The New York herald., 1873-11-22
ARRESTED AT MIDNIGHT.
James H. Ingersoll Prisoner and on the Eve
Of Trial-How He Passed Yesterday-The
Jury Already Drawn-From the District
Attorneys to the SheriR's Hands.

James Fl. Ingersoll, better known as the s'great
ring chairmaker,o whose trial on Joint lndict-
ment with John D. harrington, Jr., charging MN
with perjury In the third degree, is set down for
trial the calendar OF the Court OF Oyer and Ter
miner before Judge Noah Davis at eleven O'Clock
on Monday morning, is again In the safe custody
OF the Sherin, and, if the Court should decide to
endorse the action OF District Attorney Phelps,
will be under strict surveillance OF the Sherns
officers until the conclusion OF the trial.
A HERALD reporter yesterday learned the follow
ing particulars OF this unexpected arrest and the
doings OF the prisoner up to late hour last night.
1t appears that late on Thursday night rumor
reached the District Attorneys office that one
two OF those indicted in connection with the Ring
frauds
had FLED FROM THE CITY
for 'parts unknownn IN consequence Of the yer.
dict of the jury in the case OF Tweed, and that
certain others contemplated a hurried departure.
The Court Of Oyer and Terminer had adjourned
until this morning at eleven O'Clock,
when the arguments for stay OF pro-
ceedings in the Tweed case will be held,
so that 1t was impossible to obtain bench war
rant for the arrest of any one indicted by the
Grand Jury OF that Court. There is
AN OLD STATUTE,
however, by which District Attorney Phelps
claims in virtue of his office, he Is empowered
TO issue warrant for the arrest of a person
who is indicted and on bail. when he believes
professionally that 1t is either the intention OF
bondsman TO get rid OF or transfer in way his
property, or II he believes that Ii Is the intention
OF sne accused to defeat the ends OF justice by
abscondlng when the Court from which he was
1t is to be presumed that District Attorney
Phelps believed that there was some plot to get
Gn MS at rs Mny o s be ns S
become fugitive from justice himself, for lmme-
diately on hearing the above rumor on Thursday
night he at once hao q warrant drawn up for the
arrest OF lngersou which he counterslgned himself,
and ordered IT'S immediate execution. The var
rant was gwen to one of the private officers az
tached to the District Attorneys department, The
officer proceeded to
MGERsoLis PRIVATE RESIDENCE,
in SiXty-ninth street, near Filth avenue, and
arrested the chairmaker just as he was preparing,
1t Is said, TO retire Tor the night. He was, OF
course, astonished when the oflcer informed him
that he was N custody and that he must come
with him. He protested, and claimed that the
District Attorney had no rgns to order his arrest,
against him and on the forgery indictment. The
ottiicer, aowever, said he should carry out
that he must take him into custody. It was then
arranged that Mr.. Ingersoll should be taken to
e G and "a as
the District Attorneys office yesterday morning to
oner ball. This programme was carried out and
NIGHT IN HOTEL UP TOWN.
Az eleven O'Clock yesterday morning he was
ONCE BY his custodian. he ''l again 'nsi formally
protested against the warrant issued
Tor his arrest by the District Attorney who he con-
tended, had no right TO make such an order with.
out the authority OF the Judge OF the court In which
he was put under such heavy bail bonds. District
Attorney Phelps was, however, MEMORABLE and
strange TO say. in view OF the strong language OF
Assistant District Attorney Allen and his chief on
the conduct OF sheriff Brennan in keeping Tweed
out OF the County Jail pending his sentence to-day,
SAID ne would have TO turn him over into
TIE HANDS or THE SHERIFF.
lngersoll at once replied that he was prepared
to give District Attorney Phelps any amount OF
bal Tor his appearance when cal ed Tor trial on
Monday. me District Attorney said he could not
take bail in any amount, and Sheriff Brennan was
Immediately Noticed that Ring prisoner was
awaiting him In his the District Attorney's) Office.
Mr.. Brennan notified bis clerk or arrests, and Mr..
lngerso was taken into custody by Deputy Sheriff
Judson jarvis. He earnestly requested PERMISSION
TO consult with hts lawyers and make preparations
1or his trial on Monday. This reasonable reqnes.
was acceded to, and the accused in the custody OF
Special Deputy Curry, was driven in close car
riaCe down 70 the Offices OF his awyerB-Messrs.
Fullerton, Knox & Hewitt and Compton Root
where he passed the the entire afternoon In con-
sulting with his legal advisers on the approaching
trial At six O'Clock ne was driven up town to his
residence still in custody, and passed the night at
Mr.. InRerson does not wish to make any state.
ment TO the public pending his trial. He is
UNDER ENORMOUS BAIL
l85000O0) In the civil suit against him jointly with
Tweed and others, and IL under $500 bail in the
forgery Indictment In the Court OF Oyer and Ter
miner The charge against him is that OF forging
1926 for Sl5I,lss 40 for iron and mason work on the
County Court House from October Ia, 1869. to De-
cember, 1870. The legal title or the alleged crime
is that OF forgery In the tLird degree. which Is
felony and has term in the State Prison attached
o more serious offence than that with which Tweed
was charged and graver punishment.
DRAWING A JURY TO TRY HIN.
In the Supreme Court, Chambers, yesterday, be-
fore Judge Barrett, panel was drawn from which
to obtain jury for the trial OF Ingersoll on Mon
day IN the Court OF Oyer and Termlner. The Com
missioner OF Jurors, Douglas Taylor, on hand,
ana so was Sheriff Brennan, the latter looking as
bandiy unconcerned as could be, and as II he had
not the huge responsibility OF Tweed resting on
hs shoulders Mr. Gumbleton drew the names
rom ron, tne wheel OF fortune. The drawing OF the
panei took but short tune, there being only 100
ialhes urawn. They were drawn from some 3, 500
naDles. Ihe names Of no prominent citizens ap-
pear among all those drawn
ihEcrsol wiz probably be brought up to the
Douit n q oyer ana Terminer to-day, before Judge
DAVIS, Davis, ana the question OF admitting him to bail
amdxusu. An old attache of the District Attorneys
pue M . inorined mo HERALD reporter last night that
y. the od statute he did not believe the District
MhstVIney ~ oare order the arrest OF any man alter
sponslbllity; but he conld before the accused was
admitted TO bail, IL no court was in session.
Tuu mppuAmvpu xrrYrr