The evening world., 1890-03-31
But Judge Van Brunt Promptly Grants
Than a Stay.
All Three 10 Make an Appeal TO the
GsleraI Term.
Reporter CboLte Sent to Ludlow
Street JuiI for Contempt.

Ex-Sherin Flack. looking more cheerful
than before in six months, entered the
Court of Oyer and Terminer today in the
company of his successor, tho crippled old
veteran. Gen. Daniel l.. Sicklcs, to listen 10
the decision made by Justice Barrett on the
motion for a new trial made by his counsel.
ex-Judge Horace Russell, on Friday last.
Following tho two sherils was Joseph
Meeks. the good -naturod friend of FlRck,
who acted as referee in tho mock divorce
suit which separated Mary L. Flack from
the father OF her thirty ight-year-old Bon.
Aud next came that son. William L. Black,
who aided in the scheme to free hie father
from the bonds Of forty years so that he
might marry Sarah Cherry. his concubine.
BY whom he had another son.
The lawyers. ey-Judges Fullerton and
Russell. John ii. Bird and Frank Carpenter,
we're with them. and District-Attorney Eel
lows and three assistants we're on hand.
Justice Barrett read his decision on the
motion. He declared that new trial could
only he granted when verdict of guilty had
been yitlated by prejudice.
- In this case the motion rests on the sec
tion of law which says that when verdict
is arrived at by lot or ly some other means
than u fair expression of the opinion OF the
Jurors new trial sh ould be had.
The defense rely upon the episode OF
Saturday night, when il was discovered that
a reporter had been concealed IN the jnry-
EoG%m 1t sh"wn h,' ,sG With h,59Ssr ailSsr
OF the jurors The, Jury returned TO
the court-room and listened TO the
proceedings in which the reporter NEGATIVELY
had heard in the iury-room. 1hey asked
further inytruction. were so instructed aud
retired for turther consideration; A.,
not ask that the Jury be discharged
:" 1 find no decision in this state which
goes to vitlRte the verdict because OF such
yerdicts have been repeatedly sustained
6ailifs have teen in ths iurSyI1room:
lorG Disagreement by Jury a constable
told one OF ths Jurors that q boy had been
ground to pieces in his mill, thus max nR
the tlror anxious to get away aud the Juror
CHANGED his vote the decision was that the
verdict was good and holding.
In many cases the athdaylts OF the
Jurors that their verdict WAS renderedlon the
evidence alone, and not affected by tho in.
truder. have been received. and the verdict
was srn'tained. the Court saylnE mat u
would Ia idle TO set aside verdict any time
because of the interference with the Jury OF
some ofcions person.
" In one case constable told Jury that
they could bring in verdict OF ma slAngh-
ter. The Jury agreed upon mAnsIaughter,
and the verdict was sustained
Justice Jarrett then denied the motion
made in behalf OF eT-Sherln tlack. william
sustaining his denial OF the motion IN
learned written opinion In which the
question in paint WAS discussedin in mastery
Ihe three couspirators. at first confident.
turned red. and at the conclusion OF the
disqulsition OF Justice Barrett looked like
"JHa JusIiee barrett said the setting aside of
the verdict would offer premium ON inter
terence with jurors, Gnd AdeiendAnt might
rest secure OF neE trial II convicted, ouly
having to arrange Iith some friend To hang
about the juTy-rOoln, listening and prying
into their deliberations,
At any rate the detandapts made 10 oblec-
tion at the time OF the diNeoyery Of the IN
lruder aud they were MOI Ahut out from OBJ
icetipg TO the acts OF the my, -, -.
conrt-room aud seated hun self IN . quiet
corner during the reading OF the decision.
The motion was denied ON sTeTy point, and
Col. Fellows s9lemnly moved that sentence
ES-Judge Russell. tremulou1 with emo
ton. spoke for tiye minutes In . plea Tor
mercy TO his elients, while the eS1 'he5in aud
their table aud the younger man Wept,
Judge Russell called attention ~ the rec I
Of the Jury for eNtrent mercy. /
thSt no one Of them bel eyed teat the |
divorce case Was begun without the knowl- |
edge and consent OF Mrs. FiAek.
splrators for the InisdemeanoTs OF which /
they had been convicted, i
Mr.. Bril- asked n the manly stan1 OF i
Joseph Meeks in absOlSing his dehpd- /
ants from any share IA his wrongful St, {
aud his exposure oi q corrupt Judge frHn I
Ine W,toess chair. did not recommend HIN
to the clemency Of ius q e.
col. Fellows declared that he VAS not fer .
vengeance. aud left 10 entirely To the Court
Ancient Chef Clerk sparks called janet
A, Flaek fret to the bar. The ex-Sherih
took fresh grip on the bar a. justice Bar
rett said solemnly; L
- I would not add one drop to your emp OF T
woe. Ihe jury recommended YOU 90 the
extreme mercy, an unusual thing, nave
fndeayored 20 fAthom their meaning In an
eyiden. desire for = minimum puniEhmenL
unless they were ot opln.on that lndlNiduRl
and perSoEAl punishment Was OF indifferent
aud small impol tAuce as AGAINST thelr Ve--
Met that cosrupt divorces could not be OBJ
tame EeIR viii lnlpunltvt
., 49, 10 cuu.luar. Lll. ElacA. Mhal ]