The New York herald., 1877-01-11
COMMITTED FOR CONTEMPT.

A PHYSICIAN DECLINES TO ANSWER THE GRAND
JuRY-ApPLIcATIos FOR A WRIT OF HABEAs
CORPUS.
Shortly alter one O'Clock yesterday tho Grand Jury,
now empanelled, entered the Court Of General Sos.
sions Part /, Judge Gdersleeve presiding, and SUBJ
mitted list OF twelve questions which they
witness had declined to answer II appeared that DR..
Charles Phelps in resposo to subpoena issued by the
District Attorney, went before the Grand Jury
IN relation 10 certain particulars touching
q reported meeting between Mr. Frederick
May and Mr.. J. G. Bennett, and which, il
claimed he cognzant or DR.. Phelps the
Grand Jury alleged, refused TO the interoga
lions put him, ana they came into court Tor lnstruc
tons in the premises Judge Gilderseeve having read
the questions submitted, said he saw reason why
the witness should not answer the interrogatories.
Mr.. Bergen, lawyer, suggested that perhaps tha
answers to the questions might tend 10 crimnatc the
witness and he thought that under the circumstances
time ought to be allowed him TO consult with
counsel The Judge, however, intimatcd that In mat
ter OF this kind consultation with counsel was unnec-
essary. DR.. Phelps still perssttng In his refusal 10
answer, and Judge Gidcrsceve having remonst rated
with him on the attitude he had assumed, he hnaly
committed him the City Prison Tor thirty days Tor
contempt OF Court Tho necessary papers were then
made out and DR.. Phelps was formally committed
PETITION FOR HABEAs CORPUS.
Tho following petition was submitted TO Judge Dopos
hue for habeas corpus. Upon reading the petition
Judge Donohue promptly granted the writ, ana Tho
day (rhursday,, in Supreme Court, Chambers
The petition of Charles Phelps that he is electoe
the city and State of New York. and l. bv
profession physician and surgeon residing at No III East
Nineteenth street. In this ty and thar he Is
mtted detained and in custody and under arrest by aud
under the Court Of General Seasons OF tho
Peace In city OF New York. he Is Informed
that he Is tied or detained by virtue OF
issued by Court o the United states by
Judge thereof he committed detained by virtue OF tho
hnA OF competent tribunal OF civil
upon Judgment decree that the cause pretenco
under arrest according 10 the best OF
the knowledge and belief of the petitioner Is that, being
appear witness before the Grand jury Of
this county he attended before that body and was asked
certain questions teadng TO snow that he was cog.
the Jurisdiction OF this court. and which qnes-
tions he refused to whercupon he ndud<ed
guilty OF contempt OF court ana by commitments OF sud
Court for such contempt arrested and imprisoned That
by such he Is detained In this county by tho
She riff thereof That petitioner B unable to hereto
therefor could be made Petitioner AYERS that
his said Imprisonment Illegal because the Grand Jury
from the face of commment he IL advised
by counsel believes had jursdcton to inquire into
the aforesaid. and thar this petitioner declined
and dec ines be nerrogated OF snch matter because
the the questions popounded by said Grand
Jury would tend him to prosecution in another
writ of hnbcas forthwith issue directed 20 the
Sheriff of this county the Sheriff forthwith produce tho
body OF petitioner before Justice OF the supreme Court
that the OF the alleged iegaty of the imprisonment
Of petitioner the sheriff be forthwith inquired
CHARLES PHELPS, No lit East Nineteenth street
Dated 10th January 1877.
The writ was granted and made rcturnablc to-day