. Fhck sons in Their
book bndcry told how he Instructed by young
Fack TO serve the summons in the divorce proceed
ncs on the sheriff. He simply went to the sheriifs
office and handed the papers to him and made all am
aavt that he had performed this duty lie had served
papers before for Judge Mcneil
Frank NJ Tichenor, who is in the employ of Ben
iamin Wright sworc that lie called into Wrights
room TO take an affidavit OF the regularity Of the
ceedings 1t was in May, June July, but he thought
IL June July, 1oSO.
WAS the date filled in when You signed your
name y
1T was"
swas it the same date which now appearsl"
WAS it changed with your knowledge Or consent -
NO, sir.'
On oss-examination by Mr.. McCurdy he repeated
that he could tell whether he signed the papers
In June or July but he did know that the papers
were not low in the same condition they were when
they left his Office
The sergeant2tarms had called the name OF Ben
iamin Wright several tunes before he appeared. He
extremely nervous, and at times talked 50 fast
and low that no could understand him. TO those
a few feet from him and cxJudge Countryman his
examination more Of panommc show than any
thing else. When speaking Of what he called the I'M
fair treatment of him by Mecks he broke down and it
with great effort that he could keep from crying.
lie began his testimony by saying that he had been
practising lawyer for twcntynv years Ills ex1mi
nation was taken up by exJudgc Country man as fol,
lows:
Q.-In what department Of the legal profession do
you practise most specially Ain the real estate
department.
Q.-Do you bring suits frequently Ayes sir
ODD you ever bring divorce case7 Ave
might have had one in Office.
O.-Wcrc they lltgated cases? Al think that one
OF them was. and the other wa before referee
a III .ntnr 4 L.. .ll----