The New York herald., 1871-12-17

hsd allowed claim that mat allowance should be
satisfactory TO sne auditors, and upon It's produc,
the money IL Will be seen that in order To make
these public officers, IN the discharge OF their duty
recognize claim AZ valid and pay IL accordingly IL
should have q certificate signed by the President OF
the Board OF supervisors statlng that the claim or
according to this statement, beng himself Prest
dent OF tue Board OF Supervisors Tor the purpose Of
enabling the party entitled to the large amount
signed upon that bill or certificate. Now that certi
ncate Is charged 70 have been
FALSE AND FRAUDULENT,
ana knowingly made for the purpose or erecting the
fraud. IL was maniestly one OF those lase lrstru-
ments that would nor only deceive those public
oincers but would deceive any traitor IN the ranks
who was disposed TO deal with them or with The
individuals IN whose favor 1t drawn. showing
MN 10 be entities not only to tue money from the
county In Its accustomed channel or payment Now,
the question arises whether the fabrication OF sucn
paper. II being false-not forgery, y0u
VIII observe 1t being false ofica document In ev
dence OF the existence OF Just and valid claim which
did not IN fact against the county Of New York.
whether TINS Was not false token, cheat. gross
iraud Clearly 1t came within all those ideas. Could
II was not simple lie that would not deceive,
but the fabrication OF false token calculated TO de.
Sssf sna 1w o @seens Sa
ba should ,Ss, Pc allowed re~ss, he should DO
argument. Judge Story's docJrlne was un-
doubtedly q true exposition OF the law. But the
constitution merely provided that in oailabe case,
excessive ban should not be demanded: that when
ball was allowed 1t should not be an empty allow
ancs, not OF such an enormous amount that the law
hope. y Inc constitution did not provide
that all persons should oe admitted to bail. There
wise d,screton OF me Court Tne Indictment was
found by u Grand Jury yet In session. How many
other indictments or the same character they might
Judge BARSARp said he could not consider that
matter. the Judge mad the right TO 40 It II ne
thought proper.
Mr O'CoNoR continued-He was about TO say
that; but was I. not besides the duty OF the Court
when II any modification that Will better SUD-
Sc We the endS oil justice " suggest III he was
prepared to support everywhere that such was the
duty oil the Judge as well as his right.
WHAT WAS HIS CRIMES
He had been placed IN position which gave him
the power to place an unlimited debt upon the pe0-
ple-an absolutely unlimited discretion. TINS man,
thus trusted, sat down and certified false claims
against the city TO an amount OF which the Couxa
His Honor had the right conclude there were
other cases beside tns before num- lie mad the rgnt
ample, the corruption which this man mad caused
HIS Honor was bound to consider the interest, the
duty he owed to the puDilc. This might De his last
opportunity Tor should this Case go on IN certain
direction no further appeal would be made TO him.
The accused simply appealed TO the humanity OF the
Bench. This man would su1er u0tning Of
this. Possibly he might, though not very probably
be put In association with cnprts but the lndict'
ment had already more strongly than any prison
walls IN that ASSOCIATION.
Mr.. OCOnor further urged that the matter was
in some sense res ddjtdicaa. Mr.. O'Conn0r alluded
to the OF Baulch and Hagerty. and The fact
That tney had oeen denied oai. ,n,,,y II ne oy
by his respectablty were to be allowed TO 20, then
would apply the words, ''Plae SIN m gold and the
strong justice iais against 1T. ClOthe IL In
rags and very straw VII. pierce It,"
The final question In this case IS whether tine
Court ought 10 decide whether ne be admitted 10
bali or not. believe the constitution does not say
that every man accused OF crime Is TO be admitted
TO bail, nor has any Court or Judge said so. Tine
question OF BAH is subject 10 the great principles OF
reason. THIS indictment has been presented ~ the
Grand Jury. How many more tney intend to bring
Is unknown, the proofs unknown, and tne question
whether ne should be admitted 70 oai 81 all snould
! think, be submitted to the Judge ny whom the
Saal ne be admitted TO bail9 The offence is not
regarded as very serious put is however under inc
term is three years, whlcn any man In the position
OF the defendant would Oe most desirous TO escape.
that bali be not accepted for the reason that
l. lear he would endeavor W evade Justice Inc Of
fence charged with s that as President Of the Board
debts against the city OF unlimited amount. There
is no restriction In the act IN the law. Ihs indl.
known fraudulent claims. THIS Is no COM
mon offence. Your Honor would secure
nusncc Geo OF drink, might commit murder. It Is no,
tnat sort OF case. II Is case 0 public agent VINO
pledged MS honor ana Pengea @ ms oas TO sse
great public oficerssuch men don't steal $20, ,00d
without seag ai amount 0pIo
stolen ays Taen cnsre - Inc great & scan sr
only Of nave SCI uDDold fhs dignity oi fpe srnlns
yoS wcs IDEAS licals enc ncnos o. your s.Srse 20
be guilty of oeep0e buI can bring great influence
vnu
JUDGE BARNARD's RULING-$5,o00 BAIL
Judge BARNARD-The indictment s IN proper
form and cnarges in legal language, the defendant
tion to TINS Court Tor ball. bail s denied In the
Court OF General sessions. or they refuse 20
Country for Sp'' justice of criminal court court
to tell Grand Jury 10 commits .
dlcted erroneousy; the question OF BAH arises In
the face OF the lndictmen; or upon some extraneOuA
proof Now lnis Indictment shows tnat 1t is a
itiO
imprisonment; and knowing nothing whatever In
regard 70 the onence charged IN the Indictment.
offence OF a Ike character-the proper subject OF
BALL direct you TO give bail IN the sum Of
$1,000 (Appiause.) Mr. Graham, In c0ncurring
with the demand OF the Court, rclerrei TO the
decision OF appeal In the matter OF the proprie.
tors oI the Westneld, wnere the same principle Of
law, he said ws6 mentioned by Judge Sutherland.
on the rendition OF TINS ruling by Judge Barnard.
warmly congratulated upon ms narrow escape from
beng sent 10 keep his fellow ex-oicial company IN
PETITION FOR THE HABEAs CORPUS.
To the Hon GEoMeE e. BAssAEp one q The Justices Of
The petition Of William N. Tweed, showing tina. he |. Inn
IN % Of ss nn1 held a. n osr n for 81 the
city county Of New York the city Of New YORK. and
es. By "ny coaT. ss
sSs' Of s n usme ss or as
competent tribunal OF civl or criminal jurisdiction
g:.s".s a: :scS q
day December s7 copy Of which hereunto annexed,
by he Is ABOUT being to the City
PrMon by NJ H. brennan Sheriff OF the city and county of
New York. ocer charged with the execution OF the said
order by said Court that petitioner Is desr0us OF
being baied upon tue indictment on winch tue pro.sca
petitioner s informed and bsiieves, act OF tho
Legislature the State OF New York. entitled IAN ac
punish gross frauds and mock aucons passed
n. petitioner has not yet mado any
application baed upon the sald Indictment to
oaesr wlasse, nor ass any such spos been
nalIy made, tas petitioner is informed, believes
and signed, did not contain the words
without bail" but they were added 70 tho
oesires of your petitioners counsel, before they
application admit him TO ball. and public pro-
test and rrmonsrnnce the action Of tho Court In
that respect wherefore petitioner pravs that writ OF
haDcas corpus directed to the said NJ r. brennan,
sheriff the county New York. commanding him pro-
body your petitioner before Your ionor, your
Chambers County Court House, in the CITY Hail, 10
the CITY Hall Park, the city Of New York, forthwith, I'm
medateiy abide by oer Your Honor shall then
and there make.
Dated 10th December 1871.