New-York tribune., 1890-03-29
THEIR CASE GOES OVER.
THE FATE OF THE FLACKS STILL IN THE
BALANCE.
JUDGE BARRETT WILL GIVE HIS DECISION ON
THE APPLICATION FOR NEW TRIAL
on MONDAY ARGUMENTS FOR
CHoATE, THE REPORTER.


whether not the three Flack conspiators already
convicted Of the crime for which they were brought 10
trial will have another opportunity to escape from the
law will be determipcd by Judge Barrett on MONDAY
morning. when he will hand down his decision on the
application for a trial which was made by tne
lawyers for the two Flacks and Joseph Meeis yes'er
day morning At the same time Judge BarTcu VIII
decide whether not Dilworth Choatc, thc repo''e
who played the part of cavesdropper IN 'he Jury
ROOM should be held for contempt Of court ana pu"
ished accordingly. Argument on his behan "as
made before Judge Barrett yesterday. freoen' ~
Coudert was Choatc's lawyer ,,.
When the Sheriff came into the oyer ana iera,ne' %
Courtroom he looked pale and worried molc ~ .'a"
At any time since the exposure OF the conspiracy
against his wife. Dark rings encrcled ms 80" os Co
and Young Flack seemed TO be greatly eA'iou
Meelss made an attempt to appear uhoo"'o'"e"' o"'
the effort dismal failure.
Half an hour or more consumed IN nearing asu-
n.ts Gov ,bo nostnonement of the decision as to
trhsher q Rarnevs Martin, Philip V. walsh ana
Joseph Young three Of the deputy-sherihs uhoer IN
dictment for bribery, should be held.
Choates case was taken up immedateiS ai'er 'uuee
Barrett had decided TO put on the oepu'y sher'ns
tronh,es untIl Monday Mr.. Coudert held that under
A., ca. - Criminal Procedure, contempt of court
-. Ia an act committed In the courtroom within
thn sight and hearing Of the judge. lie made the
int that II the room to which the jury retired was
a mart Of the courtroom, then Choate mad perfect
right to be there. If that was courtroom no crime
had been committed and every citizen In the land
,s rtcht To be there Colonel Fellows in reply
s.,d that the Jury room just as much part OF
the court room when the jury was deberatng as IL
would be should the judge clear the courtroom ana
allow the Jury to deliberate in their seats. HAD
Choac been concealed under their chairs and had he
learned the secrets of their deliberations he would
he equally guilty of contempt. The law he added
saws that the Jury shall be secluded from the public
Mr. Coudert said that the court against which person
had offended had the right to punish IL the jury
had been offended against it had the power to punish
Judge Jarrett ended this part OF the discussion by
saving that he would hand down dis decision IN
writing on Monday morning.
Ex-Judge Horace Russell made a long argument for
a new trial for the Flacks and Joseph Meeks The
principal point upon which this was asked was the
presence of the reporter in the jury room Judge Bar
ret denied the motion for trial on all the points
raised as to iIsufclenoy of evidence and the judges
charge Mr.. Russell thought that the verdict was in
great measure brought about by what took place In the
jury room followed by the proceedings in the court
room after Choate had been found Before Choac was
found of the Jurors voted for acquittal and two
had refused to vote.
Assistant District Attorney Gof argued against grant
ing the motion for new trial: He had an aill-
davt sworn to by each member Of the jury declaring
that at the time Choatc found all argument had
ceased and that an agreement had been arrived at pro-
vding Judge Barrctts definition Of criminal intent
choate's presence had absolutely influence on the
verdict. MeekS'S lawyer objected 10 tne p0lnt raou
by Assistant District Attorney Semple that motion
should have been made on last saturday TO dismiss
the iury them because ii then within one minute
of Sunday morning. Judge Barrett held. however,
that it at least ten minutes before midnight and
he further added that he would have given his DC
cisjon on the point then and there.
Deputy Commissioner Martin; with Deputy & sheriis rms
appeared before Judge Barrett Judge Fitzgerald
the suretes to the new bonds. The bondsmen were
the same as those on the old bonds Ex-senator
Grady drew demurrer to the indictment against
the ofcials and filed it with the clerk of the court