New-York tribune., 1890-03-23

throughout his and Wassil's previous testimony
both had denied this. lie said that the weekly
allowance to his mother had not been pald LOT
some time, because she could not he got at
in the home of her bro;hcr-in-aw. = a..
David Tim, Sheriff Ehcks cotnSi III ,hc
Slerin's Office occupied an office with Judge
Mcneil in the Stewart Building and he tcstiied 10
being in the Office ON the day thai MSsSs ,, ar If%a
tie testimony OF iufdciity, t. which MIS-. mar
carct Smith and Sarah cannon s"oie' Inc
prosecution did not question nm. !,
Tx-Judcc Russell began his speech Tor the de,
ferrcc moment or two after midday. lie talked
until | O'Clock, when a recess for an Aour was
taken At . O'Clock he began again ana SPOKE
for twS hours sSG ,nit IN Ipcn%S Was as long @
time since he had been Assistant District,
Attorney of this county, and this was the scconu i
time in his life that he had ever appcrTcus pp srd iu
the defence in criminal case. lie couid anoIu
to live without taking criminal cases, ana ne
would never take one unless he Knew tilat 'nc
persons charged with the crime were llnoccil., '.,
The defendants he knew were innocent, ana "eic
entitled TO an acauittal. The reason that ne 'ooh
this case because lie was called Dy AhDiose
Mcneil 10 the latters bedside when nc was ,Hyni,sii
and asked TO sCc that his name was not ailo"cu
to be injured He had known Mcneil lor ,Nei,N
years. There were many irrcgularIies ana notc' e'
in the getting Of the divorce for Mrs: FlacN, he
admitted but there was no crime. lie caleu IL
a comedy of errors. .
Flack he thought, had shown manlincss ana
an uprightness that many men DO not nosscST il
After twenty years of suffering for rhcK' IL
would not be just to punish him further
Colonel Fellows hagan speaking few mlnu'cs
before o'clock. He spoke in part rs foIioWs'
am deoply immersed with the novelty and importance
Of this case first OF IT. KIND shat mas c'e'
brought before jury in this state ana ne ouoo'0
Of 1t will be a lesson which WILL hope pf''c'. = ip s
ton. is said. most singular case i',''cr anu
con OIL one sldr aud a mother oil the other IL II shsu
lar In that it brought to the bar oil crnh 'o"s
cne OF the ishcs. officers OF this city ana county anu NC
has been surrounded by OF the highest distinction IN
this community The first hour OF jude Nusseis au-
dress was interesting the extreme. But 1t had nohhs
to DO with the case. 49,
Colonel Fellows took cX-,Iudgc Russells speech
as the subject for the first part OF his speech ana
treated il in such a humorous strain that nearly
every one in the courtroom was kept IN laughter
for some time. Judge Russell said, continued
Colonel Fellows that in the rural districts the
changing of papers is not looked upon with the
holy horror that it is here in New orK. No. NOT
in st Lawrence County, Judge but here among
The scribes and pharsecs and hypocrites the judy
mcnt rolls shall stand forever. All the ifstulciN
after the default must he ken by an attorney
tained in a suit brought by Benjamin Wright. You
!hs sas~ case ''"' is '"e false Ssesrd Ye% hays
that Mrs Flacl has already begun snlt agalnSt
James A. Flack for illegal association WIN
woman other than the one naped mere, US ~ Is
the suit for absolute divorce. then Dolh lhe
Flacks are guilty.
Colonel Fellows continued:
Mary L. FlacN goes upon the wtness-stand TO-DAY anu
a divorce She has protested that she never has con-
sentec bringing the action for divorce Do Non believe
ti Reasoning from what you know o' human mo-
tlyes do yoa believe her7 Tell ma. gent mon Of the
defence that changed the sentiments o H"'N
T. Flack? You have made her the ruling power IN hlS
effort obtain this divorce. She places 1t al! IN her
husbands hands and her sons reference VIII come
tomorrow and your testimony Don't YOU D'HeNr
her story9 \ woman worked upon by the influence oi
wrong habits il YOU WI broken down by the de'cr'Ion
Of her husband becausc for years cy have not o'"pu
the position Of husband and Wife, bioNn down O'
the fact for she occupied the position OF ser
want in a home whore she ruled as mistress
The attorney for the defence consents that you s"
cali his clients fools, but Lot hna'es one cS-iA-
euishcd Judge and descendant Of judge and man
life has ben spent in the atnophere o' the
hw and attorney sIaduats OF one OF our "eh
known colleges and from one OF the best legal co'Hc7
in the country. Why did James A. Ilack tell Judge
Mcneil that he wanted the referee TO be Ms lriendl WY
friendly refercel tcthcs before the Grand jury
that no Monen together ana on going over IN
names lawyers found that Meeks was the one nc
wanted. Who Wa, Moneili The daily ohcial counsc-
OF the Sheriff. The who had been his persona
counsel for fifteen years. Who came to Mcneil win t'
actions Why plaintiff never saw her attorney A
proofs The defendant tod the plaintiffs lawyer wha'
witnesses get.
My friend has tod YOU Judge Fullerton told you. that
It was rule that the proCC edss OF divorce case
should kept from tire p bile. think that l can say
without successful denal that the utmost publicity
must be given the fact Of the granting Of divorce
The law SAYS that the indecent particulars which sometimes
Characterize these shall be kept from the public
Why the morning after the diNOrC had been granted
did law journal, publish the granting Of the di
vorce Of the case Of FlacH against Flack The fact Of
defendants meeting lawyer for the plaintiff and agree
ing upon Mceks referee il suhe ent fact OF con
spracy. Con>iyer the appointment Of Meck- a. reie'ce
after confer between Noreli and iiatK consider al
this consultation thi, agreement leading mp 20 certain
result and then tell me- Judge Russell did YOU ever hear
OF suit begun. conducted and ended as this was done
The nrncpsi .alty.- the beneficiary. has occupied
ecicc Of Sheriff OF this county. Judge Eoo.stivr Joseph
Mc,4s, a lawyer educated at Columbia ana harvard
Colleges they fools. Judge Russell j. wn? 70 h@'o
you convict them OF being fool. but 10, hna'eS
Is there anything there in uat judgment POLL tntt Is
trueq Not one stee. They til ne that ttat j. no
crfme7 You that jury Of Sew-forHor,f MonrI
ant Flack are bound together. Fr'k ssk, Of th"
action and tells begin The action There wa
the beginning looked the ground over" says
Flack found MeoSs. Mec!s wss u good nan 10 s''