New-York tribune., 1878-02-05
THE COURTS
OrFFYS TRIAL.
rr,TINONY COXCER.UNG ms ACTION ~ ]

TRAvERs CASE.
The tlial of Police Justice Patrick @. Duffy
for alleged Improper Judicial action in the arrest and
confinement Of Mary Trayers, begun. yesterday be-
fore ChiefJus,ice DAILY, Judges Robertson, Larremore
Van Hossen and J. r. DAILY. lie is chUged with using
ms mower 20 the extent Of Imprisonment compel Mrs
Travers 20 settle with her sister Mrs. MnJhe1rn, mat
fer which should have been scied in the civil courts
alone The courtroom vas crowded. Distret-Auorney
Phelps appeared for the Pe0pe. and Justice Dufy sat
nesidc his counsel, Agcrnon S. Sullivan and wheeler IL
PeckGam.
william B. Rockwell clerk in the Tom5s Police irt.
testified that on October 26. 1877 tvo men IN y
woman applied before Justice Duffy for the arrest OF
prs Mary Travers The witness wrote down all the fact'
which he considered necessary basis for warrant
The Justice heard all the statements that TIE complain
ants wished to make d issued the warrant
ucrr X Woodrn the sergeant in charge Of the court
on the day named testified to the same crcum-
stances
The principal witness for the prosecution was MIS-
Mary TIayers She Is palefaocd woman Of unalniab'e
anpearance and is about iOrtyfve years OF age She
was dressed in deep mourning. she said that she
appointed administrators OF the estate Of her brother
J. ONful He left about 81 200 in bank. The only per-
san entitled 10 share this with her was her sister, Mrs
EIulhearn. who was then living in Ireland.
Mrs Travors paid her brothers funeral ex-
penses and little debts and sent five pounds ser
ing 10 her sister The remainder with the exception OF
watch ana chain aud $1O0 she expended FOR her own
demanded her share OF the money the w,b-sS l9a her
mat she had expended IT, On October 20 1871 she Was
aiiJssSp q scyonH IN Avenue car ard took her to
police station, where she wes kept during the night
DUFFY who questioned her under oath as to the disp@s
tion she had made OF the property oeionSng 70 her
hrohcrs estate He asked her she was Wiling 10 set
lie with her sister, ANA when she sad yes e iold AeI
prison in dcaplt ii BAIL and sent sn ohoer after her
waich and chain, which were IN the Aahds
OF SaoS Saqss %"sG Monpdsy n9dS0 she ''' was Brought
again court. She again expressed her W.
was allowed TO draw the remaining 500 from The bank
and offered to give II TO her sister oselher WIN ine
officer Her sister said she would not settle Tor less
than 500 iaore she IN DorU~S 6e s 'I nlo
Duffy at the steps OF the IolnRs ana t%a a, nun l
%ns[ she had ns d09 5 70 let o her oa Settle Hr that n had
mind 20 send her up FOR ne. iaoSHtSrj , o 'Tt V
On her Mrs. Travers ACKNOWLEDGED
brothers estate Tor liquor. Police officer James Quleey
Robert Betty and Cauarne Fay corroborated Mrs Ira
daughter head Justice Duffy tell her mother that she
might never stand in court again To the witness he
mother out. He had q right 10 send her up for hfe
T%nt % S%q tanenf Ss Of Mrs. TTts in conr and
his to allow her counsel Mr. Mott sid 10 the
turned to him shd said peremPtonly d" Sit down sr,'
and asked the woman II she wanted counsel She was
said and answered hesitatingy, mo" When Nh. Mol
tried again speak the Justice interrupted him with
"sit down, sit down. have heard you. ln's :
woman SAYS she don't want counsel"
The crosxaminson elected the fact that the Witness
wife and Mrs Travers were relatives Testimony 70 the
purport as that OF Dr smith was gwen by an at
tine that ono OF the examinations look place lie ssld
he heard Justice Duffy tell the prisoner that II she didn't
state Prison ana no power on earth could save her.
With This witness the prose ciltion rested
Mr Sullivan in opening Tor the defence said that in
this peculiar case, the counsel upon opposite sides
should not be antagonsc as IN ordinary legal actions
reaching a just conclusion When Mrs. Muheam ap-
peared before Justice Duly the presented was An
trust in the surrogates Court appeared for Mrs
Muhesrn, and argued that this was case under
estate has appropriated It's moneys Tor hls own
nal court for bezzenent. THIS attorney who had taken
up the out OF pity for the poor Irish woman. com
af ,bis rsS a cas- tn which ms LAW HppIed Jnstic.
Duffy the first Police Justice in the city ever called
upon 10 carry this into effect; and ms action Was
lust ana PROPER intend 10 make plan." declared
Mr.. sullivan, chat the prosecuting attorney himself
hensbie II be Lad MT taken the action he did take"
The only witness called ny MT sullivan: yesIeTday %
October Last he trst beard % the case when MIS- ira
IN open court aud many were present isrse nunDsr
of cases before The Justice that morning Mrs
pressure OF business Justice said ne would postpone
the until the following Monday, and, as usual,
Monday Mira Travcrs voluntarily handed the watch and
chain TO officer al the suggestion of the Court The
LAWYER but when she said she dd not he told
Mr. Mot: that the did not want him to appear for
her Mr. Mott threw down the papers in has nand
IN superccns manner and sad: "S Somebody
has been interfering with my client in PRISON; ~
tins isn't 'slystering don't know what ia"
The Court tOld Mr.. Mott 10 sit down that this was
not the first time he had acted thus in court The
Justice told Mrs Muhearns attorney 70 To the Sur
rogates Office and find out what should he done lie
returned aud civil proceeding pending in
the matter On Tuesday morning the Justice tod MIS-
Travere that this Information he could not do else
than dismiss her her reeognzsnce. He talked
the woman, telling her that she had used her sister
badly.