New-York tribune., 1872-10-16
THE RING TRIALS.

oUAsH THE INDICTMENT AGAINST TWEED
WHO Is NOW IN THE CITY-THE PROSE-
CUTIoN DENOUNCED AS POLITICAL PERSECU-
TION.
Yesterday having been set down for the
bearing in the cases Of VIM. NJ. Tweed and Thomas C.
Fields. the Courtroom Of the oyer and Terminer
carly filled with lawyers, politicians and spectators OF
counsel there was formidable array. The gentlemen
retained TO defend the accused David Dudley Field
ex-Judge Fullerton, Vim. A. Beach and the Messrs.
Bartlett: while Distnct-Attorney Garvin, Wheeler fl.
Peckham. and Henry L. Clinton appeared for the prose
cutiOn
The first business was q supplemental AFFIDAVIT intro
duced 10y MI Beach the motion TO postpone the trial
Df Thomas c. Fields, who it will be remembered, was
Indicted for receiving bribes while in the Legislature
avorng the passage Of act to pay the claims OF
certain fire companies in this city. The affidavit sub
stantaly was that he informed defendant that the Dis
trictAuorney told him that 1t was not likely that the
would be tried this term and defendant subsequent
ly left for place not known. In the course Of
the afdavt the OF r. B. Connolly, absent and
material witness the defense referred to as his
persecution" which Mr. Beach informed the Court
slip OF the pen. COunse said he II stated in the
press Mr. Fields said he considered Judge Brady
friendly hut counsel 10th TO believe that any srch
feeling caused Mr. Feldss absence, and he had every
confidence IN his honor
Judge Garvln replied, urging the case for trial. Mr.
Peckham said he told Mr. Beach, in presence Of J1dGe
Garvin, the would be pressed this term rho
Attorney General wished to press it.
Mr. Beach asked whether under the circumstances, an
indictment Of so serious character should be pressed
against absent citizen In the conversation in the
District Attorneys Cce, Mr. Pcckham said he believed
they would take up Fiedss case, and counsel replied
that 70 take up the least guilty would not satisfy the
public would be complimentary to the position
Of the prosecutors radical reformers
Judge Brady replied Mr. Beaeh's allusiOn to the
Courts hostility 10 Mr.. Fields follows / deem it
proper TO say with reference TO this charge that am
unfrcnGy to MI Fields that il utterly without found
alton, aud surprised that should be made on any
statement Of the Press In reference TO this app
cation is not strengthened in any respect it now
appears that Mr.. Fields left the city without ad-
yising with his counsel as to where he intended
TO go, and bis counsel is unable TO say where he
is. ! VIII lot say, perhaps it is not right that 1
should say, that 1t is suspicious circumstance,
but IL gLt be sad perhaps concerning his absence
ana 60 mol personally maxi us esP.OaL
he is officer OF the CITY of NewHork understand
that application TO postpone criminal ual must be
by person himself unless he is abroad and out
cation not within the rule II the application
were within any prescribed rule ~ would De granted 70
Ts Court cannot be employed for the purpose
OF opprcsE persecution THIS application not being
within known rue must be denied. shall put This
down for Oc -j ana DO not now say shall not then
entertain furthcr application to postpone the case
founded Oh justice aud equity.
TIE TWEED CASE.
Mr. Graham then brought up the Tweed suit by
presence of the satellites Of the DsrictAttOrney he
said, aud would move afidavt questioning the juris
dcuOu Of the Court On the GIst day Of the term the
DStucAttCrIoy moved that the trial of Mr.. Tweed be
set for al and counsel did not know until yester
day wien the papers announced it, that yesterday
set down as the day for trial, by order Of
the Court, and the DistictAttorney allowed
The motion TO 10 adjourned TO this day
TIE indictment found Dec 10 in the Court Of
General Sessions, and my suggestion to Mr. Tweed
as ms sworn counsel. being bound under my oath TO
cherish his interests. the case was transferred from the
Court OF General Sessions 10 this Court IL being sup
posed that considering the formation Of the Court Of
General sessions al That time. an impartial trial could
not De conducted before the judge then sitting on the
bench. Ia February, Mr. Tweed 10 ms surprise found
hmseh presented upon SIX & tnlcments IN the same nc
formed the culars OF tue Indictments nc found that
i've Of Tie indictments indictments and one Of
them stated uy Tie learned prosecuting officer. evil
IDENTIFY under misarlehension at the time to be an IN
dctment covering n almost the very terms inc lndc
meut pending In this court, but amphed so az TO contain
the iyerneu,s IN The Indictment IN tins Court
IL was discovered thdt tle cneht was hot cuIltGt
one but hat there were TWO indictments D0th OF Whlch
virtue of tLc tendency Of those indictments which
embrace tie subject matter contained III the ndct
AZ A. i1','st,,o,,t rcriiDc i'm this Court which
10 ug,IAcnt , ,lt S,1t, lrty ,vb,c tbe District
ms CoI-t rs To move that The Court order 1t to be
quashcd3 Ministerial duty IN pursuance OF the statute
But show your Honor how perfectly this mistake eX-
sted all around, 8ir. Tweed, although arIngned
upon SIX indictments. was only requested to give
bail upon Eve There was perfect certainty thaE one
those was intended 10 suTersede TINS one can
your HuuOI'5 attention tins statute and viii show
you s the light by which you see. that you
have duty tO perform but the ministerial duty OF
ircoung order be entered by the clerk OF this
Revised Statutes iCl8 lection AZ If there be at any
time pyImHg against the same defendant two indct-
ments for the Ohense, or two Indictments 1Or the
same matter, although charged as different Onenses."
That the statute, and hope sooner or later we shall
discover tue father Of these marvellous indictments
me- 70 - me orouce OF those who tried TO get Them up
for fne aft IllOutluueS
dctmeut st found shau De superseded Dy sucH seeOnu
Indictment, aud shall be quashed' 49, .
Now. shall read IRON the Revised statutes hIth eGl-
tOn, page z6 sccuon So ana your Honor VIII PeICeSe
how gOss the ignorance Of those who directed the
pleadings OF this prosecution lie oughI almost 10 De
placed IN the poIy IN oruef that IAe PuDnC may eale
al hIm, ana is attempting TO exert the enOr
powers Of the Court for the purpose OF political
persecution. section 5S says:
Hzea failure justice arises from the subtle distinction be-
1cern fraudulent ala oeeia practices known as oeA auctions
he ps vlo Through o. 6y fraudulent practices,
s2i viii stte other money
goods melandse or other property or saa Obtain WIN suen
intent te eaa OF any person to any "rn instrument sHa Oh
Me- Inv farmer saws that il their case amount to
larceny and not cheat they could convict him Of that
Oheuse under this indictment. Yet In February they
lues indicinevt bv ITSELF and hold this
gentleman 10 bail these charges, which are in
fhs manner cOmprehended ia this indctme nt as
nresent alleged indictment the people made 70 Oc
Cui2, ,i,1S Was fbat Mr. Tweed obtained the Mayors
sguature 10 blank certificate OF the Board OF Audit III
reference TO claims against me county HHlch was at
tached 10 the bill ana MI WusOn's pren4 paper con
aiuug the aggregate amount, the Whole forming cred
Ors claim. Inc second ana thid counts descIlDeu tue
issuing draft on the Controllers order the war
RAM Mas made out payable Keyser Co. The fourth
describes the crlDlDdly OF At Wesu IN IhdI nc
warrant 50 counters sned ana t9ok sal1 warrant
back obtained The truth was, that the warrant was
obtained through WatsOn's peInuy' Inc warrant was
.,ef "a .frfI oN oh