New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-01-15
CONDEMNED BY THE BAR.
REPORT ON JUDGE BooKSTAvER's CASE.
COMMITTEE APPOINTED TO SECURE AN IN.
CURRY BY THE ASSEMBLY OF THE STATE.

sta YER of the Court of Common Pleas, in con-
nection with the Flack divorce case was con-
Gcmned by the Association OF the Bar OF the
City Of New-York last night at its annual meet
ing. II was anticipated that the report oil tno
special committee appointed to investigate Judge
Iookstaycr's official acts in the Flack case would
be presented, and in consequence there was an
extremely large attendance of members The
meeting was held in the assembly room at the
house of the association. No. I West twenty
nintb-st. with Joseph II. Choate in the chair.
Secretary IIornblower, of the executive COM
mittcc. reviewed the action Of the association
leading up to the appointment of the investigating
committee. and then read the report of that
committee. which he said had been adopted as
the report of the executive committee This
report was as follows
TEXT OF THE REPORT.
To the Executive Committee of the Association OF tho
Bas Of the city of Ncw-York:
The undersigned constituting the special committee
to which referred the investigation OF the oiGiai
conduct of Judge Henry W. BoOksavcr in connection
with the action i'm the Court OF Common Pleas known
as the Fack divorce case, present this report
Immediately after the Announcement Oi the appoint
mcni "f thc committee Judge Boakstaver wrote to the
member, Of tine committee Offering to appear before
The ~nmmittec AT any time which might be appointed.
AZ our first meeting We elected Mr. Prichard chair
man and Mr. Wilson secretary; ana lnSlrucu@u r @ uic
secretary to request the attendance OF all persons
whose testimony would De likely to be materal 10
such investigations and especially OF Judge BOOK
stavcr himself. Mr. benjamin Wright ana Mr. Jo'opn @
Mceks The latter did not appear IN response to our
invitation There other witnesses who ga MOI ap-
pear before u.s. and regret that We have not had n1
benefit of the facts. which will probably bc brought OUT
Oh the trial of the indictment peu'lhS III t i
with thl, matter judge Bookstiver Mr. Nrehl anu
Mr. TrcadWcll Cleveland came before u, ana ",rc 'N
amncd at length. We have Inspected the ludsnem'
roll in the action of Fack aeain, Flac and the mo
on paper, on the application to set aside thc jug
mcnt IN that action. We have also ieeh a!Glu, 2, ,, a."
cc,s to the minutes Of testimony taken before the Grl
Jury. which found the indictment against Flack ana
Ne proceed to state the facts which. upon such IN
quirv as VIC have made. seem to have been estaO-
li'hcd:
THE FACTS IN THE CASE
First-On the nineteenth day Of April, 1880, a sum
mons was prepared in action brought in the Court OF
Common Pleas In the city of NcwNork wherein Mary
f. Flack Wa, paintiG and James \ fmck was de-
fendant Thi, summons subscribed by Ambrose
Mcneil a, plaintiffs attorney. Vt the same time
compi,lut va, prepared In Moncs handwriting chafg'
ing the defendant with specific at' Of adHi.ey esu %
ling the plaintiff 10 divorce. This complaint w's SUD
scribcd ,, Ambrose Mcneil A. PIah'ui 'l.oln'ai .,
>ccoud-An affidavit OF vcuhcauou !, ann'Neu ~
said ,"mllant NH"nf P,nP ycrifcd by her on the
Crecd BY & te p 9'nn lpr @ ine Scforc Morris wascl
Tr "u the twenty second day Of April, so,
con, If said summon. and complain 1pl"aIS ID nave
I3 Ior3 ,c-,cd on The hicrdart Is -cph De Camp.
rl,. ,nt,yI proving such service sworn io by
n c,,,' ncf,r, sylvester r. Nolan % notary public,
f the tTcuty-c,5ud day ~ APRIL -" ,..
rt,'. ,1 ,r.or 20 tho tcith d,y Il June, --9. an
'rJ,rt of REGULARITY Wd, prepared hy Mcneil. ana
1',. ,.n,d and verified by hu. We have not seen
before whom IT verified. or whether 1t IS s''Il
III fifih"Esfly in June. I--o. the before toned
papcr, together With Irulp, q ord'r - I'i',
& - We r, f.r,c Ncr. found by Judge i.ool ,ta'rr
,n h, d,,k at Chambers in the Court Of common
sixth-som months before that time The name o OF
Mr. Joseph Mceks had been -ue.c't"d 10 'd5o 4 o1H On
.iavcr that Of person whom 10 t"., co nW' IN IN
testimony. he could properly make ri,tonTc Tooi IN
/ .,,,.r .,d that he could not recall Who made that
/ .o,-e.tlon Ills language was: II have tried 10 re-
caI and can't recall whether II wa 1ud-c ,''GMm' M
or Who IL Vas." The name "i |n-'p" ',yL' l, - ~,
-.od lv Iud ,r Hool~ttvcr "a, referee n t' pr'pp',i
order. hlt ro evidence h,' h'' "'''r i , ,'.'' ,n
,'.,,-ci ' Of Mcr'- a, referee U the fh'h divorce
rudrc Hooh-,avcr's statement bcoI u, tnAt AZ t&le &
time Of ssniug The orici "i ',r''Io; I'D ,, n% {
U'n ~, , Wu,u and did not know of Mcea,'- employ
.,,,, an the County clerks omcc
4, ,hc io.n, of the clerk Of the Court Of
Common Ici- a Of 'he datr Of June 10; l77, 7,oo,,,,
~ E,,..' cannon. Margaret smith and MARY +. FhcS
Ninth-Ouc the 1T or "a "i Jnt' -'. nr Hetn, ,t
prirr mentioned paper that Is 10 SAY, the summons
I'M, complaint the proof Of service. ur a'H'Nlt H'
th. dcpo-iton- OF kat Cannon Narsarrt Smlh ana ana
Mary r.. Hack tho rcirrr r,PoI,. u'', o,, [ =
/ tnbro.c Noucn appeared ON thc-c papers a. mt ~
plairtir', attorney. The defendant. Jamo- \ flAct
.i'' w ", ~, I'm. frnu Nc, . and after sufficiently
,,i,'i,, ,i.r a. a. stated before u-. 10 ascertain
'.t ,,,. ,Ic nature of the uroccrdiug decliuci
!" -, 49,, t.,' rhn ulda.'s statement of what
occurred AZ the time J, aN follows
THE JUDGES owN STATEMENT.
a, 4, ,,,t. handed the bundle Of papers back TO
"'.'''''' ,., . .,i.., .x,r,ir,ti,n
Mr. Mccks without any l"F'''' "' "'''' ''.''''
Of them and said to him i cannot ei~h decree III
-, ..,,, Nr Nfnu.ll's name aplc. .ring a. tn"
'i'' ,n.. ,,i,tr.iif ever, one Knows mat hr is
ATM 'riiVl. .ttnrnry II Mrs. Faok wants hrr
ft..ssl fftHlI a
uN"''' ' - m t,t,,,.. .,,,9, ,,turr JUDGE with her
| H'i, "' A'' mn vii moi .ien A decree ou these
paper i '"'ii' ,,..,r,,,t .. hcr attnrucy'
i"PI' VIII 'o, fi.r,,,,,, tnnl hack the papers.
M I',u, '', ,,,t d," nt Illy f--y hc visited
~ t"' ""' ,''n, ,d t,t,d 10 INN tina.
VII; mann It ~, Ia d'ilnct ~ Grant the deere
'tu-' LOU" w., ' ,U t''.,',c Nnu,U appcarrd "a,