The New York herald., 1871-12-17
IN SUPREME COURT CHAMBERS
CORPUS.

Here the scene in the General Sessions was re-
enacted, with the addition that Mr.. O'Conor took
hand IN the legal tourney, and that the same was
somewhat more prolonged, ana that counsel for
the defence succeeded in the motion to admit their
client to bali.
ARGUMENT OF COUNSEL RESUMED.
COUNSEL FOR TWEED addressing Judge Barnard>
said:-We are mere, Your Honor please, upon q
habeas corpus grznte.toy Your Honor in the matter
OF ". N. Tweed, who was indicted In the Court ol
General Sessions yesterday for an onenoe involving
at the outside three years. accommodation In the
States Prison, II he be convicted Of il. with right
on the part OF the Court to reduce the punishment
to one years imprisonment In the Penitenuary and
fine In the Of 81, 900, both or either according
as the Court may think fr. Mr. Tweed Is arralgned
on an indictment IN the Court OF General
Sessions to-day. Time was given HIM
to enable his counsel to decide what course he
should pursue in any defence they might oppose TO
the Indictment Mr.. Tweed was the controller in
the motion OF the District Attorney, and Of the
most
EXTRAORDINARY AND ASTOUNDING sPEcrACLRs
Is the TACT OF the pending Judgment In Court which,
VIII venture TO say-and have u right TO speak
with lettle pointedness IN the matter-has never
been equalled In court oi justice. The further ref
erence winch was made was granted. will read TO
you. 1t states tnat Mr.. Tweed was imprisoned ana
restrained IN mis- liberty under an order OF the Gene
raj Sessions the peace, held IN and at the city OF
New York, and then, after setting out that he was
committed or detaneo IN sucn II way as to
INCAPACITATE HIS RIiHT
to claim the present writ OF habeas corpus, &C
coriing 10 the best knowledge and benef oi your
petitioner In the order OF the Court made the 10th
day OF December, u copy OF which Is annexed, by
wnlcn he Is about to be carried to the City Prison
BY NJ II Brennan, sherir OF the city and county OF
OF the order by said Court. The writ has inter-
cepted Mr.. Tweed
IN TIE WORST FORM,
In his transit from the Court to the City Prison. The
q
prosecution In an indictment for felony, on motion
a e o sa The WseS stand s @ 70 ne
without bail until therein delivered up by the
OF the law Your petitioner is desrous Of being
balled upon the indictment on wncn the SAID order
Is founded. IL being as your petitioner Is informed
and believes an act OF the Legislature OF the State
and suppress mock auctions,' passed April 0, 1858.
That your petitioner has not as ye; made any appli-
cation TO be oaled upon the said Indictment TO any
Court or oficer Whatever, nor mas any sucn appli.
cation
BEEN MADE ON HIS BEHALF
Then, In order to meet those words, without ball.,
the enactment Is worded In the petition, "That
the order or commitment, as originally made, and
signed, did not contain the words "bai." but
they were added TO the order on the suggestion OF
the Court against the desire Of your petitioners
counsel before they made application to admit HIM
10 BALL and pu0lic protest against the action OF
the Court that respect therefore your petitioner
prays that writ OF nabcas corpus issue directed to
1ne said M. /. Brennan Sherin OF the county Of New
Yo ~ 70 produce ~ e 9oay o.
The County Court House, In the City Han, IN
the City Hall Park, In the City OF New
York, forthwith, Immediately. 10 ABIDE by
such order Your Honor shall then and there
make. In The words thus supplied 10 the liieess
statute, II Justice suddenly stepped down from It's
PEDESTAL ana turned ltseli into the prosecution of
the defendant and made motion against him, and
with view TO
ANTICIPATE THE EXERCISE
OF the right which Is guaranteed him by the consti
tuuon oil the state OF New York ana by the consti-
tunon OF the United states, Mr.. Garvin read the III
dictment.
COUNSEL FOR PRIsoSEn-we must supmit to the
Court, because II seems to be proper we should do
so before we enter upon the testimony TO establish
the fact whether the Court denies these proceedings,
coMMrrTAL SHOULD BE FArsIFIED
II an untruth. II alleges an untruth. motion
was made by the learned Judge himselt-we are
able 10 point 10 any numOer OF the gentlemen OF
the press who were within nearing who recorded
made Tne District Attorney was placed in .
position which he mad apparently TO maintain;
anu we are prepared to prove that the suggestion
that the words without Dal be interpolated In the
words-emanated IRON the Judge, and he made the
request TO the prosecuting ofiicer, not only pri-
vately, but publicly, that he should make the
motion In this petition.
the haoeas corpus 1t s proper for you, n sucn
breach OF duty was committed, 10 apply 10 some
other tribunal than this one when granted the
witt seemed satisfied that it was the proper course
object OF bail, and that being the object am pre-
pared to hear anything about Il.
C0UNSEL-l VIII state the part that TOOK IN
the recent argument, before the General Sessions.
the Indictment and, secondly, to admit them to
bail. In tnat instance had the misfortune 10 waste
my
swEErNsss on THE DESERT AIR.
hpwun eAoex txao Inc