The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-14

prior c, Inns on his attention. AMI that he had
not had an opportunity to consider the Pnelps
one. one. He misnt decide on Mond y. lie ADDED,
factory bnds." The tnestinner asked. do
YOU mean satisfactory to hin y' but he got no
Csiia,nIv, DR.. Phelps Is not much inconve-
nenced. Although commi,ted to Lu How
stree jail, he h = not vet spent n min tie In
confinement there. or anywhere else. The dcpu-
tvshcrln accompanies hin wherever he ocs,
but ne IA not In ny way h,mpered IN hi move
10 obtained IN the Shcrif's oGicc. Under sheriff
Cnmnl Away p'ofes-es Ignorance, aud Major
Qu'ncv ''rsit II none of the pIblic's business.
Dr Phelps made his usual profession | calls VS.
tor nv and spent Last ni9ht at home Its Lotos
e,nis ton IN ready to sid him In every Dos
sihle wa, as well a. to comfort him convivially.
>, L,wyers diner on tue point raised in DIR.
Pnclps's behalf before J idre ID nonuc. there
is no doubt tn { his testimony could not be used
against himself. lhe uis,u'e l. whether tho
common ! privilege of refusing to answer
questions. when the tendency OF so dong would
be to cri mate the witness, Is suspended by tho
special 4 itutc IN this class OF cases IL a duel
had Oeen fought In TINS state hy MAY an / Ben.
nett the attending surgeon would ne compelled
10 testify; nut the law is not explicit as to tns
therefore the decision Is IL Jked for with uDcer-
tainty - well "a curiosity.
Thr Grand ~ dt1 not meet yesterday, hnv-
Inv adjourned on Friday until MONDAY. rncir
progress IN inve~ttg iiing the supposed duel ~
slow. hey have questioned only four wit
nerses, rs far as Trustworthy infor notion goes.
. t1ese DIR. Pnelps fused to testify Mr.. Del.
rchs, the cousin OF Nav and reputed second
IN the duel, swore that he had no personal
knowledge OF the encounter; Mr. Tuwnshcnd,
the wNer who was said to n w given Bennett
Hdvic ABOUT the law. and to nave prepared his
will IN antcip pAton OF aftsl result. eworc TO the
same effect and MT. Chisnu m. supe 'intendent
Of the Union tlun, tlso professed Ignorance.
The members OF the Grand jury scrupulously
respect their Oaihs Of secrecy. aud their fore
~, Mr. COrtlin ID. y. Field. Is anxi bus to learn
how the reporters get information OF tine jury
proceedings He wonder, too, how men who
are wanted IA witnesses almost inva ilbly 10 lrn
uf that ct IN time 60 at out of the way VI tney
50 desire. Indeed. since the warning given In
ID lhelps's rrest.i ANYBODY voluntarily appe m
as a witness, that is taken Hs n sure indication
tnat he has no Information to give. Other
wise he would Dodge or disohey the sub gna.
"A t. the amount Of eyidence necess ~ to
Justify indictments, the Jurors must tossess
themselves Of enough to convince them OF the
ruilt OF the p.r-ons accuse Judge Glider
al eve. In ch irgin4 this same Grand Jury. said:
:" In order to- prop rivhnd indictment against
anN -Ilogrd offender the case against HIM must
be stflCient 10 convict nj u. unless he uld IN
the tiiai meet 1, with cxcuip tor, proof. Ihtt
him before he Il He'd on to dcf- Il himself
against IT," Thus T. appears that hearsiy Is Of
no ' due o the jurors. TIE movements OF the
dueiling plrty nave readily been Traced by the
new piuer>, and accurate accounts secured OF
nearly everything rclatne to the tflp, except the
en- ounter iisef. but the District Attorney Is
hindered by the fac tina men wuu could te tiiy
to the fdct- aie out of the Stlte am cannot tie
brought before the Grand Jury by fnrcr. 1t Is
: ii tndt some Of them have been induced to
come voluntarily, and viii tie here ON Monday.