New-York tribune., 1873-02-06
WHY MERCHANTS ARR SILENT.
~ ANrDorE TO c0RoNERS JCsTIcE
.. -. .sss-.sfyy .sso+ - % --i7 ~ '-.--aS -
srNNONs INDIr IN nv nv THE GRAND JURY.

SIMMONS INDIC IN Nv Nv THE GRAND JURY.
4 motley crowd attended at the CorOner's
Once in the Cy Hall, a: IL 8. IA, yesterday, TO listen
10 the arguments of lawyers On either side before Coro-
ner keenan, IN reference To the motion TO admit to bail
JoDn T. Summons lottery dealer against whom the jury
OF nquest rendered apologize verdict for the killing
Of his former partner, Nicholas b. Duryea. Assistant
Attorney Lyon opened the proceedings in behalf
Of tie people By stating that he had been Instructed by
Attorney Phelps to oppose the motion strenn-
ousy lie cuntended that the Coroner should disregard
that portion the verdict winch expressed the belief IN
unprcmeditation He argued briefly but pointedly
against the granting Of the motion and in conclusion
ephatcully declared IL be the palpable duty OF the
Coroner to commit the prisoner TO the Tombs without
bail 10 await the action Of the GraLd Jury.
Coil H. Fellows Of counsel for the accused, ayefred
that the verdict was strictly in accordance with the tes
umony eei,ed at the inquest, and that the evidence
show cd tst the prisoner guilty Of any crime al all
II was minor de gee Of manslaugher Ii was the duty OF
the Coroner therefore, admit 10 bail his client VINO
ne stated was prepared TO furnish as good real estate
security as any that could be found IN NewYork The
rrisouer he asserted had good aud substantial de
tense in opposition winch jury could he found who
woud have the uufairness render verdict for high
grade OF crime.
Mr. Lyon again urged the commitment Of the prisoner
and suggested that counsel for The defense world We
opportunity to obtain reviewa OF the proceeding be
could be ELECTED and justice be rendered alike TO the
prisoner and the people.
Coroner keenan, said hat he was satisfied that III view
Of the evidence adduccd durnGthe inquest he should
admit the prisoner to bail in $1,000 TO he furnished by
two owners Of uDincUDbered real estate.
Col Fellows remarked that the sureties should exc
cute their sonds III the presence Of the prisoner who
st remained at Bellevue Hospital He then offered as
poudIncn Edward Martin retired Vesey-st grocer, Of
No "a MadsOn-st, and Ellis y. Crow, livery stable
Lccper of No. 139 ThOmpsCnst both of whom were ac
eeptea by the Coroner. Tie bondsmen were asked TO
execute the bonds at the hospital at u y. IN.
The ease was removed from the jurisdiction OF the
Coroncr however. as District-AttOrney Phelps, not
thinking that IL proper case for bail, procured
several witnesses and them before the Grand Jury
who found an indictment against Simmons for murder
In the first degree. bench warrant was subsequently
issued his and placed Ia the sherns hands-
In the absence OF Deputy Shtth JARVIS on business IA
BROOKLYN the eretuun Of the warrant was lntrusted 10
D-puty Sheriff s4Jacner
When the Deputy Sheriff reached the hospital, he
fud that the bond OF Two surctes, in $1,000 each had
handed hs warrant the hospital authorities. The an
nOuncenent Of rearrest fell like thunderbolt uIpn
Simmons and his friends Mr. SeeOacher then sed about
tine prelminarcE 70 SiumOns's removal TO the T0mDs
piariug Specal Deputy Daniel Day in charge of the
risouer ic consuted with Drs. Wood aud Fluee. whO
without making positive 09ecuOn, slate1 thaV az re
would rest with the Deputy Sheriff simmons, they
said haa brought TO the hospital IN
4 far worse condition than he was then, yet
be would undoubtedly require further treatment re-
moved on account OF these statements Mr.. seebacher
decided 80 consult with the Sheriff, and himnOns had
not been removed at II 80 AZ midnight slmmOns'
who had gone 10 bed at p H. was taken chaIke OF by
two police officers Of the Nineteenth Precinct and spe-
Cigi Ueputy CaDlll.