Evening journal., 1890-03-25
MuRE GnlEF Fun FLACk.
To Be Ousted from the Sherifi's
Office.
GoFERSoR HILL TAKES ACTION.

The Convicted sheriff Required 70 SHOW
Cause Why He should Not 80 Re-
moved Eight Days for Preparation.
APrxsng Reporters Contempt OF Court.
Ezw YoRK, March e5 -one of the clos
tGg acts in the drama in which sheriff
ls2cS has played the principal part was
psSormed yesterday afternoon. It consist.
o1 IN the serving OF this convicted public
c2ncial With an order requiring him to ap
pear lef9Te Governor Hill within eight days
70 show cause why he should not be re-
moyea a. sheriff Of this county. These papers
were served upon the sheriff in his Office a.
$50 O'Clock yesterday afternoon by Col. +.
l. Judsons Of Governor HnTs staff. They
consisted Of letter from the governor in
forming Mr.. Flack that charges had been
preferrei against him BY the attorney gen
eral, and notifying him to appear at Albany
within the prescribed time, and a copy OF
the charges These accusations had eyi.
IDENTIFY been preferred Immediately after the
news or Mr. Flack's conviction reached AL.
bany and were presented to the governor at
once.
The Charges Against FIacis.
Attorney General Tabor's communication
to the governor says that charges are pre-
ferred against James A. FiaclS on the ground
that the latter is guilty OF conspiracy IN
having, while sheriff in 1859, conspired with
Others q commit certain acts for the OBJ
struction Of Justice, and particularly t.
falsfy, instituta and maintain "a certain
action Tor divorce in favor OF his wife
against himself which were specifically SEA
forth in q certain Indictment found against
him in the court Of general sessions, and
for which crime be has been convicted
Fiack VIII ne Ready.
The paper further says that though this
does not create a vacancy in the Office OF
sheriff, it presents proper grounds for the
removal OF the sheriff
Flack read the papers aud told Col Jud.
son he would be ready in time. Then he
sent them to his lawyer, Judge Horace Rus
sell, and referred reporters to the latter
Judge Russell, however, was just as nm
communicative Deputy Street Cleaning
Commissioner Bernard r. Martin was one
of the first to call upon the sheriff after
Col Judson left He spent several minutes
In conversation with the latter but what
passed between them could not be learned
Judge Barrett yesterday postponed his
agment in the Flack case until next Fri
y, 10 order TO satisfy himself as 10 the
Lsoper course 10 pursue.
The Spy Ia the Jury Room.
Ghe moment Judge Barrett took his seat
dEige Russell arose and said. "On behalf
cY the defendants in this case | would re-.
e1ecttully ask your honor for little time
before sentence is pronounced In order that
! may examine the papers and prepare for
the motion for a new trial. have not been
able 70 examine into the episode which oc-
CURED on that night sufficiently 10 take
definite action 1 refer, OF course. TO the
presence OF a spy In the jury room while the
jurors were deiiberatinRr The spy re-.
ferred to was Dilworth Choate The World
reporter, who was found concealed IN the
jury room In granting Judge Russel's re-
quest Judge Barrett referred as follows "a
the apy incident;
WM For Contempt Of Court.
"Since the adjournment Of the court /
have given the matter very careful atten.
ton have found a case where the court
Of appeals intimates that the grand jury
poom is part and parcel Of the court, and
Ahat q contempt committed ia the grand
fury room is contempt committed ia the
EBsnence Of the court Il may be close
question, but there is certainly some justi.
fication for the idea. / desire that q rule
TO show cause shall issue against this per.
son, Mr.. Dilworth Choate, 70 show whether
he should not be punished for contempt Of
court
This will afford him an opportunity tc
obtain counsel The district attorney will
dictate 70 the stenographer an exact tran
script OF what took place, with aftidavite Of
some of the attendants In court
If it be shown that this person in our
presence agreed not 10 publish what be had
written concerning the proceedings in the
jury room, and II be has since Published II.
that will constitute an aggravation Of the
contempt Judge Barrett then adjourned
the court
1t is generally believed that The counsel
for the defense will make the presence of q
spy in the jury room the foundation Of q
plea for a new trial