Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-01-24
FALK A FUGITIVE
Defendant in Criminal Court Abrupt
" Leaves Town.
Case ABANDONED BY HIS COUNSEL
The Trial Proceeds and Jury Finds
Him Guilty.
~ TT e. ETIDEN n f. d
Case ABANDONED BY HIS COUNSEL
THE EVIDENC EAR d

Somewhat of a sensation was caused by
the announcement in Criminal Court No. l
today that Macmillan w. Falk, who was
placed on trial yesterday. under an indict-
ment charging adult ary and in whose case
Miss Hattie Minnie Dawson figured rather
prominently had. since the hearing adj
journed yesterday afternoon, fled from the
jurisdiction of the court. Interest in the
case was increased by the testimony of
Miss Dawson yesterday. She made state
ments of the most damaging character
against facts her remarks for the most
part being Numerically opposed to those
she uttered at the preliminary hearing
of the case in the Police Court a year ago.
Soon after court was opened this morning
Mr. c. G. Cariin Of counsel for the defend
ant made the announcement to the court
that Falk had taken his departure.
1T is with considerable embarrassment
that my associate, Mr.. Bendheim and my
self, inform your honor that our client
has fled from the jurisdiction of the court"
stated Mr.. Carlin. H then went on to
say that upon reaching Mr.. Bendheim's Of
flee this morning note written by Falk to
his wife was shown counsel 1t merely set
forth that the defendant had decided not
to stand further trial and meant to so
away.
The Trial Proceeds.
The matter was allowed to go over in Or
der TO permit the completing of the jury
panel in the Strather murder case When
this business was disposed of the Falk case
was resumed. After an examination at
some length of a number of authorities it
was decided that the trial of Falk could
be continued in his absence. Crier Joyce,
in stentOrian tones, directed Falk to come
into court" but the order was not obeyed.
Mr.. Bendheim thereupon stated that Mr..
Carliu and himself in view of what had
happened. had decided to withdraw from
the case, and the court was requested to
grant them the necessary permission to
do So The request was promptly given,
and the attorneys mentioned left the court
room
The government then proceeded with
the Introduction of testimony. Mr.
Henry I.ansburgh of Lansburg & Bro. stat
ed that he was acquainted with Falk, and
also with the wife of the latter. Late dur
ing the month of December. 1897, Mr.. Lans-
burSh said Fdlk visited the store and pur-
chased an eiderdown wrapper and some I'M
derclothing for a lady. Il nese he had sent
to the hotel mentioned by Miss Dawson as
the one visited by FaIk and herself the Goth
of December, 1891
Mr.. William +. Murphy, din employee of
l.ansburgh Bro. substantiated of his
personal knowledge, the testimony of Mr.
LanSbuTgh
Mr. James f. Lee. night Waterman told
the jury that shortly after l o'clock the
morning of January l. 1883, he noticed a
light in the rear apartment of Falk's store
on 1lth street This was unusual so the
witness ratified the door Falk appeared al
the doorway of the rear apartment and
waved his hand. The witness never knew
Falk to remain over night at the store be-
fore that time.
The Secret Marriage.
p1
as to the arrest of Falk Edward Dante
testified that Falk had married his sister
secretly. IN Baltimore, in 1891. Hume Du-
vail, a clerk of the hotel mentioned in con-
nection with the case. produced the hotel
register and showed the entry, Joseph
Canton ard wife, Philadelphia" made the
3oth Of December, 1897. Miss Dawson tes-
tined that Falk registered as stated when
they went to the hotel.
This closed the testimony and Assistant
District Attorney Shillington remarked that
he did rot care TO address the jury. Justice
Cole merely said to the twelve men that if
they believed Falk guilty of the acts al
legged In the indictment they should return
d verdict In ACCORDANCE herewith.
The jury was out less than five minutes
When it returned. the crier by direction of
the court. directed Falk to come into court
and hearken to the verdict of the Jury"
Falk failed to come or to hearken. Fore
man Allison Naflor quietly reported that the
jury had found the defendant guilty as in
dlcted, and the court proceeded with other
business.
bond Forfeited.
After the hearing OF the case in the
Police Court January 8, 1898. Falk was
held to await the action of the grand Jury
in $1,000 bonds. Emanuel c. Peach qualified
as surety and Falk was released He was
surrendered by his surety, however. the
10Th OF February. but the same day Samuel
Sprigg Belt qualified surety in the same
sum. He is at Drt sent the bOndsmau
When Falk is called for sentence under
the conviction this afternoon and he fails
10 appear. his bond will he declared forfeit
ed. and MIR. Belt will be the sufferer,
As soon as it was learned that Falk had
decided to leave this jurisdiction, the dis
t-ict attorney caused an alarm to be given
through the proper channels. Within few
minutes thereafter it is probable that the
authorities in nearby cities had inStruc-
tons 10 look out for and arrest man an
swerng Falk's description Every effort
will hc made by the police to capture him
and have MIN returned for the action of the
court here.
Falk, in the event that he is taken. will
h" compelled to undergo sentence. in ali
likelihood, in another case. He was indicted
the Sth Of December, 1893, for conspiracy
TO defraud, but sentence was suspended
during good behavior. The maximum pen
atty for adultery is Imprisonment in the
penitentiary for tAree years and for con-
spiracy TO defraud. eighteen months.
Gave Reluctant Consent.
1t is stated by those in a position to know
that 1T has been the desire of the defend
ant for some time not to appear for trial,
but on the advice of his attorneys he re-
luctant!y consented to face the jury. The
testimony of Miss Dawson yesterday was
of such a damaging character, however
that he, III all probability concluded TO de-
part without further delay.
Mrs. FAX wife of the defendant, was in
the witness room during the trial yester-
day and when court adjourned accom-
panied her husband to the office of his at
rnrnnvs tHhn statement is alSn made that