New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-03-19
MRS. FLACK TEST1F1ES.
sur TELLS HER STORY OF HOW THE
SHERIFF SECURED THE DIVORCE.
RATHER A POOR WITNESS FOR THE PRosEco-
rrox HER son TOLD HER THAT SHE
COULD TRUST HIN - JUDGE BOOK
srAvER,s TESTIMONY CONT NUED.

STAVER'S TESTIMONY CONF NtED
Mrs Mary f. Flack told her story yesterday Of tho
,av her husband, sheriff James A. Flack. obtained
,ivorce from her when she supposed that he was
-et,ipr a separation. Judge BOOkstaver was pre-
riousIy examined to his connection with the case
Neither of these two important factors IN the tai
made a good witness. Judge Bookstaver was. or al
least appeared to be- much in the dark on many points
Of extreme consequence While on the other mana
Mrs Flacks forgctfuness and consequent contraoic-
lions made an impression on the jury which was not
favorable to the prosecution. The dull ana prosy
proccedings were greatly enivened by Mrs fiaVh
appearance in the afternoon. Many times she p'oNo
down and cried and again ut Intervals ac'eo j" I"
manner that bordcrcd obsnacy. Wheh court
opened the room crowded. The two delehoa"'s'
lanes A. and william Flack, were on mana carry
Their lawyers ex-Judge Horace Russell ana eA-'""ho
Fullerton joined them. Referee "ec"' anu
his counsel. Mr. Bird were also there early
During the giving of Mrs. Flacks tcstihon' ne.
hsh.nd and son sat directly in front of her, most
Of the time staring into her face. So
Rollins listened for a while to the testimony Oh Judge
Bookstaver the first witness. Assistant D'S'ioV:Nt
torncy Golf began his redirect examination as ioi
lows . a., .s
o-I drec. your attention to the words in the ludg
man, call which saw ..upon motion OF Benjamin
Wright" Did he appear before your A'-No' ST.
Odd any person appear for himY A.-No' sir
n Did Won eyer see Mr.. Wright A.-No sir.
O-when YOU read the papers as you say you oid ana
~ ha, there were no provisions for alimony, didn't II
ccur TO YOU that Mr.. Meek referee should look out
for that Al took Mr.. Meeks's word for It,
n You made strong statement before the Bar Asso-
citation .,, =,
ExJudge Russell-On behalf of the Flscks. on trial.
move to strike all this testimony no conspiracy has
been proved.
Judge Barrett-I deny the motion.
Here Mr. Bird Meeas's attorney, created sensation
~ asking that Benjamin Wright be excluded from the
courtroom This done and Mr. Wright walked
nut with the eyes of every one in the room fastened
mon him. Mr. Bird then took up the cross-examina
ton of Judge Boolstavcr. as follows:
O-You have known Mr.. Mcneil a long timeF Al
have ~
Ole occupied a prominent positions Ayes; he
was justice OF a district court
O-what was his character? A.-Good
O.-How long you known Mr. Meeks! A'-HNer
,Ince he went into Superior Court Office
Q-Do you know Of any act OF his which renec's upon
his character awyerl A-No' sir
owhen YOU appointed him referee. did you feel GEN.
6dent OF his qualities a a lawyer7 Al did
o-Now sir did you prior to the application FOR
sppontnent Of Mceks referee in the case OF flack
against Flack action had been taken IN that case
T. q true that YOU in any way conferred with or
combined with any Of parties in the case Alt Is
not. , l., 49,, , 90
Q-Now. Judge. you say that early in the spring or
winter of 1889 you had conference with Mcneil "ere
a 81 thu other defendants there that timo' A.No
o.when was the next time that you heard anything
Az
appontuent Of referee was made That was wheh
w. string on the bench at the trial term.
owhat papers were submitted to you7 ALL OF
tho ordinary papers.
Odd Mr. Meeks request to be appointed referee :
A.-No. sir. .
o-can You tell who asked to have him appointed
Al cannot
o-Do you still say you don't remember who made
the applications Al DO
Q-Whcn Mr.. Meeks came into you "hat Gu ne oI"s J
All Of the papers.
o-Judee. Will you say that he brought them ali J
Ale brought them ALL sir
Q-Aie YOU sure Of that. for II Mr. MeeSs Will 20 on
the stand and directly contrary, viii he be MIS-
takenr Ale will be mistaken. sir
o-was there anything in the circumstances connected
with that made you at all suspicious! A'-No
sir.
Odd not the appearance Of Meeks referee excite
ans suspicion in your mindl Alt did not
o-iad it not been done bcforcl A.-No not In that
o-BeInc divorce case did 1t not strike you as BENG
pecuiarl Al don't think that it did.
Q-Do you know Judge that Mcneil was then away
slekl Al heard that he was sick in July
Odd you to Nj. Mecss That Non'hs name
mus. come oil papers before you would sign them
A.--No sir.
oNow sir don't you need refreshing upon that pont
A.-NO don't QupstentyJ.
Odd you not at further conference suggest the
name Of Mr. Wright A.-No. sir.
o.You swear that you never heard the name Of Nh.
Wright mentioned A.Not at that time.
Odd you send any message or any letltr py MI
Meeks 70 ;,r Wright A-No, sir
o-Consult your memory upon that. You cannot recall
any other words you said thenl A.-No' can't
Odd you see Mr.. Meeks again that day A-That
day the next
o.-what did he say A.-Thst Mrs. Flsck had known
OF Mr. Mcneil for number years and she did not want
any else to appear for her
Q-Is that all Al think it is all
O-Sow Judge. l want you 20 back 10 your state
ment before Bar Association. Didn't you then Say
that Mrs. had cold so' Al don't think that
/ said it in that way.
OFF YOU had Judge which Is correct statements
Al think that my statement now is correct
o-Dicn't you intend convey the Bar Association
the idea Mecks LEFT you again to see Mr'. flack
Al do not know
o-Sow. Judge didn't you understand that he left
, the pu,oo,e Of going TO Interview Mrs. Flack7 A.
lie d.d not tel III what he was going to do
O-IIave you told US everything A-No.
Dwell tell now Al simply said that Mrs.
F1ack would have 90 TO some other Judge
o-l.a,e you now stated all that occurrcd7 1t Is
my purpose pat Mr. Mceks on the stand II he should
swear that he interviews with you on the day
that he brought back papers with Moncll's name
changed to benjamin Wright you would still insist tina,
he was wrong! Al wOuic
o-when do you say Judge. that he had the next In
terview with youl Al cannot say when IL was
C-Was IL within a month A.-Oh, yes.
Dwell within how many daysl Al cannot say
now | do not know how many days it was think
IL dag or two aftorwaid.
o-Was it more than one day7 Al think that it
was.
O-Was IL more than two days? Al cannot say
o-was II more than three daysl Al have no
positive recollection about II,
O.-Thcsc papers not the papers in when MT.
Mcneil appears Attorney Al did not say that
Q.-was MoDers name the sunmonsi IL was
written in7 Alt looks
O.-When the paper came back 10 you did you not
recognize the which Meeks took away with
hint A.-So, sir.
Q.-wss there anything TO indicate that It was the
same paper7 Al did no, notice II.
Odd you not sir, at that nrst interview taking
mn the first Of reference. notice the fact that the
0st application for the order made out u Mcneil and
aid you not then and there call Mr. Meeks's attention
TO it and say him that he must change 1t and that the
.Dn,ic,tion must the motion Of Mr.. Wright A..
No. sir.
o-Did he not then there. in the Judges library