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.

full bench OF Judges OF the Court Of Common Pleas,
resumed yesterday morning at ten O'Clock The
testimony throughout the whole day vas very
interesting, consisting Tor the most part OF cumu-
iative evidence IN support Of the testimony gwen
yesterday.
Mr.. Sullivan having rested tho examination Mr..
Phelps commenced the cross-examination OF Mr.
Abraham Brown, clerk OF Justice Duly. Tho subject
on which he was examined was as TO the acceptance
OF the services OF counsel by Mrs Travers and Of her
privilege which the Judge said was optional with hcrs
to be sworn or not Browns testimony, from tht
appearance Of Mr. Phsps' tace far from satisiao
tory and nsidered evnsve by the District A.
toruey Oflmes Mr. Phelps lost patience and cried out
In loud voice, 'swll you answer my question drectyi
Don't generaize so much" Mr. Brown became
somewhat nervous and uneasy under Mr. Phelps cross
nre of questiona Mr.. Phelps asked him II be got up
beside Justice Duffy, when Counsellor Mott came in,
Tor The purpose OF shielding and protecting tue Judge
from the dangerous proximity 10 Mrs. Travers
(Laughterl The witness said 'No,.no, not for that
purpose suroy." The witness, IN testying as 10 the
actions OF Mr.. Mott when he came TO rescue Mra
Travers, reiterated, to certain extent hts drec. ex'
aud again illustrated the manner In which
Mr.. Mott threw the papers from HIM, and seemed ia
have plenty oil ammunition on hard, AS the witness
constantly dsndled package otpapcrs IN his hands.
The examination seemed more like argument bo-
tween tho District Attorney and the Witness, the
former holding the floor, and upon one OCCASION AZ
the witness seemed 10 be gettng the best Oft, Mr..
Phelps In a conciliatory tone Of voice. said "ls there
anything In tho physical formation Of your tongue
th at makes It impossible for you to stop taking" A.
s.No, SIR" Great iaughtef). Mr. Sullivan remarked
that he thought tho witness was explaining tho mat
ter properly. Alter getting tho unfortunate Brown
heiplessly belogged by his cross-questioning, Mr..
Phelps allowed him to depart
TESTIMONY or MR.. JEROME.
The next witness was Mr. A. u. Jerome, Of No. 306
Wost Eighteenth street, who testified that hc was
present at the hearing OF the trial Of Mrs. Muhearn
against MrA Travers. tho latter having been arrested
Tor thelt; be was Judge Dufys court room on o.
tober II and heard Mrs Travers give her testimony;
she admitted she had used some Of the money from
her brothers. estate Tor paying debtS, incudinE
saloon blll; sho said that . watch aud chain and
dead Ofo,ner; Mrs. Mnahearn testified, whcn before
JUICE Duffy. that she wanted tho matter disposed oi
The witness said ho had heard Mr.. Mott say tnat he
insulted by Judge Duy; that the Judge nadwr
letter to the Courl 0i special Sessions speaking
HIN IN an - aUs
oonuuct longer, would do his bcst 10 have him re-
moved from MS Office aud no would also give him .
MI W. ii. secor, a lawyer, who was at the Tombs
on the 9Th Of October reference 70 he prosecution
OF Christian Rpos, Inc Swedish banker, remembered
Justice Duiy treating the Travsrs He said:--'I
remember his taat he would do nothing IN the
matter TIL he'had consulted with the SURROGATE !
heard Judge Duffy 70 Mrs lravers that sho had
had q very marrow escape from being sent to State
Prison for hvs years. Tnere WAS some revolving con-
versstion CONCERNING S200, but cannot remember
IT," Mr.. Secor sa,a he did not hear Judge Duffy
advise q settlement OF the case, but would not swear
that advice had nos been gwen. Following Mr..
Sscor came Mr.. II. p. Noah, another member OF the
Bar, who being sworn went over The old story.
marked that politics were behind the whole case aud
IL Instituted 10 Ind out VINO controlled the Fourth
Ward Tammany organization, whether II was Hogan
or Dufy
Al two o'clock The court recopvsned and Mr.
testified that he heard Judge Dury say he would
have nothing whatever 70 do with settlement
John N. snoa, dry goods clerk, OF No. 90 Second
avenue, tesifed that he had become surety Tor Mrs
Travcrs tho Surrogatss Court he knew the provi-
sions OF Mir. O'Nei's viii, and when he iound Mrs.
Travers only Que payment Of f5 10 nor sister he
asked why she did not give hor tho full share sbc
SAID that Mr. O'Neii had duriEg his lie been accus-
she had got enough money that way without receiving
from the estate after he was dead witness atsr
ward found that she had drawn all her money out OF
the bsnE. and he made application to the Surrogate
Mr.. McKenna that something ought to
erty; on the 29.h OF October witness was Ut the
Tonbs; heard Mrs. Travers testimony; she said that
M e'0 nsr the
Duty asked him II no bad boen retainedS 81 rather
think have" SAID he; the Judge then askcd hrs:
no. she wanted 10 settle IL Mr. Mott ninted that
there must have been some ono talking with h,s
client; Judge Duffy replied that he did not tnink
SO, bu. tnat II any ono had bocn, and no could
nud who m was, he would punish him; tnen
Mr. Mott, ausrily. threw down the papers 10 tbe
know what is," as already related; witpcss adj
viscd MrG Travers 10 settle the matter wltt her
sister Judge Duly said 10 ra iravers that she was
very lucky get out of the case, because was ono
OF ombezzlcmcnt the penalty Tor which was i've
years In the Penitcntlary; this was said however,
oft "a cOiuD Dlai d Ill.
hcarn the whole tblug arranged between the two
sisers Judge Duy did not suggest or takc any part
IN the settlements MrA hulhearn got up IN court. OF
her accord and declared that sne did not want W
prosecute her sister. "Was 1t before or alter Judge
Duly toia her tho law that sue wished 10 settler"
asked Mr. Phelps. Said The witnoss :-"lt was be-
lore; haven't told you twice areadyf' (Laughterl.
'Just please remember tnat ! au very stupid aud
brgn 80 beg you 60 excuse me ior asking the ques-
lions over" (.aushlerj Witness sad thai Mrs.
Mulhearn not willing to settle The matter for tho
aud $780, her agreemen was TO setlo It for the
watch anu $200
PRocshD,sas AT THE suRRoeArEs oYrcE.
Michael j. icKenna, clerk ol the Probate Court,
oorroborated Dir. Shea's testimony 10 regard 70 the
proceedings at tho surrosa.e's oilce. lie informed
Snea tnat he could not be relieved from his surety
with regard to what had already taken place, but
could be with regard Mrs Travers' future acts He
turnsble October 20 Mr. DonnelI, informed witness
that he thought Mrs. Travers was about TO leave tho
city with what was lci Of her sisters property, aud
was then they thought Of the law Of 1877.
which made tho Appropriation OF an estate by
the executor an not of embezzlement pnnishabIe
In The police courss; they went 10 Juags Dufy, aud,
after urging HIM great deal, showing Nun the law,
he, with much hesitation, consented to issue the
rant tor MIRA rravers arrest; witness examined mrs.
Travers after the arrest and she admitted that Sop.
tember she had had $500; all the expenses she could
account for did not amount TO $23; pres.
ont when Mr. Mott attempted TO appear for Mrs.
1ravsrs; wiIness SAID tnal Mr.. Moit's conduct on
that occason grossly insuitieg ana exasperaing
ana thai Judge Duny showsd he nad a spark OF arc
10 hun by rcsentne II; Witness thought the magis-
trato was right IN ordering the lawyer 10 sit down.
MI William J. Donueiy, OF the Emgrant Savings'
Bauk. testified that tne deceased, Mr.. ONeIl whose
properly had been msappropriated by Mrs. Travers.
mad 81, II In their bank; he was at the Tombs and
heard Ars huihearn say sbe would IKE 70 settle tue
James Murphy, Of No. 113 East Twelfth street, was
next called aud took the stand, but 40 hts evidence
was merely cumulative. he Vas allowed 10 depart
without testiiying
Peter Gillespie next testified TO the scene in tho
courtroom, which had already been repeated SO mauy
times
Then. at four O'clock the Court adjourned until ten