New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-02-07
THE COURTS.
JUSTICE DUFFY ACQUITTED.
In3 ACTION C0.:MgNDED ~ INF COURT.

HI5 ACrOx Co..MENDED ~ THE COURT
The impeachment trial Of Police Justice
Patrick G.. Duffy wa1 concluded yesterday with his
aoquittal. Tn evd, -, submitted without argu-
ment The first charge, follows then read TO the
udges:
That the said Patrick c. Duffy has, since Lis appoint
nent 10 the Office of Police Justice which ne nov holds
been guilty OF arbitrary oppressive and Illegal conduct
In the exercise Of the duties thereof"
Upon this Chief Justice DAILY aud Judges Van Ioesen
Larrcmore, J. +. DAILY and Robinson, all voted, not
guilty. The second charge WAS:
That the said Patrick @. Duffy oo''ce Justice. has
The CITY Of Ncw-York, which ofiCe tA no. lods, been
guilty OF wlliu ana gross violation ot is duty as mag
strate in ILLEGALLY. oppressivey and jltrary exerc
ing his power as such Police Justice to compel by means
ment and pigment OF claims which could only be law
fully enforced II at all, by civil action"
Tie same finding of not guilty was made by all the
judges upon this charge Chief Justice DAILY his
for the conclusion he reached and the 0ther
judges expressed their concurrence III his opinion:
The evidence presented III the trial establishes In my
mind beyond a DOUBT" he said, that there was no
foundation either the first the second charge In
regard TO the five specifications OF tic first charge, my
conclusions are First that Justice Duffy did not issue
the warrant for arrest OF Mrs. Mary Trayers with
out a complaint having been made before him. Second,
that he did not compel her to he sworn and ala moi ex
anime her without being requested 10 but on The
contrary, he informed her that she not obliged to he
sworn. and she afterward sworn nj her own re-
quest aud he did To allow her o. obtain
counsel but proce ded in the action At her request The
third specification does not correctly state what took
place the OF Mrs Travers. The fourth and Hth
specifications correctly state the facts. Tue Jus
did compel Mrs. Travers TO hand over her "atoh
and chain 10 the officer but she did II voluntarily ana
Justice did not declare that ne would hold Mrs
Iravers for trial unless she settled with her sister
'The specifications under the second charge not
sustained by facts The Justice did not institute the
proceedings himself but they sent him from the
SurTogate's office There doubt In my mind that
this under The statute where warrant might
LEGALLY issue Mrs TFaVcrs had Incorporated funds
as administrative and she liable to the penalties
posed by the far from the action of The JUS
tice being arbitrary ana oppressive ia my Judgment he
acted vita Justice and moderation. We arr OF
the opinion, moreover that IL not Illegal or I'M
proper for the justice 20 encourage tie restoration OF
property without rcsOrtDg the extremity OF the law
judge DAILY expressed Ia Distct-AttOucy Phelps the
recognition of the Court Of the fhuness with which
he rad discharged his dyes assigned ain by them, ANA
TO the counsel for the def nee the recognition o. ttr
fOrbearnce aud 20 r sincere desire 10 ar
at the actual truth.
Mr. sullivan sad that Justice Duffy desired him 10 eX
press 10 the Court his profound appreciation OF their de
cisiUn aud the mauu't IN which had beer presented
He desired also nake ~. most solemn asseveraion
that all the Of HI IN regard To winch
lac had been brought 80 ~. .r WAS LOT aware OF any
thing ny him ciutrar good conscience or TO the
oath Wliiol lac took Il sistratc.