The sun., 1872-11-27
MORE TINE FOR Mr.. TWEED
MR.. PECHHAM PRESSING F0R a
TRIAL EIRLT IN DECEMBER.

William NJ. Tweed was again In the Court
Of Oyer and Termlner yesterday, the hearing
upon the questions preliminary to trial OF the
indictments against him having been adjourned
for week on the previous Tuesday. His coun-
sci, Messrs. W. q. Bartlett, David Dudley Field,
John Graham, ex-Judae Fullerton, and Willard
Bartlett, were present, were slsO this prosecu-
ting counsel, Mossrs. Lyman Tremain and W. II.
Peckhan. with District Attorney Gsrvln and
Assistant District Attorney Algernon s. Sulii-
ven. There was very large attendance OF spec
tators. Mr. Tweed was entirely nj his ease. He
wore white neck tie, and his large diamonds
dazzied In his shirt bosom.
Assistant District Attorney Sullivan referred
" the state In which the c@e stood at the
former hearing, and called attention to the an
nOuncement by the counsel for the defence at
that time that they would now he prepared with
whatever motion they had To make for delay.
He then renewed the motion for the ar1sign-
mcnt VI Mr.. Tweed.
MISUNDERSTANDING.
Ex-IudKe Fullerton said II was understood
that they would announce at this time what
meat. before doing that he wished 10 say
sT9methng Tnns In n reference 70 the case.
the s part @ Of i the counsel Ssonv for Mr. WEED %
Ills Honor would recollect that in addi-
ton TO- what wa. termed the big indict::
ment, by way of distinction, which WAS found
on the I'd OF october, there were other indct-
monts, some OF which were found In the Court
the "big Indictment" was returnable ON the
nrst Monday of December. When he received
told one S} his younger @ @ associstes that that the he
recuRnizance was re.urnabc AT that time, and
ancnr nr hnfnre SCI now .hTy comu oe 70
indictment was removed from the Court OF
General Sessions. lie supposed, therefore, that
lie came into court now after the beginning Of
the discussions, and he did not learn that
THE BIG INDICTMENT
was the subject OF the controversy until the re-
had hss int hsnra
Information. lie had since been informed by
his associates. Mr.. Field aud Mr.. Graham, that
they did not know that the Indictment was re-
turnable on the first Monday OF the December
term, and that they acted IN Ignorance of that
Tweed was bound then to appear. OF course
Mr.. Tweed was under no legal obligation to do
SO, and II u was understood by his counsel he
would not have appeared aud his Honor would
not have required him to appear. 1t was also
legally true that he was not bound to appear
this morning hut of course having appeared on
the prev yious Tuesday, 1t would have been disre-
spectful for him to absent himself. They would
not interpose this suggestion for the considera-
ton uf the Court were IL not true that they rad
not been able to get ready. He begged his Honor
10 recollect that while they were investigating
this case and preparing to meet IL. their time
had been taken up In a great measure In the
civil suits pending, which were
PROSECUTED WITH GREAT vIGoR.
\ motion for n change of venue had occupied
the attention OF many Of them recently. and
they had not been able 10 bcsiUw upon this case
the attention It required. He made these ex-
plantations To show that they did not come with
an excuse made up for the oucaaion He there.
fore asked that Mr.. Tweed be not called upon to
plead until required by his recognEance to do
So In December.
Mr.. Tremaln said he understood from the Dis
trict Attorney that the uniform practice OF the
ohlce was 70 require the defendant To appear
either at the existing or a future term Of tho
court when the rccognzance read the next
term, as IN this case. Hut Mr.. Tweed having
hceu called upon To- plead to THE indictmeu u I,
S1d tro'eSdnfs s, y, & having been had under T. it
proceedings had been under this and the other
two Indictments. and no time should be wasted
fcndant should be prepared simply to plead to
the indictment, and then they would not inter-
ferc with the Interpolation ~ a special plea or
n motion 10 quash. IL seemed 10 him TO he
trlhiEg With the administration OF justice and
tfibng With the prosecution 10 make an ubjec-
Ton OF this description.
JUDGE FILLEHToN AROUSED.
FN-Judge Fullerton said he could no, rest
silent under the charge that they were triHing
they were In honor hound 20 appear, notwIth.
standing the words Of tho recognzancc, because
they had once before appeared. though IL was
under misapprchen.ion; and they would abide
by his Honors decision after listening 10 the
other side at the ear. est moment. aud advised
them a 70 the condition Of the case.
Mr. Peckham said II was Idle To- discuss what
were the terms Of the rcCogniZancc. They GER
talnlv could not complain on the other side NJ
O. when the recognLHnce wanted them 10 aI,-
pear, when they did appear
Et.Judse Fullcrton-we appesr to make known to
| thss I C9lrl NE petition Of TIE cltt.
remarked that tns seemed 10 b. ric n Siih the Court
Si.h To- Sall me attention Of your i'nor TO the con.
,oa oappear al future term, ~ pnd ;! BE- ln the
dant 20 hold him obliged TO plead at the present
,crts ,c,s. Moa,d can your h9nor,s rttenlog
T., thc gllaon OF counsel q, for h% prGsecuten as 70
nos state .Ieh required he Sa pToscaSton sHnS 10 70
onor also s- s sa s Il oat
Tsoiyi a. established Law. that te Dstrict Attorney
should De hound TO observe stipulation which
voluntarily entered into Now We shall ask your Honoa
appear The You d snd he caa S
IN he M. 's nc a y
Under nsapprehension DO not consider that he
oe ao h oa 10 Tl sa is upon
& % nr ~. ~ tbes es ,e o TO gesa IT, serss
asi.nasn' Ia. tle TEht Nin entire confidence TO ak
CouRr ASD corNsrI. IN porRy.
Judge BRADY think this Is point titied 10 con
Mr. Bsrtlctt-I Omitted On. point. 1t Is not quite
!h's proeeedng would no. be rSsed u Ga, our
authority TO change that reeognikanoc u its legal
Jndgr Brady-Thc condition Of the recognirancc IL
he es Court Of Oyer and Tcr9Iner There was lergl
wolves too much doubt to hold that the defendant may
ls arrsgnment. A waiver, a underssnd t. IS moi
favored In criminal ca,es as II IL In civil This
t9oSn IT, II eourse i w6rd have T .S,ad adi s
G G 9 delay az q s SopTi might hay been deyoied e
| 10 require that the defendant be arraigncd.
Mr. Sullivan said there was still another indict-
ment, To which no such objection could be
taken the indictment against Mr.. Tweed alone
| Mr. Fullerton insisted that they had no notice
| OF this trial.
| Mr. Sullivan said that they had given a general
| notice II all the indictments.
| nix. TREMAIN's INSINUATlON.
| Nr. Trcnaine asked whether IL WIS Necessary
when The prisoner was In court to Hutify him
| such thing would be a notice to leave the
| country.
The Court inquired what was the custom Of
| the District-AttOrney office.
| MIR. Garvin replied that he had, on account of
| his previous connection with Mr.. Hall, and his
| relations To other OF these gentlemen, referred
the whole subject To his official superior the At
| torney-Generd, who have appointed other gem
| tCmen 60 conduct his case. lie had however,
| conducted the mere formal proceedings of the
| ofhce, and the counsel for the defence would
| bear him out that he mad given them formal no-
| tice that he should move all the indictments
| against Mr.. Tweed al this term, and had given
| them twice informal notice Ia the same effect
| Mr., Peckham added that this being the case
| In which the motion was maze to quash the in
diotment the case was actually In court.
| Mr., Field proceeded Ia controyert this, but
was interrupted 10y Judge Brady, VINO said hat NJ
| next Monday would be the beginning Of the
December term, and only two working dayF
would be lost, he decided, a. there was In hif
| mind some doubt, to adjourn the hearing TO that
| term.
| Mr.. Peckham, thercupon. gave formal notice
| In 0lasaN.. tk..A