New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-17

TRArED-THE INTERMINABLE INDICTMENT
RyAD AFTER DfLAToRY MOTIONS ARE WORN
TUREAD-BARE-THE DEFENDANT FINALLi
PLEADS.
Probably there never was case at law thaV
illustrated more effectively the ingenious eyasons 10
which counsel resort dsconcer the aims OF Justice
than that of the People agt Tweed. Since It's ineep
ton the history OF It's progress II indeed Its tardy course
can be called progress, has been series OF rena ko
trumphs on the part of tho attorneys for the ueich
over the not less counsel for the prosecutors anu
this has undoubtedly due partly to the lack OF TOTO
sight and want OF careful arrangement OF 'nc
basis of the indictments, the part OF the latter anu
nartly TO the Ieneney which the law Is always bound 10
dispayoward the accused. Perhaps the proceedings
Yesterday were the most remarkable Oh any 'ha' nav"
vet taken place, and certainly the crowd present "S
the most dense Mr.. Tweed appeared early III MS aoe
toned place. and at once gathered about MN te Sno,'
of his legal force Mr.. Fullerton, Mr.. Burril MI teu'
Mr. Graham the two Bartlets, and Mr.. Root. Mr. SUI
yan rose and repeated his usual morning sanitation 10
the Court; moye that Mr. Tweed he now directed !"
plead to the indictment found on the 18th OF oetoDc
PLEAS FOR DELAY.
Mr. Burri said he understood that there was
another Indictment for felony In the court on winch "
understood they were to argue a motion To quash.
Justice Ingraham said he saw no propriey IN not oS
posne of this Indictment until after the motion on the
other made.
Mr. Burri said that he pressed it as the matters no"
IA NJ before
ment Of the other motion. The Court would remember
that had rejected certain adavs the ground that
they were made on mere information and belief ana
thero we're other grounds be presented which, as inc
two hfdayits were found Oh the day, might apply
to both.
Mr. Pcckham said there was bundle OF afiidaYts on
the other sdo as large man could hOld III MS manu.
and this was part Of datory system by when tho ue
PENDANT dragged preliminary matters discuss
ing each objection section by section 80 10 Speah' o
one giving MIN more and more time. - ,,,, -, oro,
Mr. Peckham said II they were To 20 on taking up aIgu
ment on each separate count at least s. years W0uu DC
occupied, which would exceed the lifetime Vi TIC AZ
J1dce Ipcraham said the motion quash was denied
being made insufficient grounds and cOuld not pe IT,
Mr. Burrlll offered another affidavit ground for re-
\ opening the motion to quash.
Mr. Teemain said these frivolous delays unpreee,
dented in the history OF American Jurlsprude hee am
to trial. The application now afier so many de! was
to rcargue a motion already decided IL was eJn'rta
10 All practice bring the opinion az the court ana
then endeavor to reopen the matter suppose th lno
lion granted what was TO- prevent them from uohe
was allowed the parties who He'd from the country wee
fools for all they had to do was 10 lnierp1se oV5
yoying serious interests aud accusations he pro
tested with all his energy against one moment 'ih0l
After little more talk in which Mr.. Bartlett threw
In the Judges face the impeachment of Barnard Tor
| issuing improper orders Judge lngraham positively
denied the motion, founding his decision on the Judg
MIR Gra6am sai that all that remained now were the
mofions TO qnash on the other two indictments which
counsel believed be bad Any action III reference TO
the big Indictment now before the Court should De
postponed until after an Original nSIn 19I ~, sIe
proved his Honor might not bo able to reconcile IL VIII
Judicial fairness to put the defendant on lIl Ior Tue
Judge insaham said the motion to the first indct-
mcn must he idered denied but he would near the
motion to the otbcr III the course Oh the Jay ,,
Now came an entreaty from Mr.. Peckhain that IWeed
be directed TO plead to this Indictment hrst consul
taton of the lawyers TWeeds side OF the tsble
followed, resulting in the presentation by Mr. BuIIl o
done By Mr. Peckham in the Grand Jury room, ana
stating that ON the second nation testimony was
taken only the Keyscr and Garvey charges. -
Mr. 1rcmain asked u that man was G,ahd NJ 1uror MI
then said he should object for disclosing what
public policy and the oath Of the Grand Juror forbade
Again Mr.. Pcckham demanded plea from Mr.. Tweed
Zone moment" said Mr.. Burrill, like a drowning man
catching at a straw. demur to the first ndict
ment VIII he be allowed to plead over AGAIN IN case tue
NO" replied Mir. sullivan seriously, while his eye
tMe sd tG GSSse ri g N OF e m
Judge Ingraham-Iet him plead. 800
No! mol" still fought Mr. Burril, mot yet not YETI!
Judge Ingraham-DO you decline TO plead
THE "BIG" INDICTMENT READ
Mr. Burrll hesltated. cast down his head moment,
and finally said, in low tone, " Yes"
NO. we DON'T" iuterposed Mr.. Graham sharply,
gaining his feet by his associates SIDE; we want TO
know what is in the Indictment Let II be read"
This last resort the successful OF the day. and
as sure a means OF gaining delay any for which the
Law is famous. The Court, equal TO the emergency
could only say, as it did promptly: VERY
well Mr.. sparks, you may read tue
indictment" The hall horrided look with which the
CLERK glzed alternately attthe immense black volume
aud at the impassive face OF J1dge Insraham, upon
which gmmered the faintest shadow OF SMILE caused
aug all over the room, aud well it might when II Il
considered that this volume OF l050 pages full ~ ngres
and as interesting unabridged dictionary, must
occupy the rate OF two mlnnes 10 the page - hours
OF continuous ding counting the usual number OF
hours in the day 10 niue days. In Tact, every
body saw the suberfug, everybody saw the farce and
laughed IL, commenting freely ON the aouteness
winch had brought IL about. The learned and dgnhcd
counsel for Tweed laughed and chuckled, as II they
Thought the had nOChing TO do but % enjoy the
Joke at expense Of its valuable tne with prisoners
III tine dark cells at the TOmbs waiting anXlOu5y Tor
hearing the OF the poor clerk, VINO
by this tedOusly doing ont the must unnteresting
satemens clad IN the most OnOtOnOus language OF tue
law. Judge Ingraham walked away TO converse ID the
window with john McKeOn, John ID. Townsend and
tacle Tweeds counsel mean time did an immense deal
OF cOniernDg, every and then separating aud mo-
ment later the heads cOnyerging again. MI Bur
r n little later, went up 10 speak to Judge lngrhham
from whose gestures TO the Clerk one could
almost catch the whisper, III Is too pad! why Will You
be so foolish aud bOyishi'
When flesh and blood could stand il no longer, Mr.
Sparks gave handed the book 10 the Court StcnO
grapher The reading began at II o'clock; at o'clock 81
had been mastered, aud the reading stopped
then entered demurrer, in which the prosecution
Joined Judge Ingraham 0yerrued IT, ana called upon
The prisoner plead. Mr.. Field then put In plea OF
mot guilty" ana the trial set down for the hise
Monday In January The crowd then slowly dispersed.
specializing the possible benefit derived from this
to the conclusion that it was unsoved problem best
answered by shake Of the head.