The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-05
JUSTICE DUFFY.
His Trial Before the Court OF
impeachment.
TESTIMONY AGAINST HIM
Opening of the Defence by Coun-
sci and Witnesses.

The trial OF Police Justice Patrick Duffy was begun
yesterday morning In the Court Common Pleas be-
fore the full Bench OF Judges constituting Court Of
Impeachment Chief Justice Daily presided, and al
though Judge Van Brunt absent proceedings were
begun without him. The charges orig mated IN the
alleged arbitrary illegal and extra judicial action OF
Justice Duffy In relation the prison pros
ocution OF Mary rraves. Mr. Phelps represented the
people and Mcssrs. Wheeler II. Peckham and Aiger-
non S. Sullivan appeared for Justice Duffy
william d. Rockwell, clerk OF the First District
Police Court, called Tor tho prosecution. He tes,
tined that there nothing different IN the conduct
OF the Justice the occasion question from the
binary conduct OF proceedings 10 the Court a.
be was able TO judge.
Henry J. Woodruff, sergeant OF police OF tho First
district detailed mo unimporant part he took In tho
matter which Was merely obeying the orders In the
regular routine Of business
Mrs Mary Travers, the principal wituess was ucxt
called aud told her story IN the following ianguage:-
l live at No. 2l0 West Twenty-sixlh street and have
done so since October officer camo to the house
In citizens clothes on the evening of October rs;
was the ADMINISTRATIVE OF my brothers. estateQetters
Of administration were here readthe officer came
accompanied by another between six and seven
oc ock and took me by seventh avenue car 10 q
station house; thoy asked me no questions before
resting me, so far rs | remember; remained in tho
station house until morning and was then reinandcd
TO the Tombs, where stood outside for time aud
aterward admitted to the sergcant's room; was
taken before Justice Duly In the afternoon, and
he asked me what was going to do about
my brothers. money! l told him that was with
out counsel, and asked him II should need one; he
said no, and swore me, and kissed the book he told
mo that could answer the questions as pleased he
then asked me about the gold watch and chain Of my
brother; | told him that had sent 1t by officer
Qugley, OF the Nineteenth precinct, to jeweer on
Third avenue, to have II repaired after tho exam
ton that day was locked up IN the Tombs; | was
brought out aierwara and went before Justice Duny
agau; again asked Justice Duly II didn't want
counsel; he answered ''Non; told him that lawyer
mud been N the prison to see mo; he said "Never
mind. you will not want one;" was then locked
up IN the Iombs over Sunday, and on Monday morn
Ing was again sent before Justice Duty; he asked mo
II was willing to settle with my sister; answered
"Yes'' told him that lawyer, Mr.. Mott had visited
me; Mr. Mott was present when SAID SO; Justice
Duify again irsIsted that should not want counsel
AS he SAID this could be settled with my sister
without counsel; l was then locked up and IN
the afternoon brought before the Justice again:
no SAID that be had good mind TO scnd me
up for ic Mr. Mott appeared for then, but Justice
Duny said that did not need counsel; told him /
bad 500 in tho SAVINGS bank, ana he sent the officer
who arrested mo and myself to the bank ana I drew
the court room some one said that amoant wouldn't
do, and suggested that get another 800; borrowed
500 from Mr.. Beatty, on Third avenue; next saw
Justice Dung on the steps oil the Tombs evening"
he SAID that no mad good mind To send mo to tho
Pentent'aryj was locked up again and In the morn
Ing brought before Justice Duffy; asked officer
II ne hsu tho money, watch ana cnain; the officer
served credit Tor preserving them aud asked him II
there wasnt car fare or some expenses TO out of
an office close by the Tombs, and settled with my
sister; Mr.. Mckenna, oil the Surrogate's office,
there be gave my sister tho money 1880 and f5);
A recess horo taken until two O'Clock
THE AFTERNOON SESSION t',t'
Mrs. Travers recalled III I'd iutely after the
recess and again examined by Dolh sides, but she
added no now evidence TO her testimony as already
gwen.
Onlccr James Quigiey, Of tho Nineteenth precinct
testified 70 having bad the watch chain IN his
possess0n and to having gwen up To Mrs Travers
the Tonbs In the presence OF Police Justice Duly and
ut his instancc then tho magistrate ADVISED her 10
leave tho watch with officer OF the Tomos as she
might lose 1t in the prison. this request complied
with.
Miss Lizze Travers was next called and corrobo.
rated IN part her mothers story. She said throo
officers 10 arrest her mother when tho was
out; they went out to get drink and returned later
and arrested her mother; this was between seven
and eight O'CLOCK; witness also testified TO tho
JUSTICES having used 'settIe with regard to
her mothers Affairs. CatharIn0 Fay also called
10 the stand. but her evidence was unimportant
Franklin Smith, physician, testified that he was
came up; lawyer stepped up and SAID no wanted to
Plead stop" said Justice Duffy; II appear Mrs.
said Justice Duny to the woman ..or do you want 10
settle the cascy" she answered finally. II would not
ike TO settle M she was browbeaten the lawyer
went on 10 say. III already been Justice
Duffy replied, "She did not want you; she wants TO
settle H. do you hcarS ST down. sit down. witness
the case vas TO come on that day he did not
to be too ultimate with Mrs. Trsvers, because she
would lose too much time that she ought
his children, but she was intimate aud on; some
times he would forbid her going to Mrs Travers, and
II would 90 on all right FOR week OF So and then
Mrs. Travers would come To hts WHO aud it would
all be uudonc again.
Robert Petty, the next witness, testified 10 having
loaned Mrs Travcrs 500, and produced q certified
check IN proof
TIM DEPkNcE
As there was some delay In calling the witnesses Mr..
Agernon s. sullivan arose and said that 10 thought
1t would bc SAVING OF time II he should then pre-
sont before tue judges the argument the defence
he spoke oil the appearances OF Mrs. Muihcarn, tho
same IN any other complainant, IN crowded court
room where decisions nave to DO mado IN haste. Sho
was accompanied by clerk from the Surrogate's
Court where she had stated That tho money her
brothers. estate was being taken from her by
sister There the laws bad been examined and il was
found that sucn an offence by tho act OF 1877
was constituted malcasancc In the way
as embezzlernent and should DO tried by tho
police courts. so whom Mira. Mulhearn came
10 the TomDs and complained against her sister, tho
Justice asked. "Havc the power try thus case 20
The law was shown aud thoroupon he issued a war
rant Tor Mrs Traycrs' arrest The complaint con-
tanned allegations that showed there more than
reasonable ground OF suspicion that crime had been
committed aud Justice Duly was Justified IN Issuing
the warrant. Tho reason why her trial had been pus
oil IRON Saturday to Monday was because she W shed
TO produce viii In hor behalf aud they could not
DO found on Saturday. Instead OF there having been
oppressive acton tho error. IT thore All error
arose from Justice Duffy = desire that should
not nave upon hor the burden OF having been tho
cause oil her sister beng sent TO the Pententiary.
Justice Duny made no suggestion OF settlement He
mercy suspended proceedings, awaiting The issue OF
settlement Of proceedings already Instituted IN tho
surrogalc's Court Mr. SULLIVAN concluded hrs speech
by cucgy oil tho ideal police justice, and showed
what extraordinary abilities they should possess.
As Mr. sullivan sat down Mr.. George W. MacAdan,
lawyer, entered the room and was at once called.
lie testified that Police Justice Duffy had sent
officer with Mrs. Trnvers TO get her bankbook from
her house and told her that u she did not give tho
book To tho officer. he would send her to STATIC Pri-
son and that 10 person on earth could get her GU.
(sensaton) Witness admitted that he had had n
DECIDED against him by Justice Duffy and had APP
pcalcd, bat no was not Influenced by any anifnus