The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-10-01
General Sessions.

they were now prepared to give decision in the
matter before the court yesterday relative to the
tusa OF Thaddeus Phe ps ana Consan ce F. Daniels
TO answer questions before the Grand Jury relative
to the duel between Webb and Marshall
The following were the questions put TO Daniels,
and the answers received =
Q.-Have you any knowledge relative 10 the
duel fought between Webb and Marshal
A. by DANIELs-That question decline 10 an
swer, on the ground that II may implcate myself.
Q.-Do you know of any person who has that
knowledge!
Al decline to answer on the ground Just stated.
Q.-Eave you any knowledge on the subject de-
rived from either OF the parties to the duel or their
seconds 4!
A.-Idecline to answer.
Q.-Have you been told by any person that ar
engagements for duel were entered into by Messrs.
Webb and Marshall, and at what ime
A i decline 10 answer, on The ground that
have already substantially answered the question.
The RECORDER then stated that on a full examl-
nation OF thequestlon since yesterday, he had ar
rived at the conclusion that his previous opinion
then delivered, he dissenled from. He was
now of opinion in the case OF Mr.. Daniels, that II
he had refused to answer the questions put to him
by the Grand Jury on the ground that ne would
crminate himself or that such answers would de-
grade him in the eyes OF the community, or hold
him up to contempt rdlcule, then the rule OF evil
dence would sustain him in refusing to answer.
In the case OF Thaddeus Phelps, he said, that as
the gentleman had given reasons for REFUSAL ex-
cep that his knowledge had been communicated
by friend in confidence, he was bound TO answer
the questions, unless they would tend to crlmlnate
himself
Judge LYNCH concurred in the opinion of the
Recorder, but stated that in accordance with de-
cision of the Supreme Court, he considered that
the witness was not the sole Judge of the fact,
whether his answer would crlminate himself or
not that the court were to be the Judges OF that
fact having at the same time due consideration for
the Opionlons OF the witness, as to the bearing OF
the question put to HIM.
The Court directed that the witnesses shonld APP
pear before the Grand Jury, and answer all ques-
lions not coming under this view OF the Court
| That Mr. Daniels might be excused from answer
ing the two first questions put to HIM, whether he
had any knowledge of the preliminary arrange
ments OF the duel between Webb and Marshall, on
| the ground that he would eliminate himself but
| that he must answer the two last questions which
had been previously put to him by the Grand Jury
Question by GRAND JURoR.-Do we understand
the Court to say, that Mr. Daniels will answer the
| two last questions
CoURT.-Yes.
| DANIELs-Qn the most duplicating tone) Does
| the Court mean TO say that l Shall answer these
questions
| REcoRpER.- unless they will mphcdte your
| self
| DANIELS here turned towards Webb, who was
seated in the court room, and with tears IN his
| ewes, asked some question, when Webb told him he
had better let his counsel advise him that the an
swers would crninate himself, and he could then
state to the Grand Jury that his counsel had thus adj
| ysed him. and then refuse to answer questions on
| that ground. =,
After an absence of half an hour, the Grand Jury
returned into court with the District Attorney, who
stated that he had the request OF the Grand Jury,
| put the following questions to Messrs Phelps and
| Daniels, and received the following answers =
| Question: to PHELps.-From whom did you learn
| that a duewas about to take place between MI.
| Webb and Mr. Marshall
| Anscer by PHELrs.--I decline answering this
| question, because by answering II, think It would
| have a tendency to degrade me in the minds OF all
| honorable men in this community.
| o. TO DANlEIs-Have you any knowledge of the
| duel between James W. Webb and MIR: Marshall,
derived from either OF the parties or their seconds!
Al decline answering, because the answer VIII
| eliminate me- -
Odd you leave the city OF New York in the
month of June last!
Al really cannot say, sir; lett during the sum-
mer and went to different places.
Q--Were you IN the city when 1t was said the
duel was fought!
| Al don't think was.
| Q-Where were you at that time!
A cannot recoect.
Q-Was you in the State.o Delaware during the
| month of Junel
Al object to answering this question on the
@ DO you know whether Mr.. Webb left this
city in June last!
| A-For the reasons just given cannot tell that;
| | don't recollect.
Q.-Since the time the duel is said to have been
| fought have you had any, and what conversation
with Mr. Webb in relation to irl
Al decline to answer, and wish TO say mat l
deem il that cannot answer any question regard
ing tins alledged duel without eliminating myself;
and decline answering as 80 any conversation with
| Mr. Webb or any else in relation to such allie
ged duel either before or since 1t SAID TO have Ia
ken place.
The DISTRICT ATTORNEY then submitted the mat
ter 10 the Court, when
The REcoRpER asked Thaddeus Phelps, who was
present in court from whom he had learned the prepa
| ratory arrangements OF the duel between Webb and
| Marshall.
Mr. PHELPS rose and replied that he bad no coun-
sci in court did he wish any, that he had attend
| cd hefo he pran lJlrv nd
knew nothing of his own knowledge that could be
received as evidence in Court OF Justice. He said
he had sworn that all that he knew had been reat-
! ed to him by person who had no immediate parti-
cpation in the duel, and under these circumstances
he should think himself degraded in the eyes OF the
country if he revealed such private recommendations
He therefore said he should throw himself upon the
Judgment of the Court as the Grand Jury did not
appear to appreciate the motive that had prompted
him to pursue such course. He said he was will
ling to obey the mandate OF the court, and If it
| thought his course was violation OF 1t they must
do with him as they pleased
On being seated he muttered to himself, but loud
enough to be heard at the Justices table
"It's all tempest in a tea pot"
He soon again and asked the court to state
under what law he was compelled to appear before
this court !
The RECORDER replied that the Grand Jury was
branch of this court, and refusal to answer qucs-
| tons put to him under the circumstances OF this
case was a contempt of this court, as defined in the
Statute of the State.
| Mr. MASON, son-in-aw of Mr.. Phelps commenced
making speech relative to the question before the
court Yesterday, and which had been decided in the
morning After talking about half an hour, the
court informed him of this fact and he took his
| seat.
Mr.. C. F. DANIELS here rose and said that he be-
eved the ordinary intelligence OF mankind--(one
of the reporters said doubtfu,) and he therefore
could not answer the question put to HIM In any
shape whatever.
named Glover and Daniels were in constant array
before the Court. first ONE then ihe Gther, 70 enoea
answer. Daniels came up once, and on the Court
putting one of the questions, and inquirlng how he
could implicate himself in the answer, whether II
was in The affirmative or negative, Webb, who was
sitting on the witness stand, shook his head, and
Daniels backed off Daniels here left the court
| ''o'"S'' Lacor tha Turv ri