New-York tribune., 1872-07-17
TAMMANY IN COURT.
THE TWEED CONNOLLY, AND FIELDS CASES
ARGUED AT ALBANY.

THE TWEED, CONNOLLY, AND FIELDS CAsES
ARGUED AT ALBANY.
EXTRAORDINARY SESSION OF THE SUPREME
COURT-THE RIGHT OF THE STATE TO BRING
AN ACTION AGAINST NEw-YoRK CITY Off
GALS ADDRESSES By CHARLES OCONOR,
Z. w. sToUGHToN, AND s. G. COURTNEY
ALBANY, July 1G.-The suits by the Attorney
General in behalf of the people Of the State OF NewYok
against Tweed Connolly Fields and others, up for
argument to-day before the Supreme Court. General
Term the Hon. Theodore Miller Presiding Justice, and the
Hon. Platts Potter and John NJ Parsons, Associate JUS
tees THIS session OF the General Term in the height or
the "unprecedented heated term" may well be called
ian extraordinary session" 1t Is certainly watched and
its results will be read with great interest," for this Is the
first application the statute OF 1870 giving the Cover
nor the power session OF the Supreme Court
when in his discretion the occasion Is one OF such ma
tude and Importance as to warrant exraorday meas
ures.
The argument to-day grows out OF decision OF
Judge Hogeboom which is appealed FROM The Tweed
and Connolly suits substantially the same embracing
the came questions and governed by the same decision
The suit against Tweed is familiar 10 all az the s6OO
suit and the principle involved is the right OF the Atr
ney-Genera to bring these actions against Tweed ana
OF hers for alleged fraudulent abuse OF Official trusts MI
Tweed demurTed upon the grounds Q that It appeared
upon the face OF the complaint that the State had no
right bring the suit; ( that the complaint dld not
that it appeared upon the face Of the complaint that
there defect OF parties defendant in the omission
OF the Mayor Aldermen, and COmmonaly Of the City OF
New York and W in the omission Of the Board OF Super
visors OF the County OF NewYork. The demurrer was
argued on the 5h Of last June before Judge HogeboOm
sitting in Special Term, who long opinion, In
which he overruled the demurrer. This decision was
appealed from to the General Term, and Gov. Hoffman
deeming the case Of sufficient magnitude and
inn directing
General Term to convene to-day in extraor-
dinary session, to hear the arguments upon the
vulings of Judge Hogeboom. Considerable difficulty was
experienced by the counsel and judges in finding suit
able to sit in, place Of convenng having been
stated The counsel first assembled at the City Hall
but were told that the courtroom was at the capitol
At the capitol the of the Court of Appeals was
found to be undergoing repairs The Senate Chamber was
deprived of its furniture which has been sent to Saratoga
to make the Senators comfortable during the trial oil
George g. Barnard but that chamber atas decided
upon and after chairs and desks had been brought the
court opened. formidable array Of counsel appeared
on both Sides Charles OConor, Samuel j. Tlden, and
Wheeler II. Peckham representing the people; Z. W.
stoughton D. d. Field, Wm. Fullerton John L. Burrill
Willard Bartlett ST. and jr, Samuel j. Courtney, John
Graham Elihu F. Root and Messrs Beach and Rey nOds
appearing in behalf of the defendants
Judge Miller as he had opened the Court sug
gested that as the to in any event to the
Mr. Field for Tweed wanted TO know how that could be
done; certainly not without judgment. II the Court
affirm the order below, the consequence must be that
there TO be trial. and there must be an Investigation
now in order that the Court Of Appeals may have some
thing to act upon. He should never consent to such
decision unless it judgment which the learning
and intellect Of the Court imposed
Mr. Beach suggested that they might affirm the order
and stipuatethat Judgment should be given for GER
tain amount with the agreement that in the Court
OF Appeals should affirm the judgment, the defendants
should be at liberty to and try upon the merits
Mr. Bartlett-suppOse, after full investigation, as one
OF your Honors remarked that he should come TO
the conclusion that the order ought to be affirmed the
consequence would be the same, very true but the dis
tincuon is ths That If, after full investigation, you
should come TO the conclusion that it ought not TO be
affirmed it would make vast and aimportant dlHer-
ence 10 the defense and conceive that the defendant
has already been deprived OF great constitutional
right when an opinion is given in a case involving
Sc O00O00 with the declaration accompanying IL taI te
ustice who gave il too sick 10 look into the au
thores affecting the decision, and that he had no delO
crate opinion upon the question: The view was taken then
that it made no difference TO the defendant which way
mat demurrer decided at the Special Sessions, Was
that opinion correct Has 1t made no difference THIS
most extraordinary General Term mas been caHed IN
and other great results will follow II there
is an Affirmation OF this opinion without an inyest-
CATION Mr.. Bartlett mstanced the case Oh Judge
9hase OF the supreme Court, who impeached for
having delivered an opinion before nearing the arg-
ments 5f counsel, and asked what difference there
would be between the two opinions. He then cautioned
the Cont against such a dangerous precedent. He
Mer announced that they were disposed to
hear argument and deliver their OPINION aisStNAII'
but said in reference to the decision at Special Term AZ
inded to that it had been practice in the llld
Judicial District in cases involving sometimes very 6e
amounts for the Judge to make the formal decision M
Snecia Term and allow the TO go further and such
practice had not been considered reptehehspe' II WAS
done only 10 expedite Duslness'
CHARLES o'CoSoRs REMARKS
Charles O'Conor said: proposition is made that we
should take judgment for some specified amount and
leave 10 the defendants to withdraw their demurrer ana
Mead TO 90 TO trial in the Court Of Appeals should
affirm your Judgment We will take this into considera-
ton as the argument advances II s Mt 20 say that we
are dealing with parties and numerous cOin-
sell How far might agree or disagree ABOUT stIpui-
admits Of very eonsldera9e @ aI
i'm the proper conduct OF these andlrs, nave NY sen
doubts whether We ought 10 spuate P e fo n
cross leaving it to be guessed by the context r dutY
think 1sR not this dase right on without listening
to any form Of proposition which may CONE ron ee
% he "a soon as he had got the concession, flew from
me and would do nothing think the people expect
I'm reference 10 the time will require, can take as
long as YOU will us, but in this question say an-
nant FOR nearly 80 years that there is not the
shadow OF doubt relation TO these points, ana yet IL
Iu MN them Although argued by able counsel, yet
in themselves PGTGnOuneo and 'hep aIrvgsy SIwayys
said from the beginning that honorable and upright
yonJ never he found ia this State TO express even
doubt upon the subject and when this question
the Court OF Appeals would DO ready " t ~. &
thing possessed, that not ganDnng lhal not ohe
single Judge of that court would express p aonot,
eb lass Give vote In favor OF these idle pretenses
tten nm there in the City OF New-York, such as are
Usually gotten up by parties who have no defense upon
,he merits Therefore, do not see how you could Wrlte
any opinion OF any considerable length upon the SUD
ject -, os,, 4, ,ou will allow me 10 answer
,bt emrkabe speech which has just been made IL Is
nnealled for and uIJustihable . . -. A.. .
ba Court declined TO grant the request at that mo-
roant some conversation then ensued between the
Court and counsel 10 the time TO be occupied IN aSn
Ut omts The Court thought the Tweed and Connolly
ueht 10 be argued together. II was finally agreed
~ ,r honrs 10 each side arguing the Tweed and