New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-04-26

The minority report Is as follows
Tho undersigned members OF your committee dissent
nom the recommendations OF the majority and respect
fully report follows
That the evidence before your committee con.
cusively establishes the following facts:
First-That on or lcforc the ith day OF July. 1889
decree Of signed by Henry w Book ,er
then acting a Judge OF the Court OF Common Pleas
for the city and county of NcwYor in an action pend
Ing In said court in which Mary T. Flack plaintiff
and James A. Flack defendant in which action
Benjamin Wright APPEARED attorney the palnr.
second-That 0 about the I2th day OF July 1889
the Judgment roll in said action was delivered By tho
said Henry w to the clerk Of said court and
by direction OF said Judge the same enclosed in
sealed envelope and the following written thereon
Not to be opened except by order the Court" which
order signed BY said Henry W. Bookstavcr
Thrd-That at the time OF signing said decree
tho said Henry W. Booksavcr knew that the summons
and complaint IN said action, which
formed part OF the ludgmon, roll
therein. fact signed by Benjamin Wright the at.
toney FOR the plaintiff, afer tie Let DAY Of july
1889. and that therefore twenty days could not have
elapsed since the service Of The upon defendant
and knew that the had jurisdiction Of the subject
matter Of the action or the parties thereto.
Fourth-Tha, knowing tina, the summons and complaint
In said action signed by the attorney Tor plaintiff
after the LIST day Of July 1ss9 the said Henry w
Bookstaycr did prior 9Th day OF July in said
year and sign order OF reference Of which the
following is a copy
AT Special Term of the Cour, ot Common Pleas for
the CITY and Of York held at the Court House
IN said city the Sd day Of june 1850
Present Hon. Henry w. Book,,ayer Judge:
MARY +. Fack agt James A. Flsck
"On reading and Ming the summons and complaint
herein. together with due proof BY the affidavit Joseph
amp ~ service ~ the upon ,he defendant
than twenty GAYS since. and the AFFIDAVIT OF Ben amin
Wright. plaintiffs attorney. that demurrr and no
answer has been put In behalf Of said defendant
motion Of BENJAMIN Wright attorney for tc plaintiff
1t is ordered that 1t be referred to Joseph MseSs
counseoraaw, to take proof OF all the material facts
alleged in the complaint and 70 report the with his
opinion to this court with all convenient -pced.
tEnt) al. W. b.. j. c. P"
That notwithstanding the fact that said order o;
reference made and signed after the second
day Of July. 1852 the said Henry w. per
sonally dated the June g. 1889 that said order Of
reference purpocd 70 be granted the motion Of Ben
anin Wright, a. attorney for the plaintiff. and upon
sndsvit Of service made by Joseph DeCamp. aud an
AFFIDAVIT ~ default and 20 regularity made by Benjamin
Wright. attorney for the plaintiff
granting said order Of reference the said Henry w. Book
must have known that the acton had been
menced within three days prior to the granting Of said
order. and that the affidavit OF BENJAMIN Wright
therefore absolutely false.
Fif,h-That, knowing that the said action
menccd after the first day Of July 1852 snd said
Henry w. Bookstavcr allowed the andast ~ service
made by Joseph DeCamp 10 he used said notion
although purported made on thu I'D day
Of April 1899. long before the action commenced
slN,h-rhst the said Henry w. Bookstayer order
make 10 appear that the made at time other
than the time when 1t IN fact made inserted false
date ia said order.
seventh That knowing that the summons which formed a
part of the judgment roll In said action ISSUED
after the lst day Of July 1889 and that tn affidavit Of
regularity was absolutely false aud bore false date. did
before the 18th day Of July. 1889 grant and
decree IN said action based upon complaint verified
the 10Th day Of APRIL 1882 order II reference
dated June B. 1889 the referees report plrpone to
be sworn 70 June H. 1859. the testimony Mary r..
Ilack, pgrloftug 10 be taken June Mar
rare Smith. and q Kate Cannon purpotng have been
taken June 20. 1882 and The referees report dated
% 1850 which rcctcd that was made pursuance
Il order dated June TO- lss9
Elrhth-rha, prior the issuing o, tho summons and
tho signing Of the complaint IN said action bv Wright,
action had been commenced In the name ~ said Mar,
T. Ilack against her husband. James A. fla.i then the
Sheriff Of the County OF NewYorH by Ambrose Mcneil
who then III. attorney and general counsel fos tine
defendant. IN which action Judge Book,aycr had on the
10th day ot June. lso? made order OF reference u
joseph Meks such order having mad, upon
complaint now signed by Benjamin Wright cNccp; that ,c
81 Ambrose Mcneil then subscribed 10 ar
iorncy the plaintiff. upon Tho same afaa,it Of
now IN the judgment roll and which Wa then a.
tach'd e. the summons and complaint signed by Mcneil
that Of the papers constituting the udemont roll m
the action apparently conducted by Benjamin Wright had
been before Judge Bookstaver l.; OF "a ly u Jul,
upon Application for judgment IN the commenced
nv Mcneil At which time Judge Boo-tl,e, had refused Ia
grant the application upon the ground a. stated b,
him IN the allowing language: IL cannot sign
A decree In that case with Mr.. Mcneil, name APP
nearing the attorney for pamun. Ever,
one knows that he Is sheriff Flscks attorney" That
imam thi. statement, Joseph Mc,ks, referee took
n,,.r- 10 benjamin Wright. where the summons VA,
moved and a one substituted sign,d hy benjamin
Wright aud falsely dated April TO- 1852 OF
Ambrose Mcneil erased from the complaint and the name
Of benjamin Wright written In the placc Their o. leaving
tc affidavit Of service attached thereto tat said Wright
then made false andavit OF default and To rcillrty
the urat which Mt first dated said second day
-, Jutr and then changed appear T. have been
made ON the 22d day Of May that these papers were
pr,sentcd Judge Book>tayer either the coma any
~ Illv or within two days thereafter. and new order