The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-06
the DURYEA MURDER.
The Prisoner Simmons Admitted to
Bail, but RearreSted.
Simmons Indicted for Murder by
the Grand Jury.
THE DISTRICT ATTORNEY TO The FRCNT
SHARP Practice All ArOund---The Scenes at
Bellevue Hospital.


John Il. Simmons. charged with the murder OF
Nicholas w. Duryea, was Yesterday morning ad
mItted to bail IN the sum OF $4,000. The amount
OF the bail was fixed in the COroners' office at
eleven O'Clock and the bonds signed In the prison
er's cell al Bellevue Hospital at halfpast two In
the afternoon. Simmons, however is not at lib
erty, for OF three O'Clock he was rearrested by
Deputy Sheriff Seebacher. on bench warrant is
sued from the Court Oyer and Terminer and signed
by the District Attorney. directing the accused
to be arrested and held for murder. The extraOr-
binary verdict rendered by the Cor0ner's jury was
the theme OF general conversation among all
classes during the day, and opinions were freely
vented not at all complimentary to the enlightened
six who have imm0rtazed themselves by the sage
conclusion at which they arrived alter two hours,
discussion. 1t is generally supposed that the duty
OF CorOner's jury is TO find the OF death but
In this case the six men, good and true, did not
content themselves with this simple way OF dealing
with the matter. and they rendered the opinion, in
very bad English, that the case a clear one of
just liable homicide.
The prisoner and his friends felt eated. as well
they might, at this preliminary triumph and imme-
date application was made Tor bail. The bail was
granted as stated above, and the prisoner was
about TO be removed to his residence when the Dis
trict Attorney nterpOsed and entirely changed the
programme by mastery stroke OF policy, and the
prisoner is now In as bad II not worse condition
than he was previous to the inquest. 1t is only in
very extreme cases that bench warrant under
such circumstances is issued but the District Attor-
ney felt that the exigencies of the times and
the interests of the case demanded that prompt
action should be taken to hold Simmons until
higher tribunal than corOner's jury should have
determined his guilt or innocence. Below will bo
found the details in full which TRANSFERRED during
the day.
PROCEEDINGS AT THE CORONERs' OFFICE.
Yesterday morning, at eleven O'Clock, the Coro-
ners' Office was crowded by the relatives and
friends Of John E. Simmons, the alleSed murderer
OF Nicholas w. Duryea to listen to application
before Coroner keenan, Tor the release of Simmons
| on bail.
| Assistant District Attorney Lyons, who appeared
for the people, commenced his argument by saying
he was directed by the District Attorney to strenu
| Ously oppose MOTION to release simmons bail,
| and argued that the Coroner should
DISREGARD THE VERDICT
OF the COroners jury or at least that portion of it
in which it stated that Simmons, in takng'the life
| of Duryea, acted without Fermentation. Mr..
Lyons contended that IT was absolutely obligatory
on the part Of the Coroner to fully commit Sim
mons to the Iombs without Dali to await the &C.
The Assistant District Attorney having concluded
prisoner arose TO reply. He took the ground that
the verdict of the CorOner's jury was accord
| ance with the testimony eiclteu, anu that being
true the crime was not murder, but only of the
lower degrees of manslaughter. Mr.. Fellows held
| that the offence with which Simmons charged
was bailable, and argued 1t was the imperative
duty of the Coroner to release his client in q
reasonable amount OF bail, and said he pre-
pared to give as good real estate security as there
| was in New York. Mr.. Fellows further said that in
| the case OF his client he
HAD SUBSTANTIAL DEFENCE,
and believed jury could not be found in this city
to convict simmons after the facts In his behalf
should be disclosed on the final trial.
|
! committed, and said the proceedings could be re-
| viewed before the Supreme Court, where all the
facts might be ELECTED, and, If proper. the defend
TEN THOUSAND DOLLARS BAIL
Coroner Keenan, SAID it was within his province
to take ball. and believing it to be right he would
release Simmons on giving $4,000 unencumbered
answer any indictment which the Grand Jury
might find against him. Mr.. Fellows SAID the bond
must be executed in presence OF the prisoner, at
sion 1t waSarranged that the bail should be taken
at Bellevue Hospital at hali-past two O'Clock In the
afternoon.
EVERYTHING LOVELY
At the conclusion OF Mr.. Fellows argument in
favor of admitting Simmons to bail and Coroner
Keenan's decision to accept $4,000 bail cOnsuta-
ton was held among the friends OF the prisoner
retired tea merchant, residing at "a Madison
street, and Mr.. Ellis N GROVE, who keeps large
livery stable at 139 Thompson street, would 90 Sinf
mons bail and be at the hospital at the appointed
time. Everybody then supposed that the prison.
ers trouble was over and that he would be released
during the afternoon ana taken to his own resi-
dence, l13 East Fourteenth street.
THE SETTING OF THE SNARE.
But meanwhile tine murderer had to pass through
another and more difficult ordeal than that of a
CorOner's inquest before he regained his liberty.
The verdict OF the Coroner's jury, delivered on
Tuesday evening, had caused a good deal Of
element and discussion in political and legal
circles yesterday morning and the general con-
versatlon on the subject found strong echo in the
DISTRICT ATTORNEYS OFFICE.
Mr.. Phelps had heard OF the verdict early in the
morning and had one OF the messengers in his
m he drst
of the action the Coroner would take in the mat
ter OF admitting simmons to bail. No sooner was
1t reported to the District Attorney that
the Coroner had decided to release the pri-
soner on $4,000 bond than he determined
bench warrant. This could only be done, of
course, through the regular routine-that is, by
sending the evidence taken before the CorOner's
jury to the Grand Jury OF Che Court Of oyer and
Termner or General Sessions.
THE TRAP.
1t was late in the forenoon before Mr.. Phelps had
heard OF the CorOners decision to take ball. andhe
at once sent the Coroner's testimony before the
Grand Jury OF the Court Of oyer and Terminer.
That body acted with commendable prOmpttude
In the matter, and shortly before two O'Clock an in
dctment had been found against John L. Simmons
charging him with the wilful murder of Nicholas
Duryea In Liberty street on the 10th OF December,
1877, thereby, OF course, setting the verdict OF the
CorOners jury, which was tantamOunt to justda-
BILE homicide, at naught This Indictment for an
unbailable offence was at once placed in the hands
ried to the Court Of oyer and Termiper, and just
before the rising OF the Court moved for and OBJ
tanned from Judge Brady bench warrant for the
rearrest OF Simmons. At two O'Clock the District
Attorney had the warrant in his own Office in the
brown building.
SHARP PRACTICE ALL ROUND.
But quick as the District Attorney had been it
was evident that he had no time to lose, and that
the friends OF Summons had had wind OF what was
going forward In the Grand Jury room. At
quarter-past two O'Clock simmons counsel, ex.
Assistant District Attorney Fellows, hurried into
the District Attorneys oflice and remained short
time in one Of the inner rooms, Though IL was
generally supposed that at that time he was on his
he
perfection OF his clientA $40, 900 Obnd
As soon as District Attorney Phelps had obtained
his bench warrant for Simmons rearrest he i'm
mediately sent it to Sheriff Brennan's Office with a
notice that the matter was one which would not
admit OF much delay, and that the prisoner must
be lodged In the Tombs before night: Sheriff Bren