The New York herald., 1872-12-17
Another Day of BurIesque
Legal Tournament.
The Ex-Bess Still Butting Against
the Prosecution.
READING OF TEE BIG RDlCTMENT.
Tweed Through Counsel Pleads
Not Guilty.
The Trial SIT poWn ier the First Monday
in January Next.

in January Next.
Yesterday was fixed upon as the closing day OF
the argument OF cOunsel in the case OF The People
against William M. Tweed for the renewal or pro-
ceedines in the case, when II was understood that
the exBoss would appear and plead to the indict-
ment against him. The court room, at the opening
OF the doors, was quickly Gned, every spot OF sit
ting room, standing room and coignc Of vantage
being almost instantly taken possession or greatly
TO the inconvenience Of many who had business
there, but who with great difficulty found places 10
;ransac. the same great deal OF the dificuhy
and inconvenience experienced by lawyers and the
press owing to the absence OF all foresight and
discrimination the part Of the subordinate court
officials who first allowed the court room 10 be
jammed and afterwards roughly refused admit
tance to those having legitimate and pressing bus
ness there.
About haifpast ten O'Clock Mr.. Tweed put in an
appearance. Inside the bar the prosecuting coun-
scl--kr. Assistant District Attorney Algernon 81
Sullivan and Messrs. reckham and Tremain-were
already seated. Soon followed in the steps Of
their client Messrs Field, Fullerton, Burrill and
Others After some preliminary criminal business
reported In detail below and just al eleven O'Clock,
Mr.. Sullivan rose ana moved that william NJ.
Tweed be directed TO plead 10 the indictment
against him.
THE LAWS DELAY PUT IN NOTION
Mr. Burrl said he understood that there was
ACKNOWLEDGEMENTS for felony in the court, which,
he understood, they were TO argue q motion TO
quash.
Judge Ingraham said he saw no propriety in not
dlsposing OF this indictment until after the motion
on the other was made.
Mr. Burrili said that he pressed IT, as the matters
now to be brought before the Court might lead him
TO allow a reargument OF the other motion. The
Court would remember tnat in the opinion II had
rejected certain affdavits on the ground that they
were made on mere information and belief and
there were other grounds to be presented which,
as the two afidavits were found on the same day,
Mr. Peckham objected that this was part Of dila-
tory system by which the defendant dragged out
these preliminary matters discussing each objec-
ion section by section, so to speak, cacn one giving
him more and more time.
Mr.. Temain spoke to the same erect at some
length, pointing out the various delays which had
been already made ana the indefinite delay that
was now asked.
favor these dilatory requests and saw no reason
why he should grant any reargument OF the motion
he had decided. The defence should have pre-
sented all their grounds Of motion.
Mr.. Burrill then asked leave to read an affldavt
Judge ingraham said that in addition to what he
had said before, he wished to say that when Judge
Brady postponed these cases last term it was on
the express understanding that the motions be
argued at the opening OF this term. He therefore
denied the motion OF Mr. Burrll. Counsel wished
TO- TO- correct the Court on matter OF facts.
the first Monday. When last Thursday the
counsel separated 1t was understood that
the motion to quash on the remaining indictments.
Mr.. Burrill did not now propose to argue the
the Court reasons why the indictments should
be quashed. II II should appear from these mo-
tions that the Court should not have denied these
motions to quash, would 1t be consonant with His
HonOr's sense OF justice to have the defendant In
the position of pleading defendant when 1t ap-
peared to him that the indictment was fatally de-
ective
After some further urgency on the part OF Mr..
Fullerton and Mr.. Burrill the Court consented to
reconsider the motion he had decided in view OF
anything that might then be developed.
THE AFFIDAvlTs.
After a considerable delay for consultation be-
tween Mr. Tweeds counsel. Mr.. Burrlll recited the
his motion to reopen the argument OF the motion
to quash the Indictment already decided. The
was based the fact that his allegations were on
Information and belief; that he had no power to
compel those who could speak positively to make
affidavit but he had such persons by subpoena in
The court r0om and had the points as to these
aflidavits been taken on the previous argument
they could then have supplied the defect by the
oral examination OF such persons. The decision OF
the Judge was he understood, based on that
ground Counsel also presented the affidavit OF II.
j. Collins, setting forth what was done by Mr..
Peckham in the Grand Jury room and stating that
on the second examination testimony was taken
only on the keyser and Garvin charges.
Mr.. Trematn asked II that man was Grand
Juror.
Mr.. Tremain said II that had appear he should
have objected to any statement OF II as disclosing
what pubic poncy anu tne oath OF the Grand Juror
regulred snouia hot oe oisclosea:
Ine SouI' saio the Mo'ion VI MI burTni Must pe
deniea. ,.., ,..,. 49,. .,,,..,,,
SounseI asheu wne nc lney snou,u consldeT thls
1n th seaeana Va "He'nei 'ne Sou'' "ouiu Us
rEn ~ Wy ,easo9' sois .. ,,ra. - .,.u..., -
erai denial. '"'" - "l''' - unuo's'oo" as asen-
eiu, ~ 1nrriu tben osraa ,ooyo 90 rooro - o,a,
oorta,n nf the ~ cnnn,s ~ 1s"'o W AAo'e " 9uash
Thn Cnprt said that tbev rroro not on,i.,oa ..
,bat rho defence cnnia tare adva o @ w th, ~ w.
demurrer ~ "e' - 'AiS ~
NJ nvrr,u .hon ,oovod % c,oen an 49, oo,,... -
which. by Collins, arndayit. It appeared the Grand nd
Yr Mnv, ho ~ yhoS No avtdanca "PP01Sa NC ul"nu
'u TIIis % mofion was denieG
NJ nrrriIi tnftwet tod tbat rraor .ho o,.o,..
n.a,.oa A. r,-and -,~,, -. r.,aa ~ VI Sui-