The New York herald., 1872-10-16
THE TWEED CASE.
Lamentable Ignorance Of Contending
el---MOtion to Quash.
Professional Structures on the Press-"Five At
torney Generals and One District Attorney
Prosecuting" and All at sea-Twoed in
Town-Congratulation Thereon-The
Case To Be Resumed To-Morrow

This case was next called on motion to quash the
indictments against the accused moved for trial in
the Court OF Oyer and Termner.
Counsel in this case altogether ignored the pres
Of the satellites Of the District Attorney and
would move an affidavit questioning the jurisdc-
ton OF the Court On the first day OF the term the
District Attorney moved that the case of Mr..
Tweed be set down for trial, and counsel did not
know until the papers announced it, that yester-
day was set down as the day for trial, by order OF
the Court and the District Attorney allowed the
motion to be adjourned In consequence for few
days. There was no indictment in this Court, ex-
cept one which could be quashed. 1t was found on
the 18th Of September in General Sessions. The
defence did not
PICK JUDGES
but the prosecution picked and judges, In
sulting ce-.G.- judges. lo being supposed impair
tial decision could not be had before the Judge
then sitting In General Sessions, Mr.. Twceds
counsel suggested the transfer Of the In
dictment to the Oyer and Terminer. in
February Mr.. Tweed was surprised to find him
self in the General Sessions OH five amplifled and
enlarged indictments, covering those now in the
Oyer and Terminer. II was then discovered that
two OF these new indictments were superseders OF
the Indictment in this Court which should, there.
fore, be quashed. His Honor would perceive the
indictments, and who ought to be put in the pilory
that the profession might gaze upon him. for having
caused, for political purposes a citizen to be ar
raigned on three indictments, when he ought only
to be indicted for one. The indictment in this
Court was for larceny; yet subsequently, in Feb
ruary, for the same offence, they indict him for
forgery and cheat In the General Sessions and held
present alleged indictment the people are made
TO occupy ten pages In describing the offence in
the first count, which was that Mr. Tweed obtained
the Mayors signature to blank certificate OF the
Board OF Audit in reference TO claims against the
county, which was attached to the bill and Mr..
amount, the whole forming creditors claim. The
second and third counts described the issuing Of
the draft on the Comptrolers order; the warrant
was made out payable to Keyscr & Co. The fourth
count describes the crimnallty OF Mr.. Tweed in
that he took the warrant SO countersgned and
took said warrant back SO obtained The truth
:. WXrsoS's ' PEkfIDY. '
the payees. Mr. Tweed Is charged with "iraudu-
lently obtaining said warrant" although it was
5 5sn as m as lis I a
dorsed warrant could not be converted to any
sss ss unless n tns By na as
Never were such cruel instruments OF the current
law used so recklessly. The sagacous pleader for
the people starts innocent agent and eventuates
a criminal one. lie starts out by making MIR.
Tweed compare with himself: that, first, he asked
for the paper second that he stole 1t, and third,
Tweed the criminal; the February indictments
make him an accessory with Mr.. woodward. I'm
less the prosecution meant to supersede this in
dictment for the Keyser order by the February
indictments they meant to persecute Mr.. Tweed.
They gave the Judge by those February indict-
ments the opportunity OF stamping into Mr..
Tweed's heart an affront such as never proceeded
from any Judge. And all these indictments were
found by the same Grand Jury, whose foreman, in
today's press bels OF counsel's associates for
asking what he had right to ask. The larceny in
dctment certainly super sedes the In this Court
hp
stolen and obtained by cheat
The order to which the present indictment re.
fers, being unindorsed either by forged or
genuine signature OF the payee, even II oil that was
alleged was proved, how could the Court charge
that anything valuable was obtained by cheats
There was hole In that indictment through which
MIR. Tweed was going to escape, and hence the sup
Elementary indictments In the General Sessions.
What counsel acquainted with criminal law could
bad on It's face and .relo dc SEP More than that.
even II Mr.. Tweed obtained the order In the way
stated, and that he forged the name OF the payee,
he committed no crime unless he issued IT, IL was
the issuing of the paper, not keeping 1t In his
the warrant from the bank he aid not convert 1t to
his own use, and they do not prove the second
count, the felonous conversion ofproperty.
MR.. O'CONOR RETIRES
Before the close OF counsels argument Mr.. Charles
O'Conor, who had been evidently close listener,
after conference with the District Attorney and his
prosecuting associates, retired from the court
rO0m 1t was clear that the public interest in the
proceedings vanished with him, Tor immediately
room.
REPLY FOR THE PROSECUTION.
Mr.. Peckham In reply, said this was the first
time they heard anything OF the forgery and larceny
indictments covered by this indictment.
Mr.. Tweeds counsel here read an aidavit to the
effect, signed last night by Mr.. Tweed, who is now
In town. that 1t was the first he or his counsel had
heard oft.
Mr.. Peckham said he was glad to hear Mr.. Tweed
was In town.
Judge Brady said the Court did not care TO hear
whether he was In town or not.
Mr. Peckhan, Ia reply to the allegation OF picking
judges, reminded counsel that IL at his suggos
ti0n the case was removed to this Court AS TO the
Judge from whom the case was removed there
could be no picking or choosing
Judge Brady interrupted by saying that he did
not wish to hear about picking Judges. He was
there by arrangement Of the Supreme Court last
year, and he sincerely wished he was elsewhere,
lie was present very reluctantly.
Mr.. Tweed's counsel said the only c0ntumeous
allusion to His Honor was contained IN some ex-
tracts rom the newspapers. He was astonished AZ
the daring OF some OF them, and IL only showed the
audacity Of the press towards our Courts.
Judge Brady-It is very immateria to the Court
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