The evening world., 1890-01-15
STILL SITS.
On the Bench To-Day, UnmOVed by
the Bar Associations Action,
The Committee TO Present the
Charges at Albany Next Week.

Despite the damning ~nrraignment by
the Bar Association, which points UNI
mistakably to his impeachment and sub
sequent expulsion from his high office,
Judge Henry W. Bookstaver i%mperturb-
ably assembled the bench of tho Court of
Common Pleas, General Term, this morn
ing and proceeded to the dispensing Of
justice.
The scandal arising from the infamous
Flack divorce suit has been for some time
under investigation by a Bar Association
committee, which presented its report Mt
last nights meeting. accompanied by an
emphatic resolution which reads as fol-
lows:
Resoired. That the facts reported by the
subcommittee concerning the judicial con-
Court of Common Pleas OF the city and
county of New York, in the action entitled
Mary E. Flaok against James A. Flack are
such as to call for inquiry by the Assembly
Of the State of New York.
The committee appointed to lay this
matter before the Legislature consists of
Francis Lynde Stetson, Chairman Elihu
Root. George De Forrest. Stephen A.
Walker and Lewis O. Ledyard.
These gentlemen will very soon, prob,
ably next week, lay before the Assembly
the report of the subcommittee which
for the past three months has been in
v~estigating Judge B~ookstayer's n
ton with the Flaok case.
This committee presents an Indictment
against Judge Bookstayer containing
fourteen separate counts. each one of
which forms O distinct charge OF unju-
dicial conduct.
The principal point is made on his own
admission that, whom the papers in the
divorce suit were first presented to him.
and he was asked to sign Referee lMeek's
report he noticed that the late Judge
Mcneil appeared all the way through az
counsel for Mrs. Flack.
This he objected to, as he knew that
Judge Mcneil was the Sheriff's personal
counsel and he refused to sign the decree.
Mr.. Meeks, who presented the papers,
took them away, but two days afterwards
came back with them to Judge Book
staver and showed him q new summons
and complaint, in which Benjamin. Wright
appeared as counsel in the place of Judge
Mcneil, whose name had been simply
erased in several q the papers and that of
Mr.. Wright substituted.
Dates had also been changed in several
instances, and the whole record was evil
IDENTIFY doctored up in the greatest posi-
BILE hurry to make 1t conform TO Judge
Bookstayer's idea of what was right and
proper.
Despite those palpable evidences of
fraud and illegality. Judge Bookstaver
admits that he merely Hooked at the
paper. and ''unhesitatingly signed the de.
cree without any doubt OF the perfect good
faith of all concerned, or q thought that
there could be any reason to suspect ir-
regularities in any Of the papers or in any
At the close of its report the committee
says.
We cannot avoid the conclusion that at the
time Of the final presentation of the papers
and OF signing the decree Judge Bookstaver
must haze knowP that no new action ion, had
service of q new and complaint.
and that. Of course. therefore. there had been
default by the detepdant in any new
action. and that there had been no examina-
tion Of witnesses conducted before the ref
cree by BENJAMIN Wright as plaintiffs at
torney.
A majority vote is required to impeach
a Judge, and If this question is decided
a committee OF the Assem-
bly, Ia appointed to conduct the case be-
fore the Court of Impeachment, the
judge impeached being meanwhile dis
qualified from exercising his office until
he Is acquitted.
The court of impeachment consists of
the President Of the Senate. the Senators
or a majority of them and the Judges of
the Court of Appeals or a majority of
them. Conviction requires the concur
renee of two-thirds of the members of
the court present, which sits in the Capt.
toll at Albany.
The effect of conviction ia only to re-
move the person affected from office.
he may afterwards be indicted
and tried under the criminal law.
To an EVENING WORLD reporter Judge
declined to make any state
regarding the action of the Bar
Association. He said. however, that 1t
his intention TO continue to perform
his duties of q judge.