The sun., 1890-03-23
GUILTY, ALL THREE!
The Flack Trial Ends
at 1926 A. M.
FIRST BALLOT, Two FOR ACQUITTAL
The Defendants Recommended to ha
Extreme Mercy Of the Court.

Trial will bo Moved-The Extreme PoAs
atty "a Year In Prison and $500 Pins--
Possible Sequeis OF tho Coaviotion-A
Reporter CauEh EavesdroPPinE In the
Jury Room-SharP Encounters Botweoa
beach and Bar-JudEo Barrett's Charge
Conaidered Severe By tho Defoaoa.
Guilty, all threel This was the verdlUA
rendered at 1925 o'clock this morning in the
Oyer and Termlner court room against ShoFfR
James A. Flack OF the county Of New York, his
son William L.. and Joseph Meeks, accused Of
conspiracy to obtain q divorce fraudulently.
"A strong recommendation to the ox-
tremo mercy OF the Court" accompanied
the verdict. Tho extreme penalty under
tho conviction is a years imprisonment In
the penitentiary and $500 fine. Motion for
new trial will be made on Monday, and moan.
whilo the defendants are at liberty under bail
Mrs. Flack was not in court whom tho verdict
was announced.
Tho verdict may have far-reschinR results.
Its probable effect upon the impeachment
proceedings in the Legislature against Judge
Bookstaver are OF grave concern to that ofloial.
The administration OF the sheriff's offlce may
change hands by Gov. Hills interference.
Judge Barrett began his charge at exactly
| Z O'Clock. Tho jury had had their dinners. The
court room was fairly well filled with speota-
tors whom the doors were locked. Sheriff Flack
sat directly behind Mr.. Fullerton. and
| looked interested. There was senSa-
tion when Judge Barrett solemnly
declared that the divorce was unquestonably
fraudulent; but even that did not urge an OK
preston into the Sherifs face. Mr.. Russell
partly arose, however. and motioned to Mr..
Fullerton. who nodded and began writing. All
the lawyers and defendants shifted in their
seats and there was a buzz among the speota-
| tors.
! As tho charge proceeded and Judge Barrett
| laid down another and another point Of law
| which seemed to tell against the defence. and
| defined conspiracy In a way that made the
lawyers shift again and whisper. and de-
nounced Meeks's course. the interest among
| the spectators increased visibly, and William
Fack looked worried and nervous but
tho Sheriff sat apparently unconcerned.
! Mr. Russell got to wipinG his forehead with his
handk erchief after while. and all tho lawyers
for the defence were continually scratching
notes on scraps o: paper. When Meekss turn
/ came. he foil to wiping his forehead with his
| handkerchief, too.
SHARP DENIALs OF REQUESTS TO CHARGE.
| The charge Was over an hour and twenty
/ minutes in length. 1t was ~ when the law
yers for the defence got the floor again. and
. NJ R,,a oil fnnn ha hnn yuit liuf nfx
quests to charge Judge Barrett made few OBJ
jections to his requests. But when Mr.. Bird
| got up there was little music.
| Mr. Bird asked the Court to charge that
! Judge Bookstaver WAS judge Of the regularity
| OF the paper. Judge Barrett declined sharply.
! Mr. Bro repeated the same request in dozen
other motions ingeniously worded and Judge
! Barrett denied them all, and at length ex-
>. claimed:
Il decline to charge everything that relates
| to Judge BookstaVer."
| Mr. Bird abandoned the attempt for the time,
but later on asked him to charge that, II the
order was given TO Meeks by Judge Book
staver to substitute Wright for Mcneil. Meeks
! had right to assume It was proper order.
! Judge Larrctt said sharply that he would not
| do anything OF the sort.
| POINTED EXCEPTIONS.
| they. were all in Mr.. Bird arose and In a sub
| dued voice said that the defence had two or
@ Sn! o. Or Keep t5em in aPtfl The s5cYptioas Eers
and said that he would hear the exceptions
then and have I, all out on the SPOT
| When he got tired another lawyer for the do.
fence took his place All four. had turns. and
began by excepting @ 10 Judge Barrett's ian
gnnge about An insult" to him BY the defend-
ants counsel to his characterization OF the
nIVnTpn fraudulent. nanlnFaGOn
! that the preparations OF the summons WAS not
irregular but fraudulent; to his statement that
/ the anneXinH of the affidavit Of service to the
! papers was fraud and mpostpre on tho court:
tG his dsnion 0f doubt Hnd to
SIr. Russell. Mr. Bird, took lot
! point In Judge Barrett's entire charge that was
not made the subject Of an exception OF 9E 9ne
rued some Of tho points raised. DO:
claHnG that. he was msquoted., and
/ yidua words. Thcy were not cases. however.
hat changed the force q the charge.
nor 't; 0 T@s mild Part Z the time 5e
was smiling as man smiles who is perfectly
| hand, were earnest and emphatic In manner.
| WHAT THE Defence THOUGHT OF THE CHAR0R
| They did not get through until after O'Clock.
! Then J,dge batre,t abruptly dismissed the
! court room. lie said he would walt reasonA-
| bic tim" Tor an agreement.
There was a buzz in the court room as soon
| a. tho JUDGE and Jury had retired. Tho law
| yer- gathe ed around tho Sheriff and his son
| ALd Mr. Meeks. ana talked earnestly. They
! would not express any opinions for publicG-
| ton hut out OF the buzz OF voices several dos
ta'hed phrases were distinctly heard. One
| va;
&c expected it. Didn't say hod do itH Why
| II was his charge convicted sharp"
| Another expression War:
| Personal opinions. pure and simple. with
| out law or reHSOu."
| The only thing the deiendants' lawyers would
| FaY 10 tho reporter was that Judge Barrett's
| charge WIS charge within tho law for con-
| yiction. Ah" and incy delivered. they added.
| They as" snld tuat In case Of . conviction
! they would AT ono move for now
! trial. Shrril ilaCk listened to all the lawyers
| bad 10 say WIN perfectly eNpreIsionlsss face
lis was leaning again,t I'll" cnd OF the Jury hox.
| liH sA,i no hing to any one. " IN FlAck walked
around and talk -d to the lawyers in turn. Tho
most nervou. man III tho room. by all odds