Year: 1875




The following correspondence is continuation Of
that which published in yesterdays HERALD:


BESJAMiS X. PHELPS. Esq, District Attorney Of New


York


sir-In reply TO polite invitation extended TO you
by me as counsel for the Committee Crime, TO ap
pear before them, you have deemed II expedent, while
declining IL forth in a correspondence with the
chairman what you choose 70 designate your reasons
for so doing and in that connection attack
the shoulders OF the committee. do propose that
you shall do 50 with impunity Before directing my
attention the subject OF the grievances you have
| against may be permitted 10 say that was
lected counsel by the unanimous OF the
mttec, under the belief, presume, that ! would be


faithful in the discharge OF duties and not be bassed
by political considerations AT all events accepted tho
appointment under such impression, and have
deavored to perform the duties 10 the best OF my
derstandng No serious disagreement has at any time
occurred between any member or tho committee and
myself and you are the rst person who has presented
views the manner in which my duties have been
performed You have been neither delicate truthful
IN making your statement, and while my remarks
you shall speak plainly trust shall do truth
fully You charge me with deliberate intention OF
destroying public confidence in you At the OF an
election, and accomplish that end that have sup
pressed some evidence and coorcd other, and that
through my lamentable ignorance in matters about
which the mercst tyro in criminal practice Is pro-
tcient the proceedings OF the committee have been
anything but fortfy grave charges
you oner illustrations. Before reviewing your
lions let you that no more surprised
than at the condition which an examination Of your
department disclosed without ever having been upon
intimate terms with you had imagined our relation
toward each other friendly. had considered you





cination 10 do right but with great strength IN
resisting influences, and l was prepared 10 nnd, II
there in the administration of your occ,
rather those which might be attributed to negligence
than anything worse. Not having had much criminal
practice Of late years dd not meet you oita n but
withal inclined TO like you. lnibued with those
feelings toward you had motive To seek your
downfall WAS not asprant for any Office, and
hence selfish considerations moved Inc TO such pur-
pose you inpuie TO me. My nrst impression that
you sincere was aroused on the
l4th OF September, when YOU appeared before
the committee and, instead OF Offering yourself
as witness addressed the committee the manner
in which you thought the investigation should
be conducted and attempted impress the committee
with the idea (evldcnty excuse for your short
comngs, which were then becoming apparently that
the facilities for the prosecution OF before ures
precisey tho same as they existed IN lS4s.
II the report in the newspapers correct
about the testimony before the Senate Committee
IN your examination before them ieit convinced
that you knew better than TO make such assertion,
and Immediately asked that you be sworn then you
admitted that in 1s4S District Attorney was entitled
10 but assistant while now you have four, and be-
sides that during your term you had been empowered
with the the judges TO hold two terms OF tho
Court OF General Sessions whenever required, which
was not the case in ls4S; You testified that
during your you had held but four
or five such extra terms, and gave
reason for not holding them monthly that
the necessities of the case had hardly required that
labor be imposed upon the General Sessions Was
such statement by you abundant reason for the
to infer that If they wished 10 md the rea
why there hundreds OF indictments not tried
and complaints attended TO in your Office they must
look for other than want of facilities During



perhaps, remarked, 'lf give the committee any
information should be most happy do so II there
is anything that requires explanation shall be happy
to make il when 1t is requested" After your exami-
nation felt that you enraged at me, and
convinced that should your face again be-
lore the committee, however urgently they might
quest time after time when mattors OF peculiar odor
emanating from your department had been or were TO
be developed, your presence was requested in
writing, but you failed remember your
promise, and il will hardly be credited nat
your reasons for not appearing yesterday
MS getlo lort IN Mr. Campbell
set forth your motives for declining. We arc all hu
man and desire to avoid II possible disagreeaoe STU,
have been called upon do might possibly have
acted you did, with the exception that would not
have made the mistake of writing such letters In de-
1nng my impressions of your character should have
added that supposed you were endowed with certain
amount OF shrewdness. But find was IN error Be-
fore almding to some OF the subjects upon which you
might possibly have been nterrogated had honorcd
the committee with your presence let me briefly review
some OF the illustrations upon which you base your
charges against me.


FTst-You say tho time Of the committee has been
mainly occupied listening TO the complaints OF con-
victs aggreved complainants and discharged clerks,
and has been used as court OF review 10 revise the
proceedings OF courts the singular fashion OF hear
ing only ono side In answer that will say that
have that convict has testified before
the committee in reference to your department. Are
your II so, won't you please give his or her
and state ii ono has so testified, whether
he she not corroboratcdr know OF no dis
charged clerks, unless you refer to Mr Allen, your
former assistant; and II you do rcier 10 him chal-
lcngc you give the true reasons why he left your
L
planants havo testified against the in which
your Office been administered, and with good
too; and had their been presented one side
only-which is not true-there would have been two
good for it; first, because one side only
had been attended 10 by you twitnes the cases OF Mrs
Roddy and the killing of Mccarthy, and second, be-
could not induce you to appear with the other
side


seeond-You next accuse me OF wasting the time OF
the committee nearly whole day Blackwe's
Island In consequence Of my lamcntable ignorance
not knowing that the Court had discretionary power
commit children under sixteen years OF Well at
all events you will allow that discovered
my mistake admitted IT. But how rs it, with the
massive intellect you seem 10 think You have in use
every day, you say you would require more than
twenty four hours time in which to get together your
nuggets OF wisdom TO lay before the committee? do
desire TO blow my own horn, but just now may bc
excused If call TO mind that occasions when
have been opposed to you In court have been the
successful party.


7hird-You say in effect that endeavored to make
II appear that 100 indictments missing from the
Clerks Office and that a grave wrong had been com
mitted when was perfectly aware that they
your office, accordance with the nnbroken practice
years My reply to that is that whether the practice
has been broken unbrokcn the proper place Tor all


indictments in actual use, unless possibly against
persons arrested is the Clerks Office, and their
sale custody he is responsible. The word ''pigeon
holingn indictments probably had It's birth in The
practice and IL honOrcd
in the breach than in the observance But | have
another answer When our clork had reported 100


indictments missing from the Clerks Office bad him
make list of them and send It to your olcc with
request that you would indicate whether they were in
your possession not did not him deliver them
TO you, but have doubt that he did 50, find in
our copybook the following letter.


''SEPr. IA, 1878
'Hon. BENJAMIN X. PBELrs, District Attorney
"SiR-Thc within list OF indictments found in
1873 1874 and 1873 by grand Jures in tins county
not lille among the records OF the Clerks oicc OF
oyer and Termincr and General Sessions, VIII you
please inquiry IN your Office whether those
dictments Kept there or not and have the fact
marked opposite TO the respective indictments the
within stY An oversight caused the service upon Nou
OF a subpoena for this day meeting OF the Assembly
Committee extend
you written invitation similar TO the verbal one gwen
tha4 your presence the meeting would be agreeable
also any explanation the committee mny be favored
with hy you tho ~ be presented in connection
with the investigation. Yours respectfully,
"THEODORE AUB
Associate counsel by direction Of J D Townsend,
Counsel for Committee


After waiting more than q month Tor your action in
the matter and response bong made except by
OF ndiclmcnls ngalnsL lottery deneIs lhn