Evening journal., 1890-03-24
GUILTY OF CONSPIRACY.
Verdict in the Famous Flack
Divorce Prosecution.
EACH DEFENDANT CONVICTED.

NEW YoRK, March "a The jury in the |
famous trial Of the Flack conspirators,
Sheriff James A. Flack, his son, WIN Flnck,
and Referee Joseph Meehs, charged with
conspiracy together to fraudulently obtain
a divorce for the sheriff from his wife,
after a delberation Of three hours, brought
In the ominous verdict Of guilty az la.i5
o'clock Sunday morning In tare included
all three defendants The jury was strongly
for conviction from the iirst. the only point
of argument being the question Of criminal
intent About twenty minutes before the
verdict was rendered Judge Barrett took
saying that ignorance Of the law excused
no one. They arrived at a verdict quickly
then.
"Gunty or Not Gullty9p
When Clerk Walsh, after the twelve good
men and truo slowly fled into their seats
after midnight, asked them il they had
agreed upon verdict, Foreman O'Donnel
answered in clear, firm voice that they
had
"What say your Do You find the defend
ants at the bar guilty or not guiltyr
Guilty.
There was an expression OF intense anxiety
on Flack's face as the word was spoken. The
countenance Of his son was even more indi-
cative Of despair Meeks was the only one
Of the three who succeeded In controlling
his emotions to any degree whatever
Foreman O'Donnell added that the verdict
was rendered with a recommendation OF
extreme mercy on the part Of the court in
sentencing the prisoners In a low voice ex-
Judge Russell asked If the verdict included
all three defendants. "All three, replied
Foreman O'Donnell.
Out on Bail.
Ex-Judge Russell then requested that the
| jury be polled, which was done Each man
answered at isn without the slightest hesi-
tation as the clerk called their names and
asked them If such was their verdict Judge
Barrett then discharged the jury, after
thanking them for their faithful work on
the case Assistant District Attorney Gof
moved that the prisoners be committed TO
the Tombs. The motion was opposed by ex-
Judge Russell. Judge Barrett finally said
that IN view Of all the circumstances Of the
case, he would allow the prisoners TO remain
al liberty under their present bail, which Is
5000 each
Judge Russeli's Speech.
In his speech to tho jury Judge Russell
the prisoners counsel, vigorously attacked
the press and scored Judge Bookstayer il
order 70 exonerate Meeks. The speaxe
claimed that Meeks had been a victim d
blind obedience to the judges diotum
Judge Bookstaver gave himself up to falls
statements, and he is now in trouble, not 5,
much by reason Of his connection with thi
divorce as by reason Of the way he has lieS
about it since, said Judge RUSSELL Meoks
he said, had followed the directions Of tn,
judge, believing the verbal order whicl
was given to amend the papers was binding
But it is boshn he declared, "for peopli
to stand up here and say that that was
! crime"
Col. Fellows Raises His Voice.
In the course OF his summing up for th
people, District Attorney Fellows said: ="
j am impressed with the Importance Of th
case chiefly from its novelty and peculiar
!, ity. 1t is unique and unprecedented in ou
+ history. This sin is the first Of its kin,
{ that has ever been perpetrated within tn
4 jurisdiction Of the courts Of this state, s.
; far as we know, and therefore NATURALLY
: and inevitably it Is the first time that ii ha
I been brought face to face with a jury
D is singular in the character Of its parties
, A father and a son upon one side, wit
4 and mother the witness against them
I truthful and agitated witness, but wit
< ness whose mothers heart yet yearns 70
Z that son, whatever may be her feelings re
) specting her husband-who tells with al
G the tenderness OF mother that he was al
d ways a good boy to her, and she feels
}, mothers love and affection for him today
o II is singular in that it has brought to th
bar Of a criminal court one Of the highes
d officers Of this county, and II associates i
d completely with him in the Accomplishment
{ Of this nefarious scheme those who hav
< worn the highest honors and achieved ca
; most notable distinction in our midst. 1t
! especially noticeable and peculiar because
q was surrounded and accompanied by sue
!. pecularities Of methods Such extraordin
L airy devices, such unusual proceedings a
4 never characterized case before.
what the Defense Neglected.
Col Fellows then referred to the oft-tol
incident In the divorce proceedings and sal
that it was immaterial whether Mrs Flac
= had authorized the suit or not The defense
{ be said, had placed undue reliance upon tina
; point; they had considered it the full dii
charge OF their duty to show that the divorc
could have been obtained without illegality
{ as Mrs. Flack had declared she was willin
I to allow the bringing Of such an action, bu
: they had neglected to answer the grave
charge Of conspiracy.
Z They had submitted no answer to the II
y dictment that they had become the procul
2 ers Of perjury, the corrupters of the iud
q ciary and the fragrant violators Of the Law
u Commenting upon Flack's domest relation,
he said;
Elack's Domestic Relations.
"If he had reason TO come before men an
3 acquire a divorce, why then there was al
+ the more reason why he should have con
Z Quoted these proceedings in the light O
b day. What mad he to fear-a tender hu.
Z band, good provider, man who had sui
B fered as lew had in his home life, who foun
: il cherries and desolate, without any Of th
attractions and comforts that should sur
round homel II he had made that stor,
known to the world all the heart OF human
/ ity would have leaped up in pity. am no
1 here to impeach this mans moral character
/ would rather say, Let him who is Withou
J, guilt cast the first stone'"
A Brilliant Peroration.
. The speaker concluded with a brillian
peroration, in which he said "Go 10 you
homes, IL you can, gentlemen Of the jury
: and tell your wife and your children tina
b you have voted 10 approve the proceeding
& in the case Of Flack against Flack, ans
! then, If you can, look an honest man in th'
face again
Judge Barrett's Charge.
In his charge to the jury Judge Barrett
! read the defnition of conspiracy 1gona la