The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-23
JUSTICE DUFFY'S TRIAL.

COMMENCEMENT OF THE IMPEACHMENT PRO-
UNTIL NEXT MONTH.
An unusually large number OF spectators assembled
In the General ierm room OF the Court OF Common
Pleas yesterday attracted by the announcement that
the trial OF Police Justice Duffy, charges preferred
against him ny Mr.. John o. Mott, would be COM
menced. Precisely twelve O'Clock the judges
| forming the court OF impeachment TOOK their seats
the bench The court Is composed OF Chief Justice
Daily, Judges Robinson larremore Van Brunt, Joseph
i. Daily and Van Hocsen, forming the full Common
| Pleas bench. District Attorney Phelps present
for tho prosecution Messrs AlgerIon 5. Sullivan and
| Wheeler II. Peckham appearing for the accused
JUSTICE ARRAIGSED
Tho silence, which prevailed Tor short time alter
Court had been formally opened by the crier, was
broken by Chief Justice Daily who dan official
communication having boen made 10 the Court by
Chief Justice DAVIS oil the supreme Court under the
provisions OF the law OF 1879 containing statement
accompanied by evidence which contained statement
that, IN the opinion oil Chief Justice DAVIS prima
face case OF misconduct the part OF Police Justice
Duffy existed, the Court, IN compliance with tho pro-
VISIONS vi the law OF 1885, adopted tho present rues
ior the course procedure hereafter in such
ana under which rule tho papers and evidence anu
transmitted 10 The District Attorney, with
instructions 10 make Tue charges 10 conformity WIN
tho evidence them 70 the Court, direct
Duny Tne CLERK win now call Justice Duffy "
The clerk accordingly called 'Palrick q. Duay, aud
that gentleman responded "Hcrc"
The Chiei uslice tnen said"Thc District Attorney
win now lay before tho Court the Charges he mas to
make"
mr. Phelps replied that, In accordance with tho
strucons the Court, The charges were filled with the
clerk December II, and he would await tho direc-
lions OF Court rs TO whether or not they should be
read.
THE CHARGES
Mr.. Sullivan having admitted the service OF the
Nl NM
intimalon from the chief Justice, the various
charges against the accused, which nave been already
That October 26 1877, the respondent issued a
tor The arrest vi one Mary Travers Tor en-
bezzling the estate of Jonn j. ONe, deccased OF
winch she mad been duly appointed adminstra-
trix, the being made without any
complaint disclosing that an offence had been CON-
mitted; that morning she was brought 10 Court,
and justice directed her 10 be sworn and examined
her without being requested TO DO 30 or giving nor
time TO send Tor counsel or informing her that she
might refuse TO answer, or reducing her answers to
writing; tnat his duty to have discharged her
absence OF probable cause, or admit her 10 Uai
but he remand ed ner to prison, and she was ais
charged from custody until Inc 3Oth; that on the 27th
he sent Tor her asked her where the gold watch
anu cham were, told him that sne mad gwen
them to Officer Tingley 10 be repaired; that he
directed the watch to be returned aud asked her
much she would settle with her sister, Sarah Null
hearn, Tor; she sand she had Sloo IN a Savings
bank (Which was Tor headstone Tor O'NeiD,
could borrow $780, and under threats Of imprls-
Onmenl he ordered her to give that money anu watch
To sad Sarah. On the same DAY her counsel John
".
was no offence shown, but the respondent said he
would hoid unless she settled with her sister.
A further complaint sets forth that on October %
she wanted TO Mr.. Kin,zng, but Justice Duffy
SAID she did not want lawyer then, and wanted 10
know whether II was any IN The prison VINO had
suggested OF lawyer 10 her, adding that
II he could find out VINO The party was ne would see
that they would not do SO again. The complaint also
recites how on the next day, under threat OIL boing
held u prisoner, she went with an officer
borrowed 500 and drew 500 out OF
was directed 10 70 out OF Court and turn over The
money and watch 10 her sister aud take receipt for
them, she being Still under arrest, and she aid 50 and
discharged from custody. Tho charges therefore
arbitrary, oppressive and illegal, and wul
gross violation Of his duty police mHgis
Alter the reading of the charges, which occupied
about three quarters OF an hour, Chic Justice DAILY
stated that The next proceeding would be the answer
Vi Justice Duly.
RESPONDENTS ANSWER.
Mr.. Sullivan addressed the Court. saying that, in
behalf OF the respondent, would read aud file In
open Court his plea OF mot guilty" The Of
Justice Duly then rsad IL very brief docu-
ment, confined almost exclusively TO asimDle DENIAL
that they were ready to proceed at once with the in
veslIgati0n.
Chief Justice DAILY remarked that as all Of the
Judges associated with him IN the case had pressing
judicial business to transact In their respective
IL would be necessary to Tx some time the future
when they could all give the present trial their attcn
Phelps to the probable number OF witnesses he in
tended TO CALI to which that official replied that the
number would be about seventeen Upon the same
question being put to ME- sullivan he said the re-
spondent would examn about twenty witnesses, and
that would include many 81 the spectators and
auditors who and heard the case OF the woman
Mary Travers, when before Justice Duffy.
Alter short consultation among the judges tho
Chief Justice announced adjournm ent OF the trial
until the first Monday in February, at ten O'Clock A.
NJ, 10 be continued throughout that day and from