The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-16
BENNETT, MAY 6 co.
What IL said by the Pilot Of the Herald
steam Yacht and by Others.

The Grand Jury was In session yesterday
from ten until one O'clock, but no witnesses in
the ouel case were examined. Tho jury room
was not warmed. and several Jurors withdrew
before the close Of the session on account OF The
discomfort. The rest went before Judso Gil
dersleeyc, In the General Sessions, and conf
pl ined Of what they had endured.
During the forenoon Dr. Phelps, under custody
OF Ordcr-of-Arreat Clerk Qlincy, waited in tho
Court House. Several friends from the Lot os
Club were with him, aud the party made several
visits to Judge Donohue's court room His
Honor began work at half past ten o'clock, but
did not reach the interesting case until nearly
one Then he announced his decision that DR..
Phelps could not be compelled to answer
questions about tho duel, hut that tho COM
mitment for contempt was valid. His expIlna-
tion was In substance ns follows: The law Ia
clear that Ill concerned in a duel In this State
must testify to all they know about It, and such
testimony may be used against all except the Wit
ness. Hut Ia case of persons going out OF the
state to fght or assist Ia a duel the provision AZ
70 enforced testimony does not apply, and re.
fusal to answer questions on the subject In
couri, or eeioro Grand jury. may be properly
based on the ground Of self-ci .nination. Con.
sequently Dr. Phelps had risht 10 refuse to
te-tily. but Dr. Phelps neuirciel to tell the
Grand Jur, why he refused, or to put bis re-
iusai, when arraigned before judge Glider
sleeve, on the legal ground. Consequently
was valid. Judge Donohue therefore reminded
the prisoner TO tue General ses ions, aud dis-
missed tho writ OF habeas corpus.
Tue decision was not written. and during the
brief delivery tho court room was crowded with
ea9er listeners. The friends Of the prisoner
showed their elltion plainly, although he was
not yet out OF the laws pr sp, aud they shook
hands with him warmly.
OF course, DR.. Phelvs's way TO liberty was
clear. lie Lad only to so before the Grand Jury
AID asain refuse TO answer questions reiaiiug to
the Jusl, being careful To say that hc fused
ina 4
hin. lie desired to do this Il once, and was
tisen - the urown-s'ons COurt House, IN
which inc Grand jury meets; but they haI Just
adjourned. lie WIS conducted 10 tue General
Sessions, where tho magis rate who had COM
mitled him Judge Giliersleeyel was adJudi-
ciiing criminal trials. Lawyer John A. Foley
explained TO the Judge the nature OF Judge
Donohue's decision, and added: II hand YOU
the papers remandins the pri. oner to this court.
lie appears here intending TO present himself
before the Grand Jury, but they have adj djournod.
IL YOU Irefer TO leave him In my custody will
answer for his appearance tomorrow morning,
or bali will willingly be furnished. However,
his own word suppose will os sufiacisnt. aud 1
ask Tor his release from custody"
IL see no objection" Assistant District Attor-
ney Rollins said. Although he Is technically
hi. own rseoxnlzlnce. 60 not asa That any
bail be given"
Dr. Phelps was released.
Ihe handsome plot la the wheeihousc Of tho
Hefdlts ste m yacht laughed heartily when
asked YESTERDAY aooat Mr BennetIs boarding
gravity, he said: MIR Bennett has not been
aboard this craft for months. The nrst Thing we
knew aoout ais being put on board the hich-
mord WAS what we saw Ia the q neNsqapers Iney
had II down hue. We were attending to our
regular husine2s on saturday, aud were not any
where near the NcumuHi. lt- all stuR about
Mr. Bennett being aboard this boat ior TWO or
three daYs,And about our NY steiiOus movements
up anu down the bay"
One Of Mr. Bennett's friends, who prefers to
be hnoNn IN print As john smith. Esq, Was de-
lighted with the call Of the SuN reporter. sum
moning waiter and ordering bottle OF Piper
Heldsick, he said: sit down ana tell US what
you know. / just heard az extra cried stating
that May was sad. IL this ia tho last OF May,
why. then, there VIII DO no more sleighing, and
I've jusi bought "A cutter
An oficer OF the lnman Steamship Company
admitted Yesterday that BeAnelt did sail IN Tue
C!ty Of kehmond.