New-York tribune., 1877-01-11
THE GRAND JURY TAKES ACTION.

DIR. CHARLES PHELPS QUESTIONED CONCERNING HIS
KvowIFDGE OF The DUEL-HE REFUSES TO
ANSWER AND Is COMMITTED FOR CoSrEMPT-A
wrIT OF HABEAs CORPUS OBTAINED.
DIR Charles Phelps, who is believed TO have
,oconoonied lanes Gordon Bennett surgeon on tue
exnedirion to Maryland TO exchange pstOFslots WIN
tred,.,ick Nav was summoned to appear before the
Grand Jury Yesterday testify 10 MS Enowledge OF the
famous duel Several questions were asked him by Cor
o,d II Field the foreman. all OF which DR.. Phelps
,ef,aod o rive any answer He then taken before
Iud-e Giiderseeye in Part l. OF the Court OF General
SESSIONS and the questions and answers were suDnteu
70 the court Judge Gldersleeve said there eoud DE no
doubt that the questions were proper ana held ta inc
witness must answer. BY direction OF the court Dr
Phelps WAS taken back to the Grand Jury room where
the questions wore repeated The doctor still refusing
to onav,r Judue Gndersleeve ordered him committed
for coutuDt OF court without bail DR. Phelps then re
tired 20 the clerks Office where he remained Tor Two OF
three hours IN consultation with his counsel A OaKey
Hall his friends in the meantime busying themselves III
hunting ND Judge whom they could apply iOr VIII
OF habeas corpus.
Dr Phelns took his commitment very calmly ana ala
not betray the least excitement His resals to answer
,h ouestion, before the Grand Jury were made very
courteously but firmly. ana he had evidently iiy de
ternine, by advise Of counsel rot 10 give any iofha
tIon whatever. After his commitment pr Pheips was
,pproached by many Of mis- friends ana Ou
he postiyely reusedto with uuy person except
b LAWYER and desired to avoid public notoriety as far
possible. ,,,
Jrd-e Dopohne was applied TO for writ OF haDeas
oru. but The petition being informal be at first re-
traJ IN grant the writ After the iniorinallty was
amended, having no alternative. he granted VIII re-
turnable this morning The petition OF Dr rhelps
omitting some ycrblage. Is a follows:
Tie petition OF ChlTes Rhcps shows thH nc ~ t hn
elec:or and ctzen Of the Cyy aud state OF NeWf nth
and Ia by profession phy tc1l ana surgeon Is.'ihiS
AT No III East Nin.ocnth 81, N thls el, au i @ @ r
is now committed, detained anu III CUSTODY - s" - I u
arrt ms and uuder process rom TN Court ol Gtero
sessions OF TIE Peace in and for the Csy anu co.S @ M ~
New York a. he Is informed lh;1. tuc u c'''' Va Va
nrer.nsc of such imprisonment under arrest. ac
ror,linr 10 the best OF tie knowledge ana pt
-, .rusar a. "A witupss before the Grand
Try q! ms county lie attended before that OoGy' ahc
,1l NJ ~ lo,~ alleged crime hch had occurred OUT
of III IIIlsdicion OF hs court and when guso,s ~
refused to answer, whereupon ne was aoyudSeu gul
ccntc,ont o court and b. q commitment of sad cgut
for such contempt, was afrrStei ana w. ,,, ms,
bv such process he ia now d"ttnel III thls c"u! 80 ~
the sheriff thereof; that petitioner II uh'nle 20
hereto copy OF such commitment because ne Was
before "A demand thereto" could ne ii,t' % ,5
tat hs said imprisonment IL he5al BECAUSE t.e "u
Jury as appears from the face OF such az
L, is advised 10y counsel ana believes huu nv J 81 -
20 oir INTO Le matter as Aforesaid, ana Dtcfuse liis
penner declined and now declines 10 pe lheloga.u
of yuch matter. because answers to th quosl"uS ~
uoundrd by said Grand jury would tend TO eApoSe nun
90 prosecution in another state Iol i"ns, S
fore your petitioner prays mat Writ oI ~ '
NAV forrhgith issue directed TO the sherin To iort"ih
produce the boiy OF petitioner Ne r.. v,o.,h g,
The questions which he refused to answ before the
Grand Jury are follows
O. From Philadelphia where did you go ,.., A.,
q hf,er leaving NewYork ou sunday evening last du
Won see Mr. lanes Gordon Bennett before You saw Mn
In iepnIg Monday evening"
q Wnon did yo las1 see him
q DO YOU know n any hostile meeting has occurred
between Mr. Bennett and Mr.. Mayf "a,
q Did You come To philadelphia In company VILE
James Gordon Benncttf n,,. =, -,
o. After leaving New-York on Sunday last, when and
where did you See Mr. Bennettt