New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-23
FLACK AT THE BAR.
EVIDENCE IN THE GREAT CON
SPIRACY CASE.
JUDGE BOOKsTAvER's APPEARANCE AND THE
FLACK'S TALE OF wOE-THE
SCHEME OF TIE Defence.

SCHEME OF TIE DEFENCE.
Conspiracy cases are always interesting. The Issue
is generally grave the evidence involved and the law
complex. II not nfrcqucntly happens that the truth
is morally clear and legally obscure. That was the
case in the Doodle trials Everybody knew how
Jacob sharp had obtained his franchise. but the state
was in no position TO prove it until long after the
indictments were brought. one Of Mr.. Marines
bright young assistants painted the situation in this
metaphor: We indicted the rascals on pair OF
dcuccs and then sat down and waited for the draw
Something very like this done in the Flack case
The DisrictAttorncy justified his opening speech
in every particular lie first produced the record OF
itself most damaging to Fack and Mceks. 1t showed
that Ambrose Mcneil. Flack's intimate. confidential
friend political ally and private attorney hah ap
pcarcd as Mrs Facs counsel In an action for divorce
based allegations Of adultery. That circumstance
alone proved COLLISION Then the record showed tlat
Moncrs brother inlaw. Mccks man who owed his
place in the County Clerks Office to Flack. had been
appointed by Judge Bookstavcr rs referee and had
taken the evidence in proof Of Fllcks adultery ana
had reported him TO be guilty. The record also proved
that after Mccsss report had been made M the name
Of Benjamin Wright substituted in all the papers
for the name OF Ambrose Mcneil "a plaintiff attorney
a proceeding utterly unlawful and scandaons. Ana
it upon these papers that Judge EoohstaVer
decree Of divorce had been granted.
Judge Bookstavcr has cssaycd in several pubic
statements TO explain hi amazing conduct but he mas
only succeeded in proving his complete unitnc'' FOR
the Office he holds His oral testimony was gwen
last week for the first time. The court room was
crowdcd with curious listeners. The spectacle was
indeed a strange one. Here was man. the ar''c'
in Your affairs and NINE the official OF all "ti'rs j"
whom the public is entitled TO find purity and wisdom
coming from one court room. where lac sat a. JUDGE
into another court room in the same building to III a.
a witness and 70 tell why he had lent the authority
We intlustcd 10 his sacred keeping 10 conslmrae INC
conspiracy Of a band Of rocncs. ~ must nave ieis
the humiliation Of his position. lie. inc ''" ~ y
designing ~coundrcl In proceeding when i'' "'P'"
Of mcanncSs and for height Of auda'ity was "''o''
u,rallol lie came upon the stand with face
paIlid but composed. lie is an elderly man. NOT ~
all good looking. hut showing marks Of in'''i'c"'''
His beard j, full and long spcoaclc> sit across Ills
ewes. half hiding one that is -ightlc~- Ih'r' u
rothinc fiat indicate, culture or refinement III VI
conntcnancc hut IL does not seem weak ~ ""''
lie bows 10 Judge Jarrett. who rcirain- from ahN az
lnovlcdsment Of the -aln'ation. preserving q" go
preston altogether cold and distant.
Twas curious to hear how the examination womb ue
conducted Ordinarily when. for any reason. IL j.
necessary to call a high judicial officer as wines III
CONT TO testify a. to hi, own actions The fh''.'"'
are few lie D.. a-hcd h., name and Dob, "h'"l pace,
and then am invitation IS conveyed 10 hm 'N -'"''''
and most dcfcrcniial term, 10 SLY What h' VII ~ 10
the facts involved But Mr. Book.tivcr was h"' III y
position To- expect this treatment. certainly nc "'''
NOT receive it, lie wa, que toned a- iuihcssF a.
he were one 81 the con,piratofs which. indeed. IN 'hc
nro-e,nion'- theory he ls Ills answers were hrc''
lut clear and specific. he had 10 defence. ana 10
lu,,, IT, The best be could d. va. damtins me
Net result Of his testimony Wa this N"''i i'' ''"
him privately some time before The divorce "'u"N
had been Instituted that b WIS T." %" brought '"'
Fiaci was guilty of adultery a'' '"nh itH' N' ''
oncc and that he proposed 10 oou-cnt t. tc proceed
,nrs To admit much was. Il clur". io prov" 'h''
an attempt had been made to .ound' him when tho
,rer IN the Gaze upon au application FOR the appoint
,u.ut ~ a referee were submitted to him j." was not
40 special term. where ,uch application 'hnni prop
crlc pc made but 81 trial term. To have them NIB
n.tted under such irr1ilar croum-fano", must nY
any ucroeutlve man have been understood '- signify
ing tina, Mcneil regarded thc -orudn- procc 90, .'i-
factory lie should Lave -cnt ihr Iapors 10 th' Jnls"
sitting al special term. Instead. nc appointed ~"
referee. and naturally confirmed MCNEIL boz Tire mpn',
sion that t.c court. aittudc toward the proceeding
Wa az lci.t 'ompia.ant
III, explanation ~ Nek.s appointment was pill
mny weak. He denied That bee knew %: Weeks ~
lailon Mcneil. or OF Dos position as llt'A' intc
subordinate. in the Comfy CLERKS Office. Int though
acknowledging that hc had known Ner- for eighteen
year. he admitted that u no Other action during all
that time had hc appointed Meel, referee" Nhy Doc
had r..cfycl hm fos th. particular Case b" could n"t
-av some one. Doe cnuiGut remember 'ho bad 90
some time. ho cDridut remember when. suggested
Mock 90. 90 good man to Doc referee and "A.u the
ilac paper came before him Dee happened io ihnh ~
Week, aud wrote BOZ. name the .pur o.: 'hr moment
The cr.dplt, which can accept thl- s boundie... 81
Obi, time. SAYS Judge Iooh-tavcr. De- DID not notice
,loncl's name tAc paper Mr.. ila'k. attorney.
There II was Oh the back Of every ore, az the
bottom # every one, and upon almost
ever, i... vet though hc examined them all Dee did
not .c. '.ancll', name. lie .aw that only when
Mech report handed In and the cisc was ready
for hl, dec. ion. This Immediately after the ap
pointncni. for Mcchs faithful dog ard had ct no
era.s grow under his feet. Upon rcrcevlns Monels
namc and knowing Mcneil e. be Tlack' friend and at
tornc, 10 occurred To- the Judge that the thing had
bad look and he ed 10 sign decree until
Nonclls name va, oil. NotWlth- landing that Mcrk,s
duties the matter were done. the court allowed him
carry oil the papers and when they came back with
Monclls name scratched out and Wuchts written over
IT, he signed The decree. lie admit that Wright never
appeared ALL never demanded judgment Ncehs
was referee and plaintiffs attorney. too. The Judge
accepted Mcrks IA both relations. He claim, that he
dld not notice that the paper, had been altered and
marrcd lie supposed new action had been had all
the through and asks the jury and This community
to believe that prcpo,crou, story Whcn according Ia
hi, evidence, the papers were returned 10 him
within ten day after he surrendered them to Mccls
Thi. the best judge Eoo>taVcr able say for
himself 1t was motion for his own Impeachment.
In cross examining the Judge. Mr.. Bird revealed the
sch, Of the defence, far It can be- said to have
scheme. The effort made to lci out Meek, at the
e. expense Of Booh-tavcr. The que ton, asked
ugly. Each contained distinct mtimation that. in
10 far %, Meek, had committed any Eoo,,tavcr
was rcspon. Die for it. The purpose Of ,hc defence
was t. show that Mr.. Fack wanted the divorce and
that the attitude OF her husband simply acquic,
cent that each of the paper, IN the was prop
crly and lawfully prepared up TO the moment
when they first presented to Judge Boob. iavcr
That there was 10 conspiracy nor any understand.
ing except what might bee implied by the fact that
The woman wanted IL be- relieved Of the man. and
the man Wa willing to have II - that when Judge
Iooh-tavcr grew suddenly scupulous about the bad
look" Of Monolls name, tine hr~t and only Irregular
thing Wa done. 1h, Wa tho substitution IF
Mrl.hi.s name for Moncll-. and the manncr IN which