New-York tribune., 1877-01-04

HIS CORRESPONDENCE WITH Mr.. ROOT.
A LETTER THREATENING LEGAL PROCEEDINGS ON
ACCOUNT OF HIS BRIEF-MB. ROOTS LACoNiC
ADvICE-GEN BARLOW THEN PROPOSES DUEL
OR STREET ENCoUSTER-HIs AFTER EXPLANA-
TIoN.
The full and accurate account OF the strange
and sensational Barlow Root affair, which was gwen In
yesterdays TRIBUNE created no less excite nent than
ainazement political and legal circles IL was the
tonic of conversation in the the ferry
boats in the courts and IN downtown streets aud Offices
The talk was largely inerspersed with laughter and ex-
pressons of astonishment. There was little TO add To
THE TRrUNEs account OF the controversy which could
be OF further interest to the public except the pbca-
ton OF the correspondence which passed between Mr.
Barlow and Mr. Root The friends OF both at first de-
cded that further publicity quarrel should be pre-
vented as far as possible, and at first the application OF
THE TRIBUNE reporter for the letters was denied Late
III day the refusal reconsldered ana the letters
were furnished for publication.
IL will be remembered that Cen Barlow and MI. Root
were opposing counsel in suit heard before william
Stanley referee they had exchanged briefs as is
customary that Mr.. Root had made marginal notes on
Mr. Barlows brief for in argument as he ex-
pected to keep the brief his property, as Is also the
custom and that he stated the above as the reason why
he could the brief when requested to do so by
Gen. Barlow Then came the following letter from Gen.
Barlow forebodlng troube
NEw-YoRK, No. 2O6 BROADWAY Dec. 81, 1876.
DEAR SIR: have heretofore requested the return OF
my written argument IN the case OF the People against
formal request for the purpose or Dasing upon ~ sun
uncompied with, an action OF repev, OF IL the aig!,
ent has destroyed action Of royer coupled WITH
'ng Eihn abeis Root St esq s' FRANCES & BARLOW
This called out the following very laconc rejoinder
from Mr. Root and is authenticated in this form by
its author Gen. Barlow Will be in doubt no longer
whether Mr. Root was swearing in the Yankee dialect
"darned "-or in the pure vcrnacular:
FRANCIS c. BARLOW. esq-DEc. 27, 1875. DEAR SIR:
Don't be damned fool Yours, &c. ELlHU hoor
Then came the climax Of the quarrel In the form OF
Gen. Barow's pointed communication addressed to Mr..
Root which weighs in the balance Of injury tho word
used and the word which he thought might have been
intended and which defines at length the modes in
which satisfaction" might be given him. 1t Is ncces-
sary to add in explanation that Senator Herman
counsel with Mr.. Root in defending the suit. Mr. Bar
NEwYORK, 2O6 BROADWAY, Dec. 27, 1876
ELIHU ROOT, esq.-SIR have received your letter OF
this date containing offensive epthet regret that
the legal controversy between us IL ailude now 10 the
conversion of my written argumenD should have be-
come embarrassed by the personalities which you have
chosen To bring into the controversy. should have pre-
ferred leave the matters OF difference between us to
the courts but must accept the personal Issue which
YOU nave injected into the affair.
At the outset embarrassed by IN indstinctness In
the writing OF your last note. not certain whether
the offensive word used BY you or rather one OF em to
speak with entire accuracy is damned" or "darned"
Some OF my friends whom have consulted think that the
latter is expression. which possibly be less Of
icnsiye in its implication than the former should be
clad II point could be settled at the outset; but
Without dwelling longer this point, make the follow
ing requests OF you, IN order TO Law basis for future
FIRST: That you, viii define your exact M meaning or
rahsr dha Sa% was W SiS ne or
Secondly : That you Withdraw unequivocally the en-
that You say simply withdraw the offensive expres-
sious using ae plural to cover the whole expression OF
Should you decline both the above propositions, must
declare my future cOurse-not by way oi threat, Tor
realize exactly the situation request that you will
form me before II III. OF Saturday next whether
IN Canada during the coming week, that may settle
this matter Of aierence IN diSnlied way: II you an
swcr the affirmative, Will request friend To wait
upon you, whom you can refer to some gentleman who
Will act for you
only ask you prepared to defend yourself (u
mean by tho OF tirearms whenever and wherever
may you always excepting, OF course the courts
place OF encounter. Upon recognition shall feel at
liberty to fire upon YOU as the only method OF adjust
the which intend IN the matter of the argument
will go exclusive OF this method Of settling the per-
soual difficulty arising from the offensive remarks.
should you decline tie rcIactions and explanations and
the other metlods OF settlement which propose, and
should not happen 10 meet 4Ou before jan q, would
suggs that you notify Mr. s,aniey Of our Intentions,
that he may absent himself fron the room until the re-
suit OF our meeting Is determined.
Possibly shall be compelled ~ give Mr. Herman a sim
liar notice TO meeting (my meeting with hiln
have written him 10 inquire whether he s In any way
responsible for tails offensive note ours Of Dec 27
you. You would relieve the case froul some compcQ
lions by avowng yourself alone responsible for the note
OF tnis early will o6lg Yours, etc,
FRANCIS C. BARLOW.
To this which Gen. Barlow now says was intended as
Joke Root replied In brief terms the subsequent
day:
43 PNEsT., NEw-YoRK, Dec. 2s, 1875.
FRANCIS c. BARLOW, esq SIR: Your second letler Of
the 27th inst received to-day.
IL contains threat OF assassination unless comply
with your dictatiOn.
That alone sufficient to preclude me from considering
anything further in your communication.
ELIHU Roof.
Then Mr. Roots friends sought warrant for the
arrest of Gen. Barlow and Judge Noah Davis Eterposed
10 clear up the difficulty without resort to the courts
In consequence OF Judge Davss friendly interposion
Gen Barlow letter asserting that his challenge
was intended ~ Y Joke.