The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-13
THE DISTRICT ATTORNEY.
Charges Of Malfeasance Preferred
Against Benz. K. Phelps.
George Wilkes on the Warpath
with Specifications.

Considerable excitement was manifested yesterday in
legal circles in and about the City Hall and among the
thousand political coteries who are just now bubbhng
and boiling over with animosy against each other az
the report that Governor Tden had determined TO
move District Attorney B. X Phelps pending charges
which had been made against him for malfeasance in
Office by George Wilkes editor or the Spirit Of ne
Times. Rumor with its hundred tongues declared
that the charges had been forwarded TO Governor
| Tllden by Mr. Wilkes, and that they were fall
ana very lengthy in detail, having their foundation
10 the refusal OF the District Attorney 10 permit
an indictment against one Latham to be
presented TO the Grand Jury in last May sand Latham
having, while in the employment Of Mr Wilkes been
accused OF defraudng his employer out or the sum or
$50 which charge he acknowledged to be true Il was
also stated by the quianunes and yoluble politicians
around the City Hall that George Wilkes had written to
Mayor Wickham and John Kelly duplicate letters in
forming the first named gentleman, as wei! as the
Mayor OF the action he had taken proerrng charges
against the District Attorney to Governor Tlden A
reporter Of the HERALD, while seeking for light on
the subject, informed that Governor
Tilden had received Mr.. Wilkes charges.
and had turned them over for investigation
to Mr. Stebbns his private secretary well known
and eminent consulting lawyer the latter had re-
ported back the Governor in favor Of having the
charges investigated promptly stating at the time that
Inv
the Governor of District Attorney Phelps The opinion
which seemed to be shared by many lawyers and poll
tcians the effect that Governor Tilden would fol-
low in the track of Governor Dix year ago Who when
charges preferred against District Attorney Win
chester Britton of Kings county democrat the Gov
ernor pending the investigation of the charges against
Mr. Britton, removed him and placed Mr. Wnsow a
republican, in his vacated position.
INTERVIEW WITH THE DISTRICT ATTORNEY. !.
reporter of the HERALD called upon District
Attorney Phelps yesterday at his Office and had brci
conversation with him in regard the matter of tho
rumored charges and removal.
Mr.. Phelps looked very good natured and smiling,
and did not look like who all frightened
in regard to what Governor Tilden might or might not
do
REPoRTER-Mr Phelps, it is rumored that Mr. George
Wilkes has preferred charges of mareasance against
you in office, and that he has these charges to
Governor Tilden who is now investigating them. Do
you know anything Of this matter9
District Attorney PHELPs-I know nothing of the
matter with the exception of the fact that was
formed that charges had been preferred against me.
Mr. Wilkes appeared before the Legislative Committee
Crime with charges believe or to give testi-
mony That is all know about the matter. No cor
respondcnce has passed between the Governor and my
self with the exception of a letter which addressed
him dated September Is stating that / heard that
charges had been preferred against me- and that was
ready and willing them any time or place
designated by the Governor ! addressed letter
Mr.. Wilkes in answer to his request to have
dicted also That is all know OF the regards
any charges against myself, and there other
respondence between the Governor and myself but what
have stated.
WILKES on THE WAR PATH
The next place visited by our reporter was the Office
OF George Wilkes, in Park row. This gentleman looked
quite defiant and brstling with fight, and admitted
after questioning, that he had written letters
John Kelly. the leader Of tho democratic party
the city, and 10 Mayor Wickham. the chief magis-
trae OF the city, in relation to the alleged maeasance
of the District Attorney. But he declined give any
particulars, excepting that he had informed John
Kelly simply because he thought that il was possible
that Governor Tdcn might declare the Office OF District
Attorney vacant in a short time, but that OF
| his own cognizance he knew nothing Of the
intentions or proposed action Of the Governor
He had heard that the charges which he had preferred
against District Attorney Phelps were in the hands
OF Mr. Stebbns, Governor Tden's private counsel
private Secretary, but could not say what disposition
would be made Of the District Attorney although he
cautiously admitted that he had heard that Mr. Seh-
bins had reported favorably TO the immediate nvcst-
CATION OF charges In relation TO the effect such charges
might have upon the nomination OF Mr.
Phelps by the republicans in their Convention
he knew nothing and could say nothing. The charges
in fifteen specifications with full explanations, OF
interference with the duties of the Grand jury and the
charges Mr.. Wilkes said would be attest0d by such
well known citizens John McKeon, W. D. Bartlett
senator Ely, Hon Francis NJ Barlow, John X Hackett
Hon William Dorsheimer Justice Otterbourr Assistant
Attorney General Fairchd. William X. Garrison Sin
clair Tousey, Charles Il. Hunter and others Mr.
Wilkes declared his determination to the reporter 10
press the charges to the end in order TO test the
rottenness the District Attorneys Office the core
and he knew that all honest republicans anxious
to throw OIL the rascally incubus
DISTRICT ATTORNEYS ANSWER.
The letter addressed to George Wilkes BY Mr. Phelps,
acting District Attorney, which has been pub
lished before, and in which Mr. Phelps declines very
peremptorily TO allow Indictment to be made by the
Grand jury ganst the propretors 81 weekly paper,
which Mr. Wilkes declares had atrociousy lbelled him.
is as follows
Cry HALL, COUNTY OF New YORK;
DISTRICT ATTORNEYS OFFICE.
SIR in receipt OF note oil yesterday. call
ing my attention attack upon you contained in a
paper called the Free Lance and desiring that the mat
Ter be Immediately land before the Grand Jury with a
view Of procuring indictment against the publishers
for libel, without any preliminary hearing before a
magistrate. The offence of publishing libel mis-.
demeanor, Of that class OF offences over which
the police magistrates specially invested
with jurisdiction BY the provision Of the the
offender Is TO be tried at the Court Of Special Sessions
unless he shall elect to before jury, and the Court
Special Sessions is vested with exclusive jurisdiction
over all complaints Tor misdemeanors IL was urged
with great persistence in the case OF The People
Tweed and that OF Charlick and Gardiner, Police Com
missonerS that y was fatal error to proceed in
OF misdemeanor by Indictment without a complaint
having first been made before magistrate. The argu-
mcnt was pressed with great ability by some OF the
most skiliul counsel ia the state and the Court OF
Appeals has both Of these pending and nnde
termined before it. While by no means
in the sOundncss OF this position,
am yet very sensible OF the fact that the policy OF
legislation contempates that in Of misdemcan
ors complaint shall IN the first instance be made be-
fore magistrate, that the accused may nave an oppor
tunity to be heard IL he desires This general rule
seems 70 be peculiarly proper IN cases q hoe, ana
think that any connected with the press should DO
especially interested IN its enforcement as ne may at
any time have occasion 10 invoke ~ operation II
was accede TO the almost daily demands upon TINS
office for permission 60 before the Grand Jury with
charges Of libel almost every newspaper proprietor in
the country would be called upon to defend himself
\ against indictments without number upon charges
! which would not have stood lot moment
4 the tost of an investigation which was
wy ,sIt, - norte or course I 10 moi
mean to suggest thai your accusation Is untounded but
r. an trfI In thp nrftp az