The times. [volume] (Washington [D.C.]) 1897-1901, 1899-01-29
MOTION FOR 4 new
TRIAL IN TALKS Case
Edwin Forrest Appears as His
New Attorney.
The Jurisdiction of the Supreme
Court Questioned.
The New Proceedings Taken at the
Request of the Defendants Wife
The Accused Still Absent.

Attorney Edwin Forrest yesterday aft
ernoon filed with the Clerk of the Supreme
Court of the District motions for new
trial and an arrest of judgment in the case
of Macmillan ". Falk, who on last Tues
day was convicted of adultery in Criminal
Court No. /. Justice Cole presiding. The
trial of Falk, it will be remembered, COM
menced on Monday last, and on Tuesday
morning when the court convened it was
learned that some time during the previous
night he had taken flight and did not ap-
pear in court to defend himself of the
crime of which he was charged. The an
nouncement of the defendants absence was
made by his counsel. who afterward asked
the permission of the court to have their
names stricken from the record as his at
torneyS.
This request was granted by Justice Cole,
and after consultation with the assistant
district attorney, who was conducting the
prosecution. the case was continued and
the jury returned verdict OF guilty
against the absent defendant.
The filing of the motions for new trial
and in arrest of judgment yesterday by
Mr.. Forrest was great surprise to all VINO
had kept up with the circumstances con-
nected with the case. Mr.. Forrest. when
seen Yesterday, said that this course was
pursued at the instance of Falk's wife in
order that the rights of her absent nus
band might be protected.
Among the grounds advanced in the mo-
ton for a new trial is one questioning the
| Jurisdiction of the Supreme Court OF the
District TO try and convict person
| charged with an Gffence similar to that OF
which Falk is accused of having commit
| ted. The question of the authority Of the
| Supreme Court TO finally dispose Of the
| charge of adultery was raised in this iuris-
| diction some time ago and the matter was
| carried to the Court OF Appeals for the
| District. where the judgment of the lower
/ court was sustained. Mr.. Forrest says.
| however. that there is constitutional
question involved, and that it will be nee
| essary for the Supreme Court to pass upon
the matter before it is finally settled. IN
! the case Just referred to the matter was
| not carried to the Supreme Court OF the
| United States.
Mr.. Forrest also questions the right Of
| the trial court TO try and convict Falk in
his absence and in the absence of counsel.
Besides this. he says that he has ques-
| toned the jury panel which convicted
Falk, two of whom he claims were sworn
| in another case.
II is a matter of difference of opinion.
| however. whether or not the court Will en-
! terrain such motion in the absence of the
| person in whose interest it is made. Al
| present Falk is a fugitive from justice
| and it is not probable that he will risk
the result of surrenderng himself to the
| officers of the law merely for the purpose
of petitioning the court for a new hearing
| when he voluntarily fed from court while
| his trial was in progress.
Aside from this particular offence
against the law, as has already been
stated he was, at the time his trial for
adultery began and had been for six years
previous at large under suspension of SEN
tence for the crime of conspiracy, of which
! he was convicted in 1893.
Although the local police authorities
have made every effort to locate Fla
since he so unceremoniously absented
himself from the court, and perhaps from
| the District. no trace of him has been
found On the question of his whereabouts
there is some difference of opinion, there
being some few who maintain that he is
still within the limits of the District. On
the evening of the day before it was stated
in the court that he would not appear
again at his trial he and his wife wa ked
sold at 1870, and some odd shares of stock
at 1879 and 100.
1t is said that 200 was offered for q