The New York herald., 1872-11-27

Indictment was rcturnable in the December term.
He had supposed that that indictment was not to
be tried until the December term, Mr. Tweed not
being bound to appear until that time. Mr.. Tweed
had appeRed on the previous motion, under the
impression that it was the forgery, indictment
under which they proposed to proceed; but there
was areal misunderstanding ana the counsel hav.
ing been very busy in preparing papers very
yoiumlnous in the 100000 600 civil Suits were. he
Thought, justified in insisting ON tins misuDder-
standing as reason for not trying this case; cas-
Mr. Tremain insisted that week ago Mr. Tweed
and his counsel had fully understood what case was
before the Court; that the terms OF the recog,
nzance being in the ordinary a6yt orm ne haa Gs
fendant had been allowed all rcasonaDie
privileges, having been given last Tuesday whole
been allowed to make a motion entirely out oi
order to avoid delay and that the present motion
seemed to him merely for delay and q trihing with
Mr. Fullerton repelled entirely the idea that he
was trining with the Court, and du not propose 10
take the technical dyantage that the e, defendant
did not appear, but they had notified the pr0secu-
tion of the objection en- saturday;
Mr.. Pcckham said that they had notified the
defence OF their intention to go on.
Mr. Fullerton did not deny this, but claimed that
tom tom OF Of the District Attorneys Office might be it
could not be binding on the Court or the defend
ant in lace OF the direct words OF the recOgni-
District Attorney Garvin cited Reals case, where
the "next term" was not held to exclude other
terms.
Counsel for Tweed had argued the case, and in
II the question was whether trial by a Court of
Oyer and Terminer at subsequent term to the
''next" was valid
Mr.. Sullivan reminded the Court that in the
Stokes case similar question had arisen ard been
decided In the way the prosecution had desired
Defcndant's counsel replied that in that case Mr..
Young had been the mouthpiece, but Mr.. Sullivan
Judge Brady said he had then good legal ad-
wiser, but the question OF whether the defendant
could he compelled TO plead before the return day
doubtful decide:
once plead. The doctrine OF waiver was not Ia
vored In criminal cases, and he should not insist on
the defendant pleading at this time.
ANOTHER INDICTMENT
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 had no
notice OF this trial.
Mr. Sullivan said that they had given general
notice OF all the indictments.
Mr.. Tremain asked whether 1t was necessary.
when the prisoner was in Court, to notify him.
Such thing would be notice to leave the
country.
The Court inquired what was the custom OF the
District Attorneys ofcc.
AIr. Garvin replied that he had, on account of
his previous connection with Mr. HAL and his
Jerred the whole matter to his official
superior, the Attorney General, who had ap-
pointed other gentlemen to conduct this case
He mad, however, conducted the mere formal
proceedings OF the office, and the counsel Tor the
defence would bear him out that ne ma ilad given
dcuGents against Mr.. Tweed at this term, anu mad
given them twice informal notice to the same
effect.
Mr.. Peckham added that this being the case in
which the motion was made to quash the indlct-
ment the case was actually in court.
MIR. Field proceeded to controvelt this, but was
interrupted by Judge Brady, who SAID that as next
Monday would be the beginning OF the December
term, and only Two working days would he lost, he
concluded, as there was some doubt in his mind, to
adjourn the whole matter to that term.
Mr.. Peckham thereupOn gave formal notice In
open court that on the first Monday Of the Decem-
ber term the prosecution would be ready pro.
coed. And so another breathing time has been
frin1