Evening journal., 1890-03-18
TN THE FLAcK TRIAL.

4ndre Bookstaver Describes Ills Com
nection with the Divorce Suit.
NEW YoRx. March 1s-At the trial OF
lhe alleged Flacz conspirators Nathaniel
Jarvis, Jr formerly chief clerk Of the court
If common pleas, said that the original
order OF reference was not filed, as 1t should
have been, July l2, Judge Bookstaver called
him, the witness said, into his library and
directed him to mark the order and TO enter
it ia the book as filed June TO- saying that il
was an omission on his part in not having it
lled at the proper time. This the witness did.
on cross examination hy ex-Jndge Russell
the witness said it was a common custom in
lhe court Of common pleas for the judges 90
order the sealing upof the Judgment rolls ia
divorce proceedings and to omit the previous
Cling 81 orders
Judge Bookstaver testified that in a con-
gersation with ex-Judge Mcneil early in
1889 the latter remarked that there was
trouble between Sheriff Flaek and his wife,
and that the latter had threatened 70 bring
an action for divorce.
Judge Mcneil said it would not be con-
troyerte0 ~ the defendant He had never
appointed Mr. Meelss as referee in any other
case. He could not recall who suggested him
as referee in the Flack case nor could he fix
the date of the suggestion.
The FIRST intimation he had Of a divorce
mT Was Wien The papers were presented 70
him by cieI& o. .ae colis. NS attorney
appeared then After cursorily examining
lh6m he signed the order Of reference and
banded it down to au officer qf the court
He had selected, be said, Meek's name from
list Of available lawyers suggested TO him
months before this The next he heard Of
the case was when Mr.. Meeks presented the
papers To him In his private chambers early
Ia July. He saw from the papers that Mr..
Mcneil appeared as counsel for Mrs Flack
~ said 20 Mr. Meeks that Judge Mcneil
was well known as the attorney for the
sheriff, and should appsar a. the attorney
for the defendant. not for The r-ai1flI-
therefore refused 70 sign the tserse pre-
sented . me.
The witness continued 70 tks eEsga -Ezs
though Meeks told him q Nrs Fl1szs .gng
acquaintance with Judge El11el4 t11 beg
unwillingness to employ another .zwgsr. az
itill refused 70 sign ths paper. le-l1s t-s
referee that Mrs Flack mrst tLzu arrly tl
another Judge. He tbe1 said t1at Mr.
Meels returned several days after with tls
name BENJAMIN Wright substituted rs ~.
tornoy Of record This be confirmed aite;
three interviews
When he was shown the order of reference
dated June B 1889, be swore that il was tae
FIRST order he signed; be did not, he said
then notice the name Of Mrs. tlack's AZ
torney. He identified next the second orde
Of reference and his signature.
He further identified his signature 20 tn
decree in the Judgment roll Of the case
dated July IL, 1880 Previous 70 this b
had fourth interview, he said, with Mr
Meeks, and on reading the Judgment orde
asked what provisions iu the way Of alimon.
had been made for the plaintiff.
Mr.. Meeks replied that that matter ha
been satisfactorily arranged.
District Attorney Fellows said gravely;
''Can you say that the judgment roll, 9
signed by you, was presented during II
fourth interview with Mr. Meeksfi
.No,n answered the witness, in a voi'
that was almost a whisper, mot on thi
dayn