New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-19

M nj,
neutrality-suspicious. AND ARGUMENTS OF
HIS COUNSEL
The Courtroom of the Oyer and Terminer
wa again crowded yesterday with the curious speca
tors who have always hurried together whenever the
case OF William NJ Tweed has been announced for trial
When Mr.. Tweed stepped briskly into the Courtroom
surrounded by the legal talent which no usually draws
about with him whenever tho law calls, and sInheu
upon the collected multitude. sort of sensational,
hum went through the room, and all stareu
at tho central figure OF tho proceedings no
though they never expected TO Obtain anotnoI
glance at o man Of whom the newspapers nave nau
mucl to say. When no settled down into his seat MS
counsel all gathered around bim-Messrs' orahain'
David Dudley Field Bartlett, and others On inc o.ner
side OF the table sat the Assistant DstrctAitorney MI
Sullivan, and his associates In behalf Oh tno pcopo'
Mossrs. Tremain and Peokham. In spite OF tnis i"'
OF counsel the days work amounted 10 very h'o W
side an adjournment until this morning Mr. uranan'
however. did not allow the opportunity ior ah ~ LIZ.
ment to escape, aud bewaied the persS'on0' "'''
which his client had been pursued.
Tho original Design II appears, was to call upon MI
Tweed to plead. but Judge Bradys taxing MS scat
Mr. Graham and said that he had motion 10 naAo
There was an order of Court DO settled Counsel
had asked the DisrlctAtoney TO send for the minutes
OF the Grand Jury of General Sessions for November
December and January, but instead OF getting tho
names OF the specific witnesses whose testimony each
specific indictment found, be received prlVao
letter from the DstricAttOrney not giving that niOr
nation In that letter furnished list OF witnesses
on whose evidence all the indictments were found Inc
witnesses named we're Richard Stout, Stephen O. Lyues
w. g. Courtman. Abraham s. Early, Andrew j. GarVey'
George W. Smith, and John ii. Keyser
MIR Graham the OF his remarks, referred, az
usual 20 private counsel and said he had received from
ex-Attorney eneral Champlain letter denying that
private counsel had right to interfere In the prosecu-
ton Counsel next read an affidavit OF the defendant
~ nofc
Attorney In October: "Your professed list OF
witnesses does not comply NTH the motion ,S o, B mr.
to redeem his compact and Il not to
dorse The names OF witnesses the back OF each lndc
lists OF witnesses applicable to each specific indictment
ON which the defendant gave ball. the minutes o OF
before Grand Jury at all II he was before them ana
mcnts then he conradctcd his testimony in court that
his correct, and that he only demanded
cent by MIR. Watson, since dead If he not before
them, then the list furnished was incorrect Counsel
serve defendants attorney, Willard Bartlett, lists OF
= n Thf SgRS 4S G scy y
TO the indictments 10 which II refers and stating me
names OF the witnesses applicable TO eseh % Ias
that the names OF the witnesses should De huose On
furnish the names and an not called upon TO make an
| order. -, 4. Ian a., .,,o,,u
Judge Brady-If he Is under no legal obligation, the
| Court cannot compel him 10 do so.
L
| lated TO furnish
Judge Brady-Does that enlarge his obgationl
Mr.. Graham-Hes, Sir. He has furnished list winch
| is not true, unless keyser sWOre falsely
Judge brady-Were all these new indictments In exist
ence when your motion was made
Mr.. Granam-Yes, sir. We have advised Mr.. Tweed, on
professional Oaths that II Is matter OF the grayest
Importance him, that be should know II there any
testimony before the Grand Jury TO found these bills
In England (POrtman on American Criminal Law,
400 the lists furnished, and In tins country also when
asked for.
Mr. sulivan-I ask that no immediate decision be
given Ii is difficult for tho DstrictAttOrney 10 know
absolutely and positively on what testimony the Grand
Jury In bringing in an indictment. do not know
any rule of law making it incumbent the Grand
Jury their secretary foreman 10 keep list OF the
witnesses they examined. II the motion Is pred
Gated the geDeman's PROMISE he might be appealed
personally. But how can 1.-THE DistrctAttorney know
what witnesses examined IL Is matter OF prdc-
tlce myself when visiting their always ask the
Grand Jury II my visit Is timely.
Judge Brady then asked MIR. Peckham II he knew any
thing about the hst9
Mr.. Peckham-I have doubt the purport Of the list
furnished give the witnesses before the oyer aud
Terminer Grand Jury, aud not the General Sessions
Judge Brady-I Will decide the motion tomorrow
morning.
MIR. Sullivan-On Oct. II an indictment was found
PENDANT Tweed Is In court. and move that he be ar
raigued and aekcd TO plead.
Mr.. Graham-And object. The papers are very bulky
aud we haven't had time to examine them. For some
reason. will prove by papers, Mr.. Tweed has been
pursued beyond all precedent. This Indictment was
served Mr. Bartlett late ON Wednesday night, ana
will prove that couldn't be ready to plead 20 IL.
shall make motion TO quash II.
Judge Brady postponed the motion to II o'clock this