The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-12
THE BENNETT-MAY DUEL.
ruE UNCOMMON BETICENCE OF THE
oUIDSUNCS OF THE CLUBS.

~ ueir,ebs Examined and Lawrence
,.rome Wanted-Mr. Bennett and Friends
Repcrted TO be On for Europe via BOSTON,
nr charles Phelps, who had been COM
-.,,,sa 70 Ludlow street Jail on Thursday by
,ndsa Glldersieeve for refusing to tell the
Go Jury about the Bonnett-May duel. en-
,.,od tho Court House at o'clock yesterday
earning. He was still In custody OF Deputy
sheriff Maeonigle, the ofilcer from whom Tweed
,slked away, and bad not been near LUDLOW
ursst jail. lie had spent the nrst balf OF the
night convivially at the Lotos Club and the last
half at home but, II his eyes were sood sVidsnee'
ts had not slept much.
In tho rotunda of the Court House. where the
sorgmen on the new dome were making DEAF
ming din by pounding with sedses on iron, he
-. ioined by his counsel, Mr.. A. Oakley Hall,
vho At once remarked that the noise sounded
auke the crack Of doom" (dome)i MsJor
ouincy, the Order OF Arrest Clerk In the Sherins
oaoe. also came and the party went into one
~ the rooms OF the Supreme Court, where an
,rsument was to be made before Judge Dono-
bue ON the " rit Of habeas corpus that bis Honor
had issued. There they waited idly until 10
o'clock, when the Judge took his seat on the
bench.
There Is not much life ordinarily In the courts
until later, and not more than hfty persons were
present when the prisoner was formally pre-
sented at the bar. The formslity was slight.
consisting simply Of the Sherif's representa-
tive. Mr.. J. Sterling Price, saying that In obe-
dience TO the order OF the Court, he produced
the body OF Charles Phelps. A messenger said
that the District Attorney could not easily at
tend before noon. and by agreement the ro-
ceedings were adjourned until half past one. On
behalf Of the sheriff a return" " to the writ was
tled-s document setting forth that the pris-
oner was LEGALLY in custody, on commitment
BY Judge Gildersleeve. for refusing to answer
questions prooerly put 10y the Grand jury. On be-
ali OF the prisoner a traverse was fled. All
these transactions did not occupy over Eve min
uies. and at their close the ordinary business Of
the court was commenced. DR.. Phelps and his
party withdrew. lie bought several morning
news papers, and hegan on tn, way out OF the
building to read the accounts of his refusal to
ie-ufy. lie went to the SherD's ofice, stayed
there half IN hour. and thence rode up town to
lunch, In charge Of Deputy sheriff Magonigle.
he room was densely crowded at h'lf past
lo'cock. Technically termed "Chambers,' II Is
teyOicd to the business Of the Supreme Court
Dot er Traced In iriais. IL has a 1mitcd seating
:aoa city. and most Of the spectators had to
uand. Dr. Phel lps WAS ccompunied On his re-
Mrr besides the officers and bis lawyers. by
leytrM fellow mem crs OF the LOtos Club.
District AttOrnev Phelps (wbo Is not relative
II the prisoner was attended hy party of as
psiants from his Office. judge Donohue's eyes
lwinsled rs he took Il seat. and the indicati q ms
of a smile were around his mouth as he sur-
Keyed the uuwonted Assem- .ly We. he Was sum
rlently dieni0ed. lie put on his spoctacles. aud
waited fr the beginning, which corsiste d OF
he reading OF the "tr.verse by the prisoners
t6ln>eL That docume Mt embodied the grounds
en- which the release was demanded.
Grsn Jury or anybody else had conf ed under oa1i
sgains james GORDON Bennett or Fredercs May At th
% sucn complain, had teen made the Grsnd jury ha,
% Jurisdiction 10 question. and tue Court had lo juris
seoond-No complaint hal been made OF dtueliins o
rparaon to night duel witnin the state Neither th
G.vrser nor bennett, nor MAJ, had. IN fact violate,
!he law. on that Lead l, he mad sysn evidence tend
ne protection OF any statute securing him iuiD
lhiid The commitment shows on r. ,ace that m
Grand lury were inquirng INTO trssactons outside
fourih.lt the traverse mad aided and abetted Ben
nett and VI y in the c>,nnission cf a criminal oiicnc
s.e anda yor , I I pu.innys' . n , IN INA INA
or ne lon WI" as. STey g y qn I'M n s PySss S gSse n
F.iA-lt h. ddu't say all this to the Grand Jury n
te TIM D. had u IN his mind Ms the and Jlsti
sntli ihs refusal; but ms position was novel NJ
.llt ua-e! 70 sd'ise Nm nd wa a. definitely Ia
Gu EEL form 10y ms counsel the Court ~ INT tax
- ''te mem ne hs s,ui % ., e,s ~ 70 & ssver & ani on
,ei 1t 0erty forthwith.
II atguwen, on both sides was mainly rs 4
The proper construction to ne put on the statue
a. iu-t duelling. Sections 1rst and secon,
u.aAr crue Of engaging In or In any wa
atrIliHg IA duel within the State and provid
N tryuody concerned IN duel may he CON
pellet To testify before Grand jury, or In
criminal tn i. no matter II the testimony woul,
ini ate the lerson 50 testifying Tuis pro
vision de-troys, III such Cases, the common Law
privilege 0t retusin. 10 answer questions II 4,
Noils woull tend to crminate the witness
Thus 80 oud. or surgeon, in a duel must tes
Ilfy against bus comrades, or endure punishment
for contempt. The only pom In the at ti-ut
iayonng Inn Is that his testimony cannot b
/ IN far In
Ihtl aud r. Hall were agresd.
bal another section Of the statute provide
tnat per,ots coiL- ou. of the State 10 fight
cue may - J. nished here Just the same q
though theY fought, or intended to fight, within
the state. ILls section Is The one under wDicl
tie llruht tt-May p-rty must be punished here
II az u; and tnis section lacks the clause abou
COMPELLING everybody concerned to give testi
mpnN. Mr.. Han held that this omission lel
d. Ph"lp- the uriVll- g. Of refusing to answe
Tue Nfand Jury's "a siOns. Inc District At
tOfnty meta thut tue provision Was intended Il
cover the entire statute. ana tnat cOnseq 4entl
tue impfisOnu ent OF DR.. Phelps WAS proper.
jude ID n"hue reserved nis dechlOD. lie |
expected 10 render II today.
III fhelps and his party fingered IN the cour
room, as though un.eciled wnere to 20: and
hitei emerging 10 the hall lNay, they converse,
WIN e4cn other ten minutes. Next the
bounced 10 tue snerirs ufice. A messenge
-uli Df. PHELPS that some Of his patients ha
ieni t. his Office tor him, aud he repli a that
on Impossible for him to attend them. At
1cWcN he departed with Deputy Magnningl,
.A II Na- understood IN practically MS move
Mtlt- would be under no con-traint, alt nouR
ne h,,r would accompany him wherever b
Nthi lie suONs NJ deposition to change hi
mirn hhnut ttstiyiu2, aud will, his frlonns sal
en- -te we thlity DAYS OF impris Jnment II j udg
Dohohle'a decision Is ~ ,ins hun. 1t Is ais
sfld inst apartments In Ludlow street al al
2'l pre9aie., 81 IbaI be mdy stay there lul
I!--.iY.