The New York herald., 1872-10-11
THE RING FRAUDS.
Bill Tweed and Tom Fields Before the Count
Of Oyer and Termines. AZ Ell.
Arguments of Counsel on Applica-
tions for Delay.

tions for Delay.
It having been announced that arguments would
take place In the Court OF Oyer and Terminer yes,
terday morning In relation to the dsposition Of ons
or more OF the "Rngn cases, large number q
persons were present to watch the proceedings.
Among the legal lights present were District Attor-
ney Garvin Wheeler II. Peckham, John McKeon,
David Dudley Field, exJudge Beach, Henry u
clinton ana John e. BurrilL Messrs. Garvin, Peck
ham, and Clinton, as prosecuting COUNSEL, sat
together on one side OF the table, the other counsca
sitting at the opposite slde Judge John II. Brady
sat on the bench.
THE TWEED CASE.
Counsel for Mr.. Tweed referred to q report In one
OF the daily papers OF the proceedings Of the Oours
on Monday, In q manner which gave q false I'm
PRECISION In relation to counsel connected with th0
Tweed case. He was not aware that the inaict-
mcnt In Oyer and Terminer had not been merged
into the one In General Sessions.
Mr.. Peckham said that the question now was e.
to setting the case down for trial on Monday next
DEFENDANTS counsel said the indictments bad nes
been merged, but rs there had been misappros
be Seer na moys e pa5 o
thus give Mr.. Tweed's counsel more time to pre-
pare Tor opposition to the motions he would require
enough time to consult with his associates, and he
presumed that at least two days. notice should be-
district Attorney Garvin suggested that saturs
day or Monday be set for arguing the motion to set
the case for trial.
appointed, and 1t was determined that the Dstrics
Attorney move on Tuesday to have day set for
the trial OF Mr. Tweed, counsel for the defendantto
be present to oppose said motion.
This matter having been disposed or counsel for
Mr.. Tweed complained that private counsel, act
ing 0stensbly for the people, had
ACCESS THE GRAND JURY
Il not snnS gh tns any other than me
Jury, but II such right was accorded to nominal
assistants Of the District Attorney, but who were
fendant should have the same privileges.
soy Ssyys oE Eas sa b Gs; as RE LAD al
Counsel said that private counsel had attended
the Grand Jury's sessions and had become cog
substantially given the Grand Jury advice. He be-
ieved he could show that what he stated was true.
Judge Brady said he could pay no attention to
statements based simply on reports; there must be
absolute proof he Would institute proper inqui-
ries, and II it was found that any improper COM
feniedy would Be hmm Immediately applied.
Counsel then expressed e. himself satisfied with
the assurance OF the Court. t::tt... ~ =,
Mr. Beach the IN moved S V e postpone Thomas
Fields case and to put 1t over for the term, the
indictments were for bribery In relation to 6re.
mems claims while Mr.. Fields was In the Assembly,
get thirty.fhree. and onethird per cent Of the
Fire Commissioners opposed the. claims and
they y.vsre were not paid Mr Fields was no!
ass e. in 1881 ee wSsa ssaSes tae 10 1885,
passed The gst OF the indictments was that Mr..
Fields received consideration for his vote or ser.
vices as member OF Assembly, in procuring the pass
ing Of the claims. The material witness was Rich
ard b. Connolly, the late Comptroller and 1t was
expected to be shown by HIM that he had audited
and paid ten per cent OF these claims without any
colluslon with Mr.. Fields. Neither Mr. Connoly's
family nor friends could tell where he now was or
at least denied that they could and his whereabouts
counsel.
lers office would be adequate proof or the auditing
and payment spoken OF, and the Comptroller was
that Mr. Connolly would ever appear, even ii he
was needed. He had failed to appear heretofore al
witness, and could not be found, and 1t was not
claimed now that he would be found.
Mr.. Beach said 1t could be shown that the fire
claims were inserted in the tax levy by Mr.. Con.
molly, without the knowledge OF Mr.. Fields, and
that the tax levy was so passed In the Legislature
as to leave 1t doubtful whether Mr.. Fields knew
Judge Brady said that it would be wrong to force
the defendant to trial. II there was any probability
that by delay an important witness Tor the de-
Mr.. Peckham said that there was no claim BY
the counsel for the defence that Mr. Connolly could
u
Judge Brady said that was the weak point In the
application for postponement.
Mr.. Beach In reply said that 1t was expected
to obtain Mr. Connolly, but it could not be certainly
shown that he could be obtained, but In 3
80 ssoua s Ss ssa nds m IN ~
his efforts to produce . material witness
to blame for Mr.. Connolly's absence
and should have some latitude allowed him In his
efforts to secure Mr.. Connoy's attendance. These
indictments have been allowed to sleep, but sud.
effort Is made to press the case to trial, and such
sudden action looked strange, at least
Mr.. Garvn thought that 1t was incumbent upon
the defendant himself TO come forward and make
ponement. The defendant knew whether he him.
self was aware that the claims were in the tax levy
when he cast his vote and the point In which Con.
molly could be considered material witness was
simply as to whether he, without any consultation
with the defendant, inserted the claims In the tax
defendant knew the claims were in the tax levy
when he voted for said levy.
Mr.. Beach said 1t was singular, when the TOmbS
was crowded with murderers and others awaiting
trial. that case in which the defendant was on
trial was so suddenly and vehcmently pressed to
trial.
Judge Brady said he would take the papers and
consider the question OF pOstpOnemcnt mainly on
the basis Of whether 1t had been shown that Mr..
Connolly has in reality absc0nded and cannot be
procured. The present impression OF the Court
was that there was not suIfclent ground for de-
lay, but the question should be closely examined
and decided at an early day.
This ended the discussion and counsel left the
court room.
FORGERY OF MERCANTILE ORDERS.
An Ingenious Young Man Who Oh.