New-York tribune., 1890-04-01
ALL SENTENCED TO PRISON.
THE FLACK CONSPIRATORS FACE JUDGE
BARRETT.
THE EX-sHERIFF Is FINED $500 AND MUST BE
CONFINED IN JAIL FOR TWO MONTHS
MEEKs GETS ONE MONTH AND "wlLLn
FLACK FOUR MONTHS THE
vESDEOpPING REPORTER
Is NOT SPARED A
STAY OBTAINED.

Is NOT SPARED A
| STAY OBTAINED.
The three principals convicted Of conspiracy in
| procuring for Mrs James A. Flack n fraudulent
| divorce from her husband. who was then Sheriff
! of this county. were sentenced by Judge Barrett
| yesterday uJrninS. All fined the full
amount allowed by the law. $500 each. James
| 4. Flack was sentenced to Ludlow Street Jail for
a term Of two months Joseph Meeks. the willing
| and obliging referee" TO the same institution
for thirty days, and Will" Flack, the son. to the
| striped uniform hard labor and prison Black
wells Island for term Of four months.
| Dworth Choatc, the ea avcshroppng reporter. viii
remain in the County Jail for thirty days, and he
or the paper which employed him 10 commit the
contempt of court will pay the city $3.50. the
fine imposed in addition to the imprisonment.
Choatc was the only one who was taken mmc-
diatcly to the Jail The lawyers for the two
! Flacks and Mcc<s obtained stay of execution
from Judge Van Brunt. of the supreme Court
pending on argument for new trial. which will
hc made on Friday morning. They were liberated
in s.. 800 bail each.
The oyer and Tcrmincr courtroom has scdom
held so many we'll known men or so many men
| unknown as crowded into il to hear JUICE Blr-
rctts answer 10 the application for ncw trial FOR
those convicted Of the conspiracy and to see what
! punishment would he mctcd out to the caves
dropping reporter.
General Daniel T. Sicklcs. the rcw Sheriff,
with his temporarily appointed dcpitcs, was The
TO take charge of the prisoners just as the
sentence should lc pronounced Inspector Eyrn's
/ and Dctectivc->crgcant Won Gcriehtcn st near
him. In another part Of tie room were eN-con-
/ gTcssman W. Bourkc Cochran. ex-senator Thomas
! i. Grady, Senator Jacob \. Cantor, and Police
Commissioner James \ Martin. all Iammany men
who used TO follow Flaok's counScls. Bat they
| now turrcd "A cold shoul,r 10 him Harry low
ard. General Shalcr. Rcmarl Martin and Tndcr
! Shcrin sexton were also there. Fack and his
son were IN the courtroom early They seemed
90 lc greatly Disturbed and extremely nervous.
! EN-Judgr Horace Russell. cN-Iudec Fullerton and
Frank Carpenter. The lawyers vino have been irs-
ing 10 save them from prison. ioincd them in
few minutes Jo-oph \lcc>s thc rcicr'c. hurri'd
! In with his counsel. john II. Bird and they tool,
the seats which they occupied throughout tire
| trial Frederic t. Coud"it and lis client 'hoaic,
siipnca in without hcing noticed EXCEPT by fcw.
colonel John r. Fellows and Assistant ID strict
! Attorneys >cinplc and jerome represented the y
/ irici-Aftorrcl p, Office and tho people. 80 great
vas ilc demand for alnit'ancc that the court
room doors were closed saort.y after Judge Bar
rctt TOOK LIS scat.
TIE Judsc announced that lc would first set
| i'c the caec Of 'hc reporter. The op'ai. which
| Jude larrcft had drawn mp wa, about l."oo
,vor,i. long liz ciiri many authorities and
prcccdcn's wherein punishm"nfs have been i'm
posed for contempt % court. He first took nm
re point taken by Choaf"'s lawyer on Friday
last. tAai if tie jurr-room was part of the
court flrn Choaic had perfect right - he there.
and IL MT. lc could no, be- punished for con-
tcrnpt of court Judrc Barrett held that the
court consisted OF all the various branches which
make up n conr, ard was not confined 70 the
personality Of thc jndsc. In other words. he
said thc court was the totality of the constiir-
en-, prr', whbh make mp a court. When the
contempt had been committed in pnrt of the
court. and not IN thc iin'Aciat" presence Of Nh"
ua.c the proper practice 70 be- prrsucd WIS T."
| conipcl tie person committing thc contempt 10
show cause why hc shonld not hc punished. The
maN imum punishment in this cas-" hc added. was
wholly iurlrqfnfc. Choo'e had acted IN most
indecent manner His conduct had been wholly
without justification. No apology Of any sort
had lccm offered. hni. ON tie other hand there
had been the MOST hslzcn sort Of conduct.
Changing suddenly. judge Barrett s1': " !he
sentence OF fhc court Is that yon be- imprisoned
in tlc County jail .or thirty days and iay fine
of S.Ju."
Tire sentence W., received with Siderable
amount of applause Choatc was a'i'N -'d ana
looked aprcalnely al hi, lawyer Ne 'oudcrt
was on his feet in instant. askins lof STAY
Of c>ccuiion pending an appeal To hi2her court
This jude Barrett refused To- grant Tie only
thing that could hr done by the lawyer would be
10 obtain from some other Judge writ of hahcaS
corpus. but this Mr Coudcrt knew would not be-
Granted He shook hands with his client and
told him that nothing further could lr done for
him This was General >icklcs's first prisoner
az, the Sheriff Of this county. and Deputy NheFh
Nctinnis stepped forward and 'ook chniae "f
Choaic lie was taken 10 Ludlow Stree, Jail
fc,y minutes afrcrwarl and began serving ont
hiS term.
When the excitement following the sentencing
Of Choaic had been subducd Judc Barrett an
nonnccd that ne would give his decision on the
motion for new trial for the three conSplratois
If. had his decision on this subject prepared also
n was strong and an able document, h'ifN
onc-third longer than the one he had Just rc"d.
II. denied the motion for new trial on two
grounds: that the verdict was not III any way
iutluc need by the presence Of the reporter IN the
inry-rooin, and lhnt, if the defendants believed
that that incident, either IN fact tended to
pr, udicc or In law did prejudice their substantial
rients they should not have slcrullcd upon the
chance Of an acquital bat should. At the proper
time and when fully advised ol thc facts, nave
insisted upon the discharge oi me l"rN-
Thr r.nnftar's strnographic notes were taken !
from him and given to the corrt. lie was asked |
to pronis. not to publish them, but he refused |
The defendants in person and their counsel TOOK ,
nnrt in that nvest gaiion, and no objection was !
made Tie point raised is that some OF thc |
Jurors mipht have been Influenced by the t"'t !
That Choaic newspaper man, ana tlitt 'i",'
who argued against conviction would b' hrd |
M before the public There was no reason 10 ne
lirye that any Juror was influenced. ON thc !
rnutrary they had all submitted aiiidaNlS ihat |
thc verdict had already been a-rccd upon, a'''
when the reporter was discovered they were |
waiting the definition OF point of law Inc |
,r,un,ents and discussions Of thc jury room were |
.cidom kept secret anyway. for the secrets OF me
irrors were generally wrcstcd from them ny thc
astufc reporters of the press.
E>.Iudgc Russell objected 10 what hc thought |
was an accusation thai the lawyers FOR the dr-
fence spcculatcd on the chance OF an acp"lttl.
IIc also said that the finding of the reporter
~ LIT u u ON knnN