New-York tribune., 1872-12-07
THE TWEED CASE.
DAVID DUDLEY FIELD on THE EXCLUSIVE DUTIES
OF A GRAND JURY-MANY MORE WORDS IN


DAVID DUDLEY FIELD on THE EXCLUSIVE DUTIES
OF A GRAND JURY-MANY MORE WORDS IN
STORE.
The proceedings in the Court of Oyer and
Terminer yesterday morning in the Tweed case closed
the seemingly intermnabe talk about the big IN dlct
ment" Mr. Field replied to the points urged by Mesrs
Treman and Peckham consuming nearly he!entire day.
although understood beforehand that he was to
have an hour. Mr. Fields argument was closed at last
and the papers handed to the Judge for his de
ci,ion. Mr. P,ckham then brought up the third ndict
ment for felony, and asked If Mr. Tweed was ready To
plead. By no means" he was politely informed by
the group of gentlemen surrounding Mr. Tweed, we
have Mt papers and If we had we should move To
auash that indictment have this one on the same
grounds, with extra grounds added, perhaps
Ofcourse sion became the order OF the day
Messrs. Peekham and Tremain earnestly pressing the
immeda te debate OF all the legal matters on all the IN
dctments and Mcssrs. Burrl and Field as detcrminedy
insisting dpOn time" The latter trIamphed at
last Judge Ingraham adourning Court Of oyer aud
Ternincr until Monday week, promising meantime to
give his decision upon the argument lust concluded so
that al present the prospect Of edition OF all the
weeks talk Is unpleasantly certain, aud tho probability
of seeing WIN. NJ Tweed fairly before the bar is remote
indeed.
The beginning OF Mr.. Fields argument, Yesterday, on
the motion to quasl the big Indictment was a re-
enforcement OF Mr.. Grahams opinion IN regard to the
definition n the important word audit" He cun9 to
the proposton that "audit could not be held TO mean
an inquiry into the original accounts, but at most the
comparison OF vouchers with bills. He iDstanced the
many auditing boards Of private companies which sat
merely to examine and approve bills paid The law pro
yded that no man should be tried for crime except
Oh the Indictment OF Grand jury and that
Grand Jury. not a mob OF % men, but part of the
Court sitting and approached by sworn officer
OF the Court alone. He cited various English cases
where Improperly in the action OF the Grand Jury had
been held fatal to the indictments on motions TO qIash
The facts established dispute that accounts
those relating 10 the claims of Keyser Boiler lngersO
Dawson Miller, and smith. What 70 commentary on the
fairness and honesty. nay. the professional honor, OF
those who procured this indictment.
Judge Inglaliam interrupted Mr. Field, saying that
not necessary TO make any personal remarks III
this argument.
Mr. Field said he did not propose to impute bad mo
lives but he had the right to call things by their legal
names. IL was admitted that Mr.. Pecknan's with
dTaWal a hc;iou OF uame-JOhn BrOwn-was put In.
Mr. Field rrad at length Mr. Peckhams allidayit
what while he present before the Grand
Jury on s. and commented upon in strong terms,
holding 20 been highly improper. In conclusion.
ne asked the Court 10 make this precedent Tor the
mture and by his ruling render Justice 10 the defend
ant by qlasiing Indictment which was obtained by
an entire subyer,IOu Oi statutory regulations.
Judge lngraham then took the papers IN the ease ana
after further debate adjourned the further hearing uuti
= week from Monday.