The times., 1899-01-25
FALK FAILS TO APPEAR
Counsel Withdraw and the
Jury Finds Him Guilty.
BOND NOT YET FORFEITED
Defendant Tells His Wife of His In
tended FIight-His Attorneys Are
Emhnrrnsscd-Justic Coles Brief
Charge The Fugitive Under the
Shadow of n Suspended sentence.

There was a surprise in store for those
who assembled in Criminal Court No /
yesterday morning to hear the proceedings
in the trial of Macmillan W. Falk, who is
charged with adultery. Justice Cole, who
presided at the hearing on Monday, had
just taken his place upon the bench when
G. c. Cariin, associate counsel for the de-
fendant, arose and, addressing the court,
stated that only a few moments before
arriving al the City Hall he was informed
by the wife of the defendant that Falk
had left the city and consequently would
not appear at the trial
Mr. Carlin proceeded TO state that Mrs.
Falk had informed him that she received
a note from her husband last night ac-
quainting her with his intention TO leave
the city. He said that his clients sudden
departure left him and the leading counsel
for the defense, Charles Benheim, in a
very embarrassing position, and later in
the day requested Justice Cole to allow
them to withdraw from further connection
with the case. The request was granted.
The trial was postponed for short time
in order that the jury in the Strather case
might be completed, and was resumed dur
ing the latter part of the morning ses-
sion.
When the trial of Falk was resumed, he
was not represented by counsel The tes-
timcny was along the same line as that
produced by the Government on Monday.
and everything pointed directly to the
guilt of the accused.
The witnesses called We're Henry Lans-
burgh, of the firm of Lansburgh Bros one
of his clerks: William F. Murphy, Detec-
tive Parham and James Z. Lee. a night
watchman. whose duty called him to the
vicinity of Falk's place of business on the
l)prpIn ha
CT these witnesses all tended to corrobo-
rate the evidence given against Falk on
the day previous.
Assistant District Attorney Joseph Shil-
lington. who conducted the case for the
Government, said at the close of the testi-
mony that he did not desire to make any
argument. and requested Justice Cole to
charge the jury as 10 their duty in the
case. Justice Cole stated that there were
only two points to be considered in arriv-
ing at a conclusion in the matter They
were: is Falk married man. and are
the statements of the complaining witness
and her mother true If they believed that
the defendant was a married man and
credited the testimony of the witnesses, it
was their duty TO return verdict of
guilty"
With this brief instruction the jury re-
tired and almost Immediately returned a
verdict of guilty against the absent de-
fendant Falk.
Falk was charged in the Police Court
over year ago with adultery, and the
complaining witness was Hattie Minnie
Dawson, sixteen -year-old school girl
After preliminary hearing. he was held
in $1,000 bond TO await the action of the
grand jury. His bondsman was Emanuel
c. Peach, who on February 10. 1895, with
drew, and Samuel Sprgg Belt was substi-
tuted. Falk's absence from the court was
practically forfeiture of his bond No
action will, however. be taken in reference
10 this until Falk is called for sentence.
If he does not then appear in court. mo-
tion VIII be made for the forfeiture OF his
bond.
Since the latter part Of 1893 Falk has
been under the shadow of suspended SEN
tence. having then been convicted of using
the United States mail for the purpose of
defrauding the public.