The New York herald., 1872-10-05
THE "RING" FRAUDS.
Motion 10 Remove the Indictments Against
Tweed, Genet, Sands and Others from the Gen.
eral eoasions to the Oyer and Terminer-
Eemsr,p Of District Attorney Gar
vin-Dooision Of Recorder Hachett
Denying the Motion.


suss the question OF the removal OF the indictments
from the Court or General Sessions TO the Oyer
and Termner. The attendance OF spectators was
not large and not much interest was evinced In
the proceedings. Shortly after eleven O'Clock Dis
trict Attorney Garvin, Judge Tremain, Mr. Henry
l.. clinton and Mr.. Wheeler II. Peckham entered
she court room and occupied seats within the pros
ecutng bar, while Mcssrs. Burrill, Fullerton, Van
derpool and other distinguished lawyers appeared
the other side to represent the accused parties.
DISTRICT ATTORNEY GARvN ON THE MOTION.
District Attorney Garvin rose and said that he
enumerated the cases the other day in which he
made motions for the purpose OF transferring them
80 the Court OF Oyer and Termner, from this Court
for trial. The statute was plain under which that
that transfer to be made, and beyond all ques-
Aon gave HIS Honor the power so 10 do, and, there
fore, 1t was not necessary to present an argument
upon that subject. He now renewed the motions
made the other day, and II counsel had anything to
say in opposition they could present their views
by afidayit or otherwise.
The Recorder suggested that the District Attor-
ney had better select one case.
District Attorney Garvin said he would take the
case against William II. Cook. He also named the
cases against sands Smith, lngersoll and others
Except Mr. HalD, and moved their transfer to the
Oyer and Termner.
Counsel for Mr., Cook said that this was one of
those self-wicd motions that intended to be
decided in response to the beck or nod OF power
. very odlOus form of presenting motion in a re-
publican Court, particularly the part Of the
people. Being little more republican and simple
In their ways, ON the part OF the defendants who
were affected by the present motion he would
read ali andavit in behalf OF Mr.. Cook, which would
apply to ali the parties WHO STOOD In the same
category with him.
William ilennessy Cook. the defendant in these
TWO iSprcrMENrs ron FORGERY IN THE THIRD
DEGREE,
being duly sworn, deposeth and saith that the two
indictments pending against him in this Court
were found by the Grand Jury without complaints
originating before preliminary magistrate. That
at the time they were found lie was absent in
Europe and that as soon as he knew OF them and
could arrange his business he voluntarily returned
to the jurisdiction OF this Court and put in the
requisite bail to appear and answer. That this de-
pOnent Is advised by his counsel and verify be-
ieves the transfer OF the said indictments to the
Court of Oyer and Terminer would deprive him Of
important rights, and among others that If tried
trial upon the merits and also upon Tie ground Of
newly ydiscovercd evidence. That the said ndct-
ments have been frequently alluded to as part OF
what have heen generally and odiously called or
stlgmatized as the ''Rlng indictments" or as
connected with what has been for the last year or
80 known as cases growing out OF talleged) heavy
frauds upon the treasury Of the city aud county Of
New York. That the public mind has been very
period In different ways producing, as this depo-
nent verify believes, strong prejudice against any
with those matters, whether guilty or innocent;
and that this deponent has been advised by his said
an impartial Court is not only requisite to the due
protection OF his interests, but OF Court clothed
with the power to grant new new trials upon the
never applied for any delay in the trial OF these ac-
tions; that he has had no agency in the delay which
has occurred since the finding Of the said indict
ments, ana, under the direction Of his counsel he
means to take steps to dispose OF the SAID indct
ments without waiting for the action Of the prose
cuion.n
REPLY OF THE DISTRICT ATTORNEY.
said that these Indictments ought to be removed
into the Oyer ana Iermner for the that are
manifest on the record Itself and also because His
that lie disked to try these cases and refused TO
try the case of Mr. Hall. Judge Bedford did SUBJ
stantally the same thing, ana another Judge was
called In for the purpose OF hearing that trial.
Every one OF these cases are more or less connected
with Mr.. Hall, who was then Mayor, through tie
whole investigation, from beginning to end, and
their disposition involves an examination into his
action whether 1t be good or bad, civil or criminal
whether HE conduct was proper or improper,
whether II was anything more than an oversight
Or whether he was Jushable III verything he did
It was therefore einnently proper that all these
cases should he transferred to the Oyer and TeImi-
transferred TO the oyer ana Termincr was that this
being the great criminal Court OF the city. II was
pressed with business, and these cases ought to be
removed so that they could be speedily tried. These
cases are OF great public Importance. They ought
10 be tried and disposed Of and we should under
stand what the truth is In regard 10 them. If
frauds have been committed OF the character which
are described IN these indictments ON account OF
transactions that have been going on in this COM
muntty under the forms Of law 1t is high time that
the individuals engaged in them we've tried and
punished. Two OF these cases were transferred by
The accused on then own motion from this Court to
the oyer and TerInilier.
DECISION or THE RECORDER.
Recorder Hackett said:-lou mistake the position
hold in these cases Mr.. Hall stated that by his
own act our social relations were OF such a charac-
Ter that In his opinion could not entertain juris-
dction OF the cases. From the moment the indict
ments were found to the present | have
Impartial justice between the people and
the accused, wiihsanding standing the : friendly
myself No Judge can be less desirous than
myself to try. these cases; ! cannot conceive
me. ] regret that, although these indictments
have been pending seven or eight months in this
earlier moment, that justice might be done. can
not but regret tnat on the eve OF an important
matters, that they brought before the Court at
this time. Were | TO consult M own inclinations
considerations would not touch them; but have
duty to perform In this matter; | have
my own views or be governed by my own personal
consideration OF the subject, ] ain to determine
Mcfarland case, where motion was made by the
District Attorney TO remove the indictment
from the General Sessions TO the Oyer and Terminer.
An argument in opposition TO the application
was made by the counsel. who opposed the present
motion, ana Judge Bedford. who then sat here de.
cided that unless the consent Of the accused and
the District Attorney were fled the order would
not be made transferring that case TO the oyer and
Terminer. That rule has been adopted and IL now
in force In this Court. II you can show any good
reason why these cases should be transferred
will be happy TO hear you, and Will make the order
accordingly.
Counsel Tor Mr.. Cook said that with all respect to
the learned prosecutor he denied that the Court OF
Oyer and Termlner was the great Criminal Court
OF the city, for since the passage of the statute OF
1855 II was no longer head and shoulders above the
General Sessions II stood precisely on the same
level with the General sessions with tnis difference
shat some OF the Judges OF the oyer and Terminer
WE a al a. lu
District Attorney Gafvin remarked that he had
stated all the reasons which occurred to him III
support OF the motion he made, and his associates
cOnCurred la his views.
The Recorder-The motion is denied In each case