The New York herald., 1878-02-06
JUSTICE DUTlYS TRIAL.
Legal Review Of the Case
Of Mrs. Travers.
POLICE COURT LAWYERS.
A Mass OF Scattering Evidence
for the Prosecution.

fuil bench OF Judges OF the Court Of Common Pleas
was resumed yesterday morning ut ten O'Clock. The
testimony throughout tho whole day vas very
interesting consisting tor the most part OF cumu-
iatiye evidence IN support Of the testimony gwen
yesterday.
Mr. Sullivan having rested tho examination Mr..
Phelps commenced the cross-examnation OF Mr.
Abraham Brown, clerk Of Justice Duly. Tho subject
ON which he was examined was as to the acceptance
OF the services OF by Mrs Travers and OF her
privilege which Judge said optional with hers
to be sworn or not Browns testimony from The
appearance OF Mr. Phelps tace was far from satisiac
tory, and nidered evnsive by the District At
torpey. 0mes Mr Phelps lost patience and cried out
In loud voice. "Will you answer my question drcctyi
Don't generalixe so much" Mr.. Brown became
somewhat nervous and uneasy under Mr.. Phelps cross
fire Of questions Mr. Phelps asked him II he got up
beside Justice Duffy. when Counsellor Mott came in,
Tor purpose shielding and protecting tue Judge
from the dangerous proximity TO Mrs. Travers
(Laughterl The witness said "No,.no, not Tor that
purpose, surely" The Witness IN testying as 10 the
actions OF Mr.. Mott when he came to rescue Mrs
Travers, reerated to certain extent his direc. ex'
animation, aud again illustrated the manner In which
Mr.. Mott threw the papers from him, aud seemed ia
have plenty oil ammunition on hand, as the witness
constantly dsnded package otpapors IN his hands.
The examination seemed more like an argument be-
tween tho District Attorney and the Witness, the
former holding the floor, and, upon ono occasion,
the witness seemed 20 be getng the best OF 1t, Mr..
Phelps, In concatory tone OF voice, said "ls there
anything In tho physical formation Of your tongue
th at makes s impossible for you to stop takugs" A.
"No, SIR" Great iaughter). Mr. Sullivan remarked
that he thought tho witness was explaining the mat
ter properly. Alter getting the unfortunate Brown
hepiessly beiogged by his cross-questioning, Mr..
Phelps allowed him to depart
TESTIMONY Mr.. JEROME.
The next witness was Mr.. A. u. Jerome, Of No. 306
wost Eighteenth street, who testified that hc was
present the hearing OF the trial Of Mrs. Muhearn
against Mrs Travers tho latter having been arrested
Tor theit; be in Judge Duny's court room on o.
~ and heard Mrs. Travers give her testimony;
she admitted she had used some Of the money from
saloon biIi; shc said that q watch aud chain and
about 5000 remained balance OF tho estate Of her
dead bfo.ner; Mrs Mnihearn testified, whom before
JUICE Duffy, that she wanted tho matter disposed oil
the witness said ho mad heard Mr. Mott say tnat he
ten letter to tho cours Of special sessions speaking
about him (Mot) In an uncomplimentary manner and
that no tMo.. did not intend 70 support Judge Daays
moved from nis odics aud no would also give him
good hcKing
9Th Of October reference 10 the prosecution
OF Chrisl,an Roos, the Swedish banker, remembered
Justice Duffy treating the Iravers case. He said:-'I
remom Der his saying taat he would nothing the
matter TIL he'had consulted with the surrogate l
beard Judge Duty say 70 MIS- irayers that sho had
had very narrow escape from being sent to State
Prison for hve years- Tnere WAS some revolving con-
versstiea conoerning $780, but ! cannot rememoer
IT," Mr. Sscor SAID Inat he did not bear Judge Duffy
advise settlement OF the case, but would not swear
that such advioe had been gwen. Following Mr..
Sscor came Mr. X. p. Noah, another member OF the
Bar, VINO being swoin went over The old story.
rne Court then took recess ana Mr. Secor 70:
marked thai politics wore behind the whole case, aud
IL was Instituted 10 and out controlled the Fourth
Ward Tammany organization. whether u was Hogan
or Duffy.
Al two o'clock The court rscopvsned, and Mr.
George 1. Bauer was called the wItness stand aud
tcstined that ne heard Judge Duny say he would
have nothing whatever TO do with q settlement
John ~ Snea, dry goods clerk, OF No. 80 Second
Travers n tho surrogatss Court; he knew the prov-
sions OF Mr.. O'Nes will, and when he found Mrs.
Trsvers only sent one payment Si 20 70 nor sister hs
sad that Mr. O'Neii had duriEg his ife been accus-
toned TO send money to mis- sister IN Ireland and that
she had got enough money that way without Receiving
from the after he dead witness altar
ward found that she mad drawn all her money out Of
to be released from hIs surety. He Ioid
Mr.. McKcnna that something ought to
er,y or ON the 2ssn Of October witness was u he
ronbs; hoard Mrs Travcrs testimony; she said that
Mr. crosty owed her $40, which the latter denied;
DUTY asked him II no had boen retainedf ~ rather
think have" said he; tpe Judge then askcd MRS.
TrAvers II she wished TO retain nm. and she said
no; that wanted settle Il; Mr. Mott nnted that
there must have been some one talking with his
client; Judge Duffy replied that he did not tnink
nnd who u was, he would punish him; tnen
Mr. Mott angry, threw down the papers 10 toe
case and SAID "lf this isn's shystering dont
know what is," as already related; witness ad-
viscd MrG Travers 10 settle the matter wt her
sister; Judge Duly said 10 MIA Iravers that she was
very lucky get out OF the case, because was ono
OF ombczziement the penalty for which was i've
alter The compla nt had been Withdrawn by Mrs. Null
hcarn ana the whole thug arranged between the Two
SISTERS Judge Duy did no. suggest or tako any part
IN the settlement; Mra Mulhearn got up court. OF
her accord, and declared that did not want ~
prosecute her sister. "Was 1t before or alter Judge
-Duny toa her tho law that sue wished 10 settief
asked Mr. Phelps. said he witncss:-'lt was be-
lore; haven't told you twice alrcadyf" (Iaughter)
''Just please remember tnat am very stupid aud
.du,n SAID Mr. phelps, 'and you urs very quick and
brignt beg you excuse me- ior asking the ques-
lions over ,s tas ss ma,tsr isr for mrs .n
watch aud $780, her agreement Was 70 seo II Tor the
watch anu $500
Michael j. McKenna, clorx oI the Probate Court,
corroborated Dir. Shea's testimony 10 regard 10 the
snea tnaI he could not be relieved from his surety
with regard to what had already taken place, but
could be WIN regard TO Mrs rravsrs future acts he
turnable October 20 Mr. Donnclly informed witness
that he thought Mrs. Travers was about to leave tho
CITY with what lott OF her sstcr's property and
thcy discussed tho question OF how 10 stop her. 1t
was then they thought OF the law OF 1871.
which made the appropriation OF an estate by
inc executor an act Of embezzement punishabIe
in the polco courtg; they went 10 Juags Duly, aud
afer urging him great deal, showing MIN the law.
he with much hesitation, consented TO issue tue
rant tor MIRA rravers arrest; witness examined mrs.
Travers after the and she admitted Sop.
tenber she had had $500; all the expenses she could
account for did not amount TO over $23; was pres
ont when Mr. Mott attempted TO appear for Mrs.
lravsrs; wiIness SAID that Mr.. Meips conduct on
that grossly insultieg exasperating
ana that Judge Duay showea he nad spark Of nrc
10 him by rcsentng 1t; witness th0ught the mags-
trate right IN ordering the lawyer 10 sit uown.
Mr. William j. DonueiIy, OF the Emgrant savings'
Bauk. testified that tno deceased, Mr.. UNeI, whose
properly had been misappropriated by Mrs. Travers,
had s. Ia In their bank; he was at the Tombs and
heard Mr- Auihcsrn say sne would IKE 70 settle the
case.
Jamcs Murphy, Of No 1l3 East Twelfth street, was
called and took the stand, but a. hts evidence
merely cumulative, he was allowed 70 depart
without testttying
Peter Gillespie next testified to the scene in tho
courtroom, which had already been repeated SO many
times