The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-01-05

An interview with Judge DAVIS in re-
gard 10 Gen. BARLOw's challenge to Mr..
Roof was printed in the World OF yester-
day. The Judge admitted that the matter
had been brought before him officially,
and that he went to Gen. BARLow's office,
taking with him copy OF the letter the
General had sent TO Mr.. Roof, whereupon
it's author was" dumbfounded." In talk
ing with the reporter. Judge DAVIS saw ut
to make some base but characteristic in
situations which suggest whether he had
not better explain and defend his own ac-
ton in this matter, rather than attack that
of Others.
Perhaps he will reconcile the actual con-
duct of MIR. NOAH DAVIS, the personal
friend OF FRANCIS G. BARLOW, with the
duties of Judge NOAH DAVIS, u Justice of
the Supreme Court of the State Of New
York. Is ii customary or right for mag
istrate TO warn an offender of his ap-
preaching arrest Could anything but a
conviction that such course was in fact
the only one which would prevent tho
commission OF crime, justify him in doing
sof And does the highest judicial officer
in the city of New York keep the business
of mis- court at n standstll for considera-
BILE portion of the legal day, just because
he thinks friend has INDUCED in what il
pleases him 10 call joke? 1t is impossible
to doubt that Judge DAVIS thought the
letter most serious. If he says otherwise,
he convicts himself Of conduct wholly I'M
becoming in u Judge.
No wonder Mr.. BARLOW was dumb
at ha Of
DAVIS in his Office. People are sometimes
affected precisely in that way, when the
probable consequences of their rash acts
are suddenly and foIclbly brought before
them. OF course, we do not know what
the unwecome visitor said but he might
have said much that was unpleasant
"If BARLOW had been in earnest" said
Judge DAVIS to the reporter, "he would
have been arrested and required to
give bail to keep the peace" Pos
sibly, however, he suggested something
more to Gen. BARLOW himself. lie could
have said that this matter had been
taken up by the authorities, regardless
of Mr.. RooT's wishes, and that they would
soon have no option rs TO whether they
should proceed with il or not. lie might
have added that sending n challenge TO
fight was felc"t punishable by imprs-
onment in the state prison for seven years.
1t would also have been quite pertinent to
remark that the statute renders any one
convicted of fighting a duel incapable OF
holding any Office under the Constitution
and laws Of this State; and TO conclude
with reference to the danger of being
disharred, upon indictment or conviction
of either of these offences. So far ms they
were dsagreeable, these statements would
be characteristic OF Judge DAVIS; they
would also be true.
AT all events, the correspondence be-
tween Mr. Roof aud Gen. BARLOW VIII
mark an important epoch in the annals Of
our Jurisprudence, ana the future his
torian can say; AT tins date was nitro
dnced by NOAH DAVIS the practice OF de-
scendinG from the judicial bench to warn
offenders of their coming arrest"
Miss MARION SHEPARD, ono OF the pas
sengers rescued at Ashtabula, gives graphic sc-
count OF the catastrophe. She says the women
displayed more courage than the men. This
often happens In times Of great trial Of this sort