The morning times., 1895-08-04

The killing OF Ernest Green on Friday by
Miss Elizabeth Flagler, an .s')unt OF which.
| together with the verdict or the coroner's
jury in the case. appeared in The Times
of yesterday, has been the subject of
much discussion throughout the city and
occasions a good deal of bitter comment
among colored residents.
There is disposition 10 criticise the
| action of The authorities, and, although
| IL is not contended that the unfortunate
| young lady who figured in the affair had
| any Intention of committing murder, there
is a complaint that too much haste was
| displayed in diSposing of the case.
The return made by the jury to the
effect that the boy came to his deSth
from the effects of a wound inflicted
by Miss FIagler, and that the shot was
! fired in careless and Indifferent man
ner," is cited as contradiction when
taken in connection with the conclucion
that Miss Flagler could not be held upon
| the evidence.
1t is argued that the testimony which
| established careleSsness and indifference
was sufficient basis for different find
ing.
CLOUD ON THE CASE.
Many who sympathize with Miss Flag
Ter and who hold her guiltless of any
! purpose of inflicting the slightest in
/ jury upon the boy whose death she caused,
/ argue that her friends should have de-
| manded either a verdict of absolute ac-
quittaI or further investigation. The
| Jury's conclusion, they say, casts cloud
! over the case that nothing but a thor
Ough rehearing can remove.
Attorney George X. French said yesterday
! that the verdict was an outrage. "LeaY-
| ing the lady entirely out OF the case he
said, ''and forgetting the predicament in
/ which she has been unfortunately placed,
| justice TO her as well as TO the others, de-
mands that she should have been held. The
! july declares that she was careless and
/ Indifferent, and in the next sentence says
! that upon tie evidence adduced she is not
| liable 10 prosecution. A future hearing
with time TO develop the circumstances
might have shown many circumstances in
heI favor that do not now appear, but
whatever the result, the case should not
| have been SO hastily dismissed"
Mr. Hugh 7. Taggart, acting District
Attorney in the absence OF Mr.. Birney,
| refused TO be interviewed last evening,
but took occasion to emphatically deny
that he had called upon Miss Flagler the
municipal building pending arrangements
| for the coroner's inquest
Coroner Hammett was interviewed yes
~ was not in the room when the jury con-
sidered the evidence and reached verdict.
Under the law have no right to be pres
ent while the jury is celebrating.
LAS coroner ] have no discretionary pow
ers, but must certify the verdict as returned
by the jury. / had no part IN formulating
the jury's return.
ONLY MISS FLAGLER'S STATEMENT.
There was but little evidence before
the jury outside OF the voluntary unsworn
statement made by Miss Flagler. She gave
| a plain, straightforward version or the af-
fair, aud If there was anything adduced to
| cTiminate her iD any way.i IL was contained
in her very frank detail of the circumstances
Il shall take counsel in the matter, as I
! always do where there is occasion for the
step, aud If ! am advised that further action
upon my part is required, 1 shall proceed
accordingly. i intend, however, TO be gov
ercned entirely by legal advice"
Mr Tracy L. Jeffords, who represented
the District attorney at the inquest, de-
clined To discuss the case. Responding TO
an inquiry, however, he stated that yer
dict rendered 10y corouer's jury has no in
fluencc upon future proceedings in any
| given case.
THE coroner is the court, he continued,
| land has discretionary powers. He may 7,
upon reflection, conclude to commit a
person after deciding otherwise, and any one
charged with homicide may be committed
! at any time within three years after the
| date of the alleged offense. One grand
jury may ignore a case; second may. but
any grand jury may indict in a case where
the statute OF limitation does not inter
vene."
'.Do the terms careless and 'indif-
ferent' constitute elements OF manslaughter
when proved against the party chaTged?"
| he was asked.
He responded in the affirmative, but again
| declined TO discuss the recent oc-
currence.
There is talk OF Indignation meetings
among the colored people, but this is not
| approved by the more conservative Of the
race.
COLORED LAWYERS'VIEWS.
AS a sample of the sentiment averse to
this proposition, the opinions OF two rep
reseutative attorneys Were obtained.
w. Calvin Chase said he had heard o.
the proposed meetings and was opposed
to them.
] Indignation meetings are detrimental Il
the cause aud do harm likewise" Mr.
Chase said. Il have every confidence il
Mr.. Birney, and while / do not believe
the young lady intended TO kill the child
/ think her participation in the affair
should he further investigated, and / be
lieve Mr.. Birney viii see that the proper
action is taken"
1 Mr.. Thomas L. Jones expressed similar
views. He does not approve of indigna
| ton meetings as means of redress against
wrong, but regards the affair as not salts
| factorily settled. He believes there viii
be further action taken by the authorities
but personally perfers to say nothing further
at present AS attorney o! the Equal Rights
| IpaglIn the matter would hlv ha