New-York tribune., 1890-03-23
ALL THREE ARE GUILTY.
FLACK CONSPIRACY CASE ENDED
THE JURY RECOMMENDS EXECUTIVE GLEN
ENCY.
ITS DELIBERATIONS LAST THREE HOURS
"WILL" FLACK'S TESTIMONY-EX'JUDG DGE
RUSSELL AND DISTRICT.AT ATTORNEY
FELLOWS SUN UP-JUDGE
BARRETT'S CHARGE.

The jury in the FlacS came in at 1879
this morning and found verdict of guilty against
the three defendants. Sheriff Flack, his son.
WHIP Fack. and Joseph Meeks The jury in giv-
ing the verdict. made strong recommendation for
extreme executive clemency. This was the con-
dtion on which the jurors agreed upon the ver-
dict.
The first ballot after the jury retired eight
for conviction, two for acquittal and two blank.
Then the question of criminal intent up.
and after discovering reporter in the room they
asked the Judge to instruct them TO criminal
intent They then retired and agreed that
if plea for executive clemency could
be given with the verdict they would
agree to a verdict of guilty. A vote was then
taken, and the jury were unanimous for a verdict
of guilty. Judge Barrett said that he could
not fix the bail then, as it Sunday, so he
would allow the case to stand it
until tomorrow at 10 a. m, when tina
defendants will appear In court to have new
bail fixed.
Ex-Judge Russell said that on Monday he would
make several motions. The defendants and their
counsel then went down stairs the Sheriff Office
and locked the door.
Colonel Fellows said last night that a convic-
ton Of a misdemeanor did not deprive one of
elective office. Governor Hill will now be called
upon to proceed against Sheriff Flacl1 to have him
dismissed from office
The jury had not been in their room much
over hour when Judge Barrett hurried into
the courtroom and took his seat. He looked
severe and stern. moment later the Jury fled
in and took their seats. 1t was whispered acound
that verdict had been arrived at.
Judge Barrett addressed the jury, saying.
81 have been informed that very extraordinary
! \ "A
paper has been found hidden behind a. curtain
in the jury-room, taking notes of your delibera.
tions" Judge Barrett turned to Dllworth Choate.
World" reporter, and asked him what he
had TO say. Choate was in the custody Of
court officer.
lie hesitated and the Judge asked the mem
bers Of the jury II they had talked
with the reporter 4 chorus of No, sirs.' came
from them. Judge Barrett said he was sorry that
he did not have power TO punish
the man, but it case for
the District-Attorney. The notes which
Choate had taken were found in his stockings.
Choate refused TO make an affidavit that he would
not publish what he had heard.
There was considerable excitement in the court
room when young Flack numbered up to the wit
ness stand and t5ok the oath.
The son directly contradicted his mother'on all
Of the important points OF her testimony about
the getting OF the divorce. His story agreed
pretty closely with that told By Meeks in his
testimony given on Friday. VIII Flack's story
was as follows lie knew that his father and
mother were living together lsnhappily. His
father first talked with him about getting
divorce early in March Of last year. The Sheriff
said to him: viii, l am in great trouble
To this young Flacl said he answered, Il know
that father without your telling me- Young
! IL
getting divorce early in March of that year.
She told him that she and his father had trouble
and that it would be better for them to live
apart Tie son said that liz asked his mother
to settle the trouble that there would be no
scandal When his father next talked TO him
about the case the Sheriff told his son TO look
after his mothers interests. as he was her
SON. The Sheriff said that he would have 10 get
divorce.
To the question: Did you talk with your
mother since about the dlvorce?' he replied,
Yes. | told her that | would see Judge M,uell
about the case, and see what he had done
o.-Dd you have several conferences with heri A.
Nothing further than that.
o-Are papers which your father gave you last
spring the same condition now ~ they were theni A.
NO there : a question about that.
o.-What change hi, been made A-The name Mary +.
Flaca has been put in where there blank space.
@ Do you remember when that name was put ini A.
| do not.
o.-Do you know in whose handwriting the words
| Mary f. Faek wife Of James A. Fack, arei A-In
Judge Monels
o-ph YOU have any further conference with Judge
| Mcneil regarding the divorce paper-l Al asked him
what should do and he told ne that he would give me
summons aud 4 complaint to take to my mother
o-Whcn thAtl Alt was about April l+
O What did YOU do the summons and complaint
Al took them Up the house for mother TO sign
t Wien I got home found that it would be useless
for me to give them TO her At that time merely tod
A.r that had them.
Q.-whcn dia you st,o her the papersl A-on April
Did She take hemi A.-shc did, but do not
! know what 81 did with thcm.
Q-wherc dt you next see the rapeIsl A'-on tne
! top Of the t'sA IN the dn!ns-roon :,
o.-was the desk which she usedi A-we all
used it.
o when did she sign the papersl A.-on April 10.
| O How was this donc1 A.-On the night before I
od her that Judge Mcneil wanted know II the papers
had been by her The next morning she signed the
She signed the in my presence Ater that "ene
out and got Morris wass public, TO come and
O. What did You say to her Another. this is the
notary who 10 take Your oath
| &, What did she sayl A.-"Al right"
ODD YOU sec her write her namcl O. did.
O -p!d you ever the separation papers which
mother says she thought she ~as 'snnsi Al never
did
You heard your mother testify that Judge Mones
:. .nlc anpcaled on that pspcrl A.-les. sir.
o-pd Judge Monel's name a. witness appear in any
pla,cl A.-N0, sir.
What dti your mother You regarding di.
,orcel A-she OF course would live with
O-What did say regarding your fathers mother and
sisters A-Shc said that those people must get
o-wh.n did YOU first learn OF Meek> IN the case A.
NceAs came to and said that he had been appontcd
,,fer,e in the case lie asked me- II knew ANYTHING
,nont the case told him that did. Then MeeAs said
| th,, he would have get my mothers testimony. Ha
o, me the statutory adsvit and took 70 her thai
| ,ft.rnoon told read the AFFIDAVIT over and I
world bring up referee for her 10 sign It. She sgne1
| The paper on the morning OF June ii In my pretence
When did MccAs cali A.-On that evening
| Young Flacl then told his story of the swear
| inc of Mrs. Flacll to her testimony. The first