New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-16
FLACK AT THE BAR.
THE CITY'S PRISON-KEEPER HIMSELF
PRISONER
CHIEF FIGURES IN NOTABLE TRIAL SCENE
THE JUDGE, THE LAWYERS AND The
JURY-IyCIDENTs OF INTEREST IN
TUE GREAT CONSPIRACY CASE.

bgh official unon the charge OF having trickcd and
corrupted a court Of record would probably cause "a
good deal of thinking. NcwYorl however, rarely
thinks about anything else than how to get rich as
soon as possible If it occasionally thought oi It's
public duties would probably secure high officials
who would not commit crimes. The list OF OFFICIALS
Of this city and county who have been indicted onrns
the past twenty years is shockingly long IL nc"ucs
judges. shcrifs, commissioners OF pubic WORKS an"
aldermen The list OF those who ought to have been
indicted would dangerously near to being ma
jority of the whole. II is deplorablc comment on
fhe sp,rit Of Ncw-Yorl II IS dreadful arraignmcnt
Of our municipal system.
In appearance. manner, education, morals ana "a
pactv Flack. he sits before jury on triai Tor
most atrociOus crime. j. an excellent type OF tue
creatures who govern New-Yorl y short. heavy
coarse skinned. thcl1neckcd. bigjawcd fellow Win
little pig eyes, coarse black hair and head that grows
smaller as il goes up. he looks 10 be Just what ne
ia Tammany politician His face shows tliat tic
that sort Of power which Is the basis Oh s'
cess in politics politics Is known IN 1amnahy
HILL His big, square Jaws are significant oi rsoi-
tlon-thc kind of resolution which. having SURROUNDED
IFS owner with following Of gin mill bummcrs'
renders him wholly Indifferent to the opinions OF
respectable pcoplc There is quality Of Low smart
ness revealed in his features and sort OF so"lncss
I'm his dress that always 60 with the political bosses
Of NcwYorl.
This man. after living forty years with good IN
noccnt woman, his lawful wife. the mother OF MS
SON as James L. Flacl, and fifteen Of those forty
years with another woman. mistress, the mother OF
another son. as James A. Raymond. deliberately con
coctcd and carried conspiracy. according 10 inc
Indictment now being tried. by which his lawful "ic'
row an elderly woman OF sixty. was fraudnlen'y
thrown aside without penny Of provision. through
a divorce proceeding in which In her name but win
out her knowledge. he accused himself OF adultery
and confessed himself guilty lie had ms own
net his intimate irlcnu
and dcpcndent appointed referee. and he employed MS
son and heir the instrument by which she "as
triccd into signing papers She had never read ana
lv the force of which she tossed. pennies ana
alone and in her old age, upon The world lhla Is
,hc man whom Tammanv Hall selected for its Grand
Sachcm. and to whom il gave the two richest ohcc'
Of New York This is the man who was placed by
over 100 900 votes in the Office Of County Clerk ana
bv an even larger number in the Office ~ shcrih.
And today as he confronts court and jury on inns
charge Of conspiracy. lie Is thai cOurts ch'i 0h'r'
the custodian Of millions OF trust funds and the keeper
of the city's criminals. Was there ever situation
mat more sharply challenges the attention Of the
pcoplcl
Whatever lie denies these fact hc admits: that he
has been leading double life FOR fifteen years in one
house a. Flacl IN another a, Raymond and OF course
In open adultery that the papers purp'r'ins to be the
complaint Of his wife in suit Tor divorce alleging
this crime drawn mp hv man VINO ih been
FOR many years Nr f'fiLN'ilii lH'N' HiiN '''''''
that ihi. man appeared a, her counsel that hc made
no defence t. thl, socallrd complaint. that Judge
Ioolstaycr appointed referee ia tho ca-c man VIII
had long been his Hlick'- friend. and whom h' had
appointed T. Office and that the decree ot divorce Wa
issued ON tins man. report. These fact, are hct'
Of record. They cannot be di-pu."d. AID set he
-.il hold, on 10 h, Office of sheriff with audacty
colossal a. it is .cAndaou-.
Mr. Justice Barrett preside. at riac's- trial It
is refreshing 90 turn from the spectacle prs utcl hi
Hack and his abomnahlc history e. the court ard jury
Who 1T in judgment ON him. judge Barrett i- -f'"i
ind-c There are doubles other vs. o.. i'srnei
A. purc A. strong a. Ac But Theirs are many who
d. not have nearly 80 careful regard for justice. lie
Cannot understand that the law was made t. enable
guilty men 90 escape iheir just DOOM OF innocent one"
TO ic os.naicd in technical mo- hr. lie believe that
Do b.. better 90 Wind sfc Tire night ;Atn 10 MAINTAIN tic
eternity and uuvcrlty 81 what ago and in other
lard, and under oihee .o0.a ard political systems AMI
with REGARD 10 different condition. respectable
elderly gent NAV have defined a. cra. principle
This does not mean that he would pcr,crt te law n
secure justice bat merely that he would lot rcrni;
the law 20 De perverted - defeat justice. Lawyer
who have been PAID Bug get blk rascals ont OF
biz sciape, are -iow - appreciate this distinction.
ON the bench Judge barrett j, every inch judge
nj, complete authority at an time, evident often
impressive ard set II is rarely expressed ia words.
10 be sad and put into clear
accurate phr,c-. Ill tones quiet
and in them pentlcncss and nrmhc., blended On a
way that B. necessarily elective. since they with
out offence ard get intoorint oi controversies. Law
ser. meyer ~ansncr back" 10 Judge Jarrett VIVA,
vouif open if they id j. ntcrc ting subject for
spcrali r. lave tho feeling that they would be
frozen .... once. in a boOdc7 case. john Graham
.ald onethine which implied that the Court WIS cN
cfting an undue influence against h client. 40 least
he started 10 ny H. But before hc had got the words
out Of his mouth Judge Barrett looked AT hun with
an intensity that made the lawyer hc tale. That
VIII d. Mr.. Griham!7 he said, In very low but pain
fully distinct tones. 1t did DO. Tie old mans voice
vanished.
The lawyers I'm thi. case ARC .irsnrclv assorted.
Homecoming the Fiacls are cA Jude Horace Russell
and Judge Fullerton two men different Ia method
and manner a. # they were Of distinct races. II i.
limos blc not to wonder how ON earth Judge Rus ell
ever got into such ease. Among the members Of
the bar OF New York he /. a. the last who
would be looked for as the coun Fl for a fammany
politician. 4 man of wealth aud culture. refined. hon
orablc straightforward. ANA above the devices which
are employed 30 generally IN ~ TINS kind Ia
Justify the suppO-On tha thcy regarded - nccca
-ary 10 successful defence. he seems TO be Ont '
place This is the more striking when one reflect,
how rarely he appear, ia court at all and how com
plctcly lie has abandoned the criminal practice. lie
is a lawyer Of much ability. lie has courage, tact
address and abundant resource. Ills appearance j,
pleasing frank and sincere. lle understand the Grim
uaI law. Nj these things would make him one Of
the best lawyers III Ncv York for an innocent de
PENDANT but be- cannot be relied upon to do ANYTHING
dscTcdtablc
Judge Russell was Of that splendid company OF
young men with whom Benjamin X. Phelps surrounded
himself when he was District Attorney. producing 4
.taf Of prosecutors which has never known H. equal
since. Commercial crimes were usually nifu-cd IA
his care. and the bramcy Of III, work won him =
deserved reputation. sarcasm Wa, one Of hi avori;c
weapons, and he cmplo} ed IL often with terrible effect
1 pon one occasion hc was prosecuting man accused
Of safe burglary. The defendant was employed BY an
express company and had possession Of the safe. lie
carried IL over into jersey. opened il, captured ai
immense booty. and then dropped the safe into The
North River his way home. lie soon launched oui
into ~. pirOus cxravaeancc,. The defence undertook
to explain this by claiming that lac had an aunt who
had died and left him money. This was much talked