New-York tribune., 1877-01-03
GEN. BARLOW AS A DUELIST.
A CHALLENGE TO ELIHU ROOT.

| A CHALLENGE TO ELIHU ROOT
SHARP CORRESPONDENCE Ending IN AN INVITA-
TON TO MORTAL CoMBAT-THE QUARREL STARTED
OVER A BRIEF-MR. ROOFS FRIENDS BECOME
ALARMED AND CONSULT THE DIsIRIcT-ATTORSEY
GEN. BARLOW DECLARES THE WHOLE AFFAIR
JEST.
Reports of strange controversy between ex-
Attorney General Francis C. Barlow and Eihu Root, and
Of challenge sent by the former the latter have been
in circulation In spite OF the efforts OF the friends OF both
to keep the matter from publicity. The story presents
two prominent lawyers antagonists In commonplace
| suit, lawyers1 briefs. exchange of crisp notes.
| advice seasoned with peppery epigram more
forcible than elegant, demanded apology, sugges-
ton OF duel in wintry Canada, or OF skirmsh
with revolvers in the streets OF NewYOrk-or II more
agreeable to the challenged person. decisive contest In
a referees private office peace-making friends. and
finally the statement made by OF the principals that
1t all Joke The other principal apparently fails to
see the point Of the joke. Everything connected with
the affair is TO be caught up with interest by tho
public owing 10 the prominence OF the persons involved
and the strangeness OF the occurrence whether IL s
garded only In the light Of practical joke, as Gen.
Barlow says he designed it, the light OF serious
and unfortunate controversy, Mr. Root appears 10
look upon it.
Francis c. Barlow OF the law firm of Barlow Il Oney,
at No 2O6 Broadway, AttorneyGenera Of the State
in 1872 and 1879 his term expiring Jan. l, 1874 As
the Bank Of North America and after he had retired
from Office engaged to conduct the suit before
Referee william Stanley Of No. 16 Wall-st. Mr. Stanley
associated In business with the Hon. Edwards
Perrepont, the present Minister to England. Mr. Bar
low has been spoken OF by persons having business with
him as at times yery-high tempered.
EIihu Root of the law finn of Compton, Root Bart
lett, No 43 Pnes the opposing counsel to Mr. Bar
low i'll the hearings before the referee. The suit dragged,
and in October last the referee requested the counsel to
finish their presentations Of the case by written
briefs. Mr.. Root prepared his brlef and sent a copy
to Gen. Barlow. About Dec. 20 there friendly
correspondence between the lawyers the ra and
the briefs, and Gen. Barlow finally sent Mr.. Root his
(Barow's) brief, accompanying 1t with a note and Mr..
Roots brief which, to the atters slight SURPRISE Gen.
Barlow returned, the usage among lawyers being to
tain briefs in this way. IL s said that Mr. Bariows
brief bore marks Of having passed through the letter
press and consequently must have been copied.
Mr. Root sooner got Mr.. Barlows brief than he
sought for vulnerable points and made elaborate
the margin opposite statements which he wished to
confute On Dec 27 Gen. Barlow sent to Mr.. Root for
the brief which Mr. Root supposed by usage at least TO
be his own and which, by the marginal notes, he had
peculiarly appropriated as his Return it he could
not without disclosing to his legal opponent the line OF
defense which no intended to follow. lie explained the
situation in "A note to Mr.. Barlow.
Gen. Barlow sent "a in reply. He demanded Of
Mr. Root the brief forthwith. II it not forthcoming,
he said he should it by repeyn. II the brief
was misplaced destroyed he said he should institute
criminal proceedings against Mr. Root. Mr.. Roots re-
sponsc short and sharp communication, in which
he advised Gen. Barlow thus: Don't make u d-d fool
OF yourself"
Gen. Barlow's answer to this long letter, the
anmus Of which apology or no quarter. The letter
contained draft Of an apology to Mr.. Barlow which
Mr.. Root TO sign and return Refusing this he was
face the alternative of accepting challenge TO fight
duel in Canada. II he refused this also Gen. Barlow
suggested that they might fire the first
occasion OF their meeting ON the street Gen. Barlow
advised Mr. Root to arm, he wonld need to protect
himself. II they should not meet on the street be-
TORE the referee or If Mr. Root preferred it to street
encounter, then he recommended in substance that
they have it in dead earnest in the referees office,
ana that Mr.. Stanley be advised so that he might be
conveniently absent There was it is sald no percept-
ble leyity between the lines of the vigorous English IN
which Gen. BarJw's - joke" was cOuched.
Mr. Root did not laugh & At IT, the o Ske , nor sign S an
lows letter contained threat OF assassination IN case
he tRooD did not submit to Gen. Baro%s dleiatlohs.
Mr. Roots friends were the next to become interested
m ta b t in earesT and rot knowing whether would wait
for the 9th Of January or take the first opportunity OF tho
street they saw the Dlstrict-Att0rney, with a view
10 getting out warrant Of arrest, and thus shielding
Mr. Root from assault The Dlstrct-Attorney con-
smlted with Judge Noah DAVIS, who sought interview
with GEN Barlow. Gen. Barlow .ained to Judge Da
Wis that all joke He then wrote long letter to
Mr. Roots friends which he emphasized his statement
TO Judge Davis The threatening letter he said was
written III a playful spirit IL would have been alb
surd to challenge man on so small
provocation, and it novel TO offer challenge ana
Then threaten the gentleman challenged with peril in
cas- he should accept Gen. Barlow urged that this
was additional evidence that he was merely joking Yes
terday Roots friends were expecting tlat Cen Bar
low would make some explanation TO MI Root
reporter OF THE TRIBUNE called upon Mr. Root yes
terday but he refused absolutely TO give Information OF
answer questions. =,
Gen Barlow, when inquiry made OF him, immedi-
aely remarked with argh that II was "ai absurd and
a Joke" though 1t was very evident from his manner
that the affair did not rest lightly on his mind lie smd
nc thought little matter between himself and Mr.
Root ought to be printed IN the newspapers, though
as far he himself was concerned lie ala
not object. Ii would be dIsagreeable, how
ever, leading To the annoyance OF explanations, &C.
Mr. Root and he had correspondence about submit
ting briefs a referee He had written Mr. Root play
fully hurry up his brief and subsequently wrote him
TO return his arow's brief that he might submit II 10
the referee When asked about the letter sent To r.
Root and which contained the ausOn ~ mortal combat,
Mr. Barlow laughed again and said he never challenged
Mr. Root to duel or anybody else IL was absurd IL
he were challenge anybody IL would not be such
palty thing attorneys brief, and, besides, hs
said Mr Root had a perfect right to keep the brief.