The New York herald., 1878-02-07
JUSTICE DUFFY ACQUITTED.
THE COURT OF IMPEACHMENT UNANIMOUSLY
VOTE ''Nor GUILTY" AND HoNoRABLY DIS

THE COURT OF IMPEACHMENT UNANIMOUSLY
VOTE ''Nor GUILTY" AND HoNoRABLY DIS
CHARGE THE MAGISTRATES.
Tho impeachment trial of Police Justice Patrick q.
Duffy terminated yesterday morning in his honorable
acquitiai The trial held before the full bench OF
judges OF the Court OF Common Pleas. constituting
Court OF Impeachment Cniof Justice Charles =.
DAILY presided, assisted by Judges Robinson, Law
renee, Van Hoesen and J. Y. Daily. Judge Van Brunt
was absent. Tho court crowded IN Wow OF
tho expected speedy closing of the case.
TESTIMONY.
James p. Wilson and Lewis Roach testified that they
were present during the examination OF Mrs. Travers
by Justice Duly at the Tombs Polco Court, and that
the magistrate did not attempt make ner settle the
case. The idea Of settlement suggested TO Mrs.
Travers by her friends.
Mr. Stone, OF NO l45 Chatham street, deposed that
he was IN tho examination OF uslice Duffy when
the case OF Mrs. Travers was heard; his atentio1was
not distracted by any other subject; he did not near
the Justice say that he would lock up did
sele Mr. Roach mistaken II he stated Justice
Duly had said that he would lock Mrs. Travers up;
he could not say exactly who was IN the examination
room; he did not remember # Mr. Gallagher. oil the
Surrogate's occ, was there ho had special inter-
est ~ the case he was waiting for ITS Adjournment IN
WOW OF another winch follow IN which he
was Interested.
MIR. ). Satter ofNo 266 Spring street, was the next
witness He doposed that no was present dugng the
examination OF Mary rravers but did not hear
Duiy say that 1t did settle he would have
locked up IN state Prison. II such remark hud bocn
made ho would undoubtedly have heard H.
The next witness was \. Mussett, u court officer
connected with the Iombs. He deposed tnnt he was,
IN the examination room when Mrs. Travcrs was ex
amncd; he WAS not there all the time; he did not
member Justice Duffy 10 threatened TO inprison
Mrs. rravcrs AS charged; he was only present at tho
examination on Monday.
JusncE purrY ON THE STAND.
Justice Patrick d. Duirs was then placed on the wit
ness stand IN his own defense Much to tho surprise
ol every one present, his examination lasted but
lew moments, and District Attorney phelps maue no
crosa-examination. In answer 10 questions put ny
MS counsel, Mr. Alsernon s. sullivan, Justice Duny
stated that he was Old resilient OF tnis city, and
had boon tor many years connected with tue Pubic
SCHOOL Department before he elected poIcc JUS
ticc; ho remembered the case Of Mrs. Truvcrs per-
fectly well ho then detailed the story OF
Mrs. rravers' examination before him, and showed
that the complanants IN tue case had been
HIM from the Surr0gnte's office, that he might deal
with the under The act of 1877.
This closed the direct examination, and Mr. Sulli
van turned tho witness over 10 Mr. Phelps Tor cross
examination. Mr.. Phelps, however, said he had
questions 70 ask, am the Justice stepped down.
Mr.. McKonny, OF the Surrogate's Office, then
recalled and deposcd that ho did not hear auy threat
IL. Galosky confirmed the preceding testimony, anu
both sidcs rested ncir case without argument sum
ming up.
THE JuDGEs' DECISION.
Chief Justice DAILY said The presiding judges had
held no consultation with each other in regard to
case Ho thought that perhaps this wound not be
necessary, aud proposed that vote should be taken
10 see whether they could agroo upon verdict with
Gu. IT, voaa rns asa ms assen.sd TO- and ns
IN tho Observation-Disclosures Justice Duffy gully OF
Illegal action, also neither he was guly OF arbitrary
anu oppressive conduct The Clerk VI tho Court then
called the ron OF judges on each count. AS each
juuge's name was called no answered "Not guilty."
There was some applause at tho result, which was
quickly suppressed
CHEZ JUSTICE DALY's REMARKS
Chief Justice DAILY then said that tho evidence had
ontireIy tailed To prove the alleged charges. Ho fully
agreed In the verdict OF hs Associates had arrived
ut tho conclusion that tnerc wos no foundation what
ever for the charges II had been shown that the
had been sent 10 Justice Ddny from the Surro.
gates Court. IL was also known that Mrs Travers
had spent tho money placed her hands az admins
tratrx Of her broucrs estate SO lar from the ustcc
being guilty OF Illegal arbitrary conduct he acted
with caution and moderation and singular good taste.
He had been guilty OF no disregard Of duty and
law had been uly complied WITH There had been
ovidence to show favor TO either side and the defend
aut must be houorably acquitted In conclusion tho
Chief Justice thanked the counsel for having re-
framed IRON prohx arguments and Tor tho air spirit
IN which tho case mad been conducted.
JUSTICE DUPFY's THANKS. 4
Mr. Sullivan then rose and sad:-"May II please
Your Honors, at tho wish OF Justice Duly, desrc-
anu, trust within the limits oi good tasto aud pro-
prlety-to express his profound appreciation Tor the
manner IN which 1t has pleased the Court 70 hcar this
investigation, and at the conclusion which they
have Unanimously arrived. And II is his desire
through my lips, as perhaps being moro becoming
than from his own, 10 thus publicly declare that III
his nscicncc extcnding OF course, more thoroughly
into the motives anI actions III the case against Mary
Travers than 1t was possible tor Witnesses TO testify
to, he Is con:cICus o anything in which, either
ny inteution act, ne violated justice du,y In
any thing not IN accprdance with Tho oath OF tho
Judge render equal and exact justice between par
ties without prejudice or vor or regard TO persons
CONGRATULATIONS
The Court then adJ0urhcu, and Justice Duly was
Immediately surrounded by dozens OF hIs friends aud
acquaintances, shaking hands with and
him the happy termination OF tho trial. Justice
Duffy took tho mator vory coQlly the verdict had
apparently Uocn expected TO DO ono OF acqutta. IL
beon charged that Justice Duffy acted with
any ev ntcnt IN the rravers case, ana the District
stated "A tho beginning OF tho trial.
the lawyers were leaving The court room Mr.. Phoips
face tiousy remarked to Mr. Wheeler II. PecKhafn,
one of tue counsel Tor the defence, that tho judges
had como to vote without hearing the summing up,
because they were afraid vi being compelled 10 listen
70 three aays' speech fronl Mr. PecKham, IN which
he would have eciIpscd Mr. Evarts' greatest euJrta