The New York herald., 1871-12-17

Fullerton suggests ION motion OF rhe District AZ
torney. ordered that the said William M Tweed
the city Prison OF the city OF New orK. without
bail, or until thence delivered by due course OF
law" Ihas Is no. .he order the cous. mSe, ana
OF any order IN place oil the one the Court orgneiy
Judge BEDFoRD-Excuse me, for moment l
only wish TO do what Is right In this matter. l I'M
derstood the District Attorney to make a motion,
dea mere was im no 10 sav motion ps sas
granted by the Court Now in order to have justice
aud law administered here properly on this occa-
sion. shall now ask tho District Attorney TO arse
and say what his motion was and ls2
CouNsEl-You Will allow me first to finish my
Judge BEDPoRD-lt Is only 10 put me right
CouNsEL-lt viii appear In the pubic press In the
morning. 1t Is evident that these proceedings are
CLOSELY AND ACCURATELY REPORTED.
The District Attorney made the usual motion and
under his oath Of Office l submlI he could make no
other motion. submit II would be unheard OF In q
70 20 s up ID o. ans s
this defendant ls-where the penalty Is SO compare
lively trivial IN one aspect OF it for an ABSOLUTE
commitment OF the defendant without the right TO
bail. Now the suggestion we desire to make to the
Court-and 1t Is simply part OF our protest, be-
cause we must not be considered as arguing the
our RIGHTS WILL HAVE TO BE ENTERED UPON
RtSEwHERE.
The suggestion we desire 70 make to the Court IL
this-he constitution OF this state says that MT.
Tweed Is enGiLed to be pailed and he Is entitled TO
be balled In reasonable amount, and It not only
PROMPTS the Court from taxing sucn course as it
seems to take on This OCCASION but 1t prohibits IT,
II IS inclined to bail the defendant at all from ex
protest, them II Your Honor please, Is Simply
this: We insist that the order was made without
anv ausi0n OF this description IN II originally; that
the order was consummate, and was supposed TO
be entered as 1t ell from the lips OF the Court and
in s a%s nv, s."aeGng which NV we ma may take upon the
action Of tile Court as entirely null-as amount
ing TO
AN INCONSISTENT DECISION
the part OF the Court in reference to the decision
It just pronounced in this matter. desire IN my
own Denalf II your Honor please, to take my stand
here-l speak IT with all respect-aqalnst what
conceive TO be an oppression like this. The facts
locked up In the breasts Of the grand Jurors Of this
county. 1t is not supposed that they are In any
way known 70 The Court. The Legislature mas
NOT AN AGGRAVATED CRIME UNDER ANY cIRcUM-
+ STANCES,
no matter how committed or when committed
otherwise they would nave annexed 10 the convtc-
ton for crime IKE this q much severer penalty
than they have done. 1t seems to me, therefore,
that when no facts are before this Court showing
that tine discretion OF the Court has the right 20
exercise itself IN the direction In which 1t ID as
sumed 10 exercise itself, that II Is
UNHEARD OF, UNPRECEDENTED AND UNPARALLRD
in court Of justice tnat either on the motion or
Court should enGer.aln the lnterpOstuon OF those
words IN the present order. AS said before. we
because that might initiate against the rights we
have as against the action OF the Court We make
Of claiming that the Inc order. as originally made,
stand
torney simply wish to set myself right In this mat
ter. motion was made on Uenal OF the people to
commit the accused In the usual manner. do not
wish to make any motion myself be cause II Is un-
heard OF. l merely SIT here to rule according TO the
best OF my Judgment and in order to put the Court
right in this matter to show that the only object Of
sitting here s to 40 right now ask the District At
t0rney to renew the motion and then II you gentle
&c % S
motion which he now makes ls not answered, as
the other motion was not, then Will see whether
District Attorney GARvIN-When this prisoner
came into Court 1t was suggested that he would
plead TO the Indictment and the reason why ne did
HE DESIRED TINE
for the purpose OF examining this volumin0us in
dlctment which was entirely proper and c0ncurred
In by me. Such time as Is necessary Will be taken
BY the counsel on the other side. then stated to
that he be committed IN the usual way. He was
directed to be committed In tnat way then stated
that desired TO have the prisoner COMMITTED with
out bail; that was my distinct motion to the Court
Nothing was said on the other side, and the words
were II N sne oraer ir Ins s the
Judge BEDFORD-fnaL Is exactly the way un.
ALLEaED INTERPOLATION IN THE COMMITMENT.
DISTRICT ATToRNEY--Now, the counsel have
anything further to say on the subject OF course
iusi,ce. :.
mistaken IN regard to one thing. Those words were
interpolated In that order before the learned Disrct
Attorney said one word about committing without
COUNSEL FOX Mr.. TwEED-I desire to suggest.
because II your Honor please, these things must be-
INVESTIGATION ELSEWHERE
and then all parties under oath will have the OppOr
tunity Of stating precisely the case OF the occur
renee. l heard nothing OF commitment without
bail until 1t was suggested by the learned side
counsel for the people 10 In Conversation and it
came from hlm a. l Interpreted It, as though 1t
was an lnadvertence or oversight on the part the
prosecution III not making some allusl0n 10 these
words before. do not know tnat violate the
principles or gentlemany intercourse because there
was no restriction in the conversation, and what
veal but 90 not know that 1t was understood that
there was any secrecy or confidence 10 That CONVEX
gestion from MIN, wnat have now stated to the
Court, that
BAIL IS THE RIGHT OF THE DEFENDANT.
You might just as well ask The District Attorney
to move that tne defendant put IN plea or guilty;
1t is not bit more anomalous than the course
which Is now Deing pursued mere tnan II the Judge
from the bench would say, "Mr. District Attorney,
will entertain motion from YOU that the defendant
put IN q psa o. ms hs 70 ns
right to HIMSELF transferred by MIN 10 MS counsel
HE IS THE PARTY TO MAKE APPLICATION
to be admitted 10 bail; non c0nStdf, that he wants
bail. Whether he does or not Tins Court has no
right to know, because nothing has been said about
presence OF the Court on the part Of the defence
which Justi1es the belief IN the mind o. the
Court that this defendant wants bail cO,lstGt;
that he Is Wiling to remain Ia close and tight Gus
tOdy. Why should this prosecution De antlcipa-
uonall Why do they reason, II the Court please
that there may be some other Court or some magfs-
trdte, II you please, upon this island emitted TO
grant ball. and would pc looked upon as more favor
aDle to application Of that kind than TINS Court
Is regarded rs being, suppOslng u to be regarded
sucn, we are at loss 10 explainP We came into
TINS Court simply to preserve siIence. That nave
preserved, except 50 far as
WE MAKE PROTEST IN BEHALF OF THIS DEFENDANT,
which is necessary to preserve his rights. The Dis
trict Attorney made qualified motion In reference
to the plea. On the suggestion which was made W
has counsel, the Indictment being bulky aud tney
having had no opportunity TO acquaint themselves
with It's allegations. II was deemed proper, without
Specifying wnat time they required, that they
should be allowed proper Time Tor that purpose IL
will be arranged IN the usual Way In which matters
Oi that description are arranged between counsel
for the defence and the District Attorney Of The
county, and all that, as l understand II. tran
spred before any aluslon was made 10 the
without bail. Now ask the Court be-
cause l am interested IN seeing that proper pre-
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