The sun., 1890-01-15
IMPEACHMENT MAY FOLLOW.
THE BAR LSSOCIA TTON DECIDES
AGAINST JUDGE BOOKsTATER.

|
His Conduct in the FIaek Case Tho
Point Made On the sham Second suIt
Against FiRck FInished in n Fortnight.
The Bar Association passed this resolution
at Its annual meeting last night:
Resored That the facts reported by the sub commit
tee concerning the Judicial conduct OF II. W. Book
sthver JddRs Of the Court OF Common Pleas of tho
city and county of New York in the action entitled
Mary B. Flaok against James A Flack, are such to
call for inquiry by tho Assembly of the State OF New
| York.
| A committee OF i've was then appointed by
| President Joseph H. Choate to take the report
OF tho investigating committee in the case to
| Albany and lay the matter before the Assem-
| bly,. Mr. Choate named as the committee VIM.
b. Hornblower. Chairman; Elihu Root. George
| De Forest Lord, Stephen A. Walker, and Lewis
c. Ledyard. Mr.. Hornblower asked TO be ex-
| cused for personal reasons. Mr.. Choate said
he did not think he had the power to excuse
him. but MIR. Hornblower. II he chose. might
positively decline to serve. Mr.. Hornblower
then positively refused to serve, and Mr..
| Choate appointed Francis Lynde Stetson Chair
! man OF the committee.
| This action, IL was explained last night is to
be regarded as the expression OF the associa-
tons opinion. Judge Bookstaver Is not q
member OF the association. and therefore its
scope is limited. Neither report nor resolution
advise the Assembly to impeach. but the asso-
| citation comes as close to that step as was con-
sidered advisable in the conference of the
! Executive Committee. The committee to take
the report to Albany has received no instruc-
! tions. 1t was stated last night that its move-
| ments will be guided chiefly by precedents
| In impeachment cases the Assembly first
| votes whether or not to impeach. II majority
| OF all the members elected vote to impeach q
Judge he stands impeached. and is thereby die
| qualified from exercising his office until he is
acquitted. The Assembly appoints com
mittee to conduct the case before the
| Court OF Impeachment. which consists of
| the President OF the Senate, the Sena-
| tors. or majority Of them. and the
Judges Of the Court Of Appeals. or a majority
| OF them. No person can be convicted without
| the concurrence OF two-thirds Of the members
present Of the court The court sits in the
| Capitol at Albany. 1t may sit in recess OF
the Legislature. Its judgment does not ex-
tend further than to removal from Office or re-
moval and disqualification but the person i'm
| psached is also liable to Indictment and pun
Early last evening the Executive Committee
before the whole association and framed the
| resolution given above to accompany It, me
club House sea al O'Clock. There was a large at
tendance. The report and resolutions were
H s meeting ct BY SR B.
| There was dense silence during the reading.
The report says that Judge Eookstaver wrote
offering 70 appear and testify, The commitlee
invited all persons whose evidence was likely
and some others did not. and the committee
regrets that it has not the benefit Of al the
trial. The papers in the divorce case and tho
minutes OF the testimony before the Grand
9@ry upon nsS such n9niry @ as We have made seem to
| have been establtshed;" -
Common Pleas wherein Mary Z. F1ack was
plaintiff and James A. Flack was defendant.
Mcneil, as plaintifTs attorney. AT the same
timea complaint was prepared in Monell's
divorce. This complaint was subscribed by
Seconl--An affldavit Of Yerifcation is annex
| ed to said complaint. which purports to have
aeT 49, ~ 18sS ST. beore MOTHS 5 wase
TbrdHon April %. 1885, COPY of said sum-
| mons and complaint appears to have been
The affidavit proving such service, was sworn
Fourtha.,At some date supsequent TO- De
affidavit OF regularity was prepared by Mcneil.
| and was signed and verified by him. We have
TO- 10 ascertain S before whom ON It was verified. or
| whether II Is still In existence.
| tlttn-Early IN June, 1883, the DelOro men
| OF reference. with blank space to allow OF the
insertion Of the name OF the referee, were found
by Judge Booketaver on his desk at Chambers
| in the Court Of Common Pleas.
Sixth.Some months before, that time the
name Of Mr.; Joseph Meeks had been suggested
whom to quote from his testimony. he
referee %as necessar9 s Judge Bookstaver BOOK
said that he could not recall who made that
and f Shbor a Tsa Ws
Judge Mcneil Or who It was The name OF
| as referee in the proposed order, but no
evidence has been produced before us that any
person suggested 70 Judge Bookstaver the APP
In opposition to Judge Bookstqver's statement
Yi Of referenee he did not % Know ~ that Meefs I was
brother in Jaw Of Ambrose Mcneil. and did not
know OF Meeks's employment in the County
Seventh entry Of the said order of ref
fess a o tSe
CEfisRth-Mr. Meeks as referee. took tho de-
RosdhGns end hary E. FseH hSsH cannon ufeAre' smith,
.'Nint6con the ist or I'd Of July, 1889, Mr..
staver with the before mentioned papers. that
Is to say, the summons the complaint. the
order Of reference the Referee 8 oath.the depo;
Stions Sf KatS C9PnoR, ann Margaret smith d and
| cree. The name OF Ambrose Monel appeared
ney The defendant, James A. Flack made de-
| fault and did not appear: Judge Book;
after sufficiently examining them, as he
stated before us. to ascertain In -, a
| proceeding declined to sign the decree. The
| Judges statement of what occurred at the
| time is as follows:
II instantly handed the bundle OF papers
back to MIR. Meeks without any further or
| other examination Of them. and said TO him
! Il cannot sign decree in that case with MIR.
Monels name appearing as the attorney for
ths Plainun; every 9nS sn9Ts Eac ne D rs she5iI
| divorce she must either ger another attorney to
| appear for her. or she must go before some
other Judge with her papers; certainly will
not sign a decree In these papers with Mcneil
| appearing az her attorney"
4enth-Mr. Meeks thereupon took back the
papers: on the I'd daV OF July, 1882 he visited
Mr.. benjamin Wright, and stated to him that
| Indpn Book RtaYar had declined TO grant tho