New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-20
THE TWEED TRIAL,
EFFORTS TO BLOCK UP THE CRIMINAL SUIT.


WEEK.
A crowd of the usual magnitude, curiosity,
and interest assembled yesterday morning the court
OF the Oyer and Termner 10 hear continuation OF
tho argument In the attempt OF the prosecution 70 have
VIM. NJ Tweed arraSned TO plead and TO have an early
day set for his trial All tho counsel who were present
the day before appeared again. and the most prominent
person In the whole proceeding also sat with themMr'
Tweed Judge Brady decided, in effect, that the Incl
dents OF the indictment could furnish no reasonable
ground for delaying tho proeoedings Mr. Graham then
made series OF suggestions, motions. and CRITICISMS In
the course OF which he threw down tho gauntlet at tine
feet OF the private counsel which Mr. Trenain TOOK up
manfesting some warmth and indignation. Tho pro-
ceedings finally postponed one week.
Judge Brady hrst passed upon the motion made on
the previous day by MT Graham that the
ney DO required TO furnish list or the particular wit
nesscs In each case, upon whose testimony the Grand
Jury found each Of the indictments against Mr. Tweed
He said that at common law the right did not exist 10
have copy OF the indictment Our law In reference to
furnishing copy OF the Indictment and its indorse-
nents Is predcaed the statute Of 1901 andrelates
exclusively to tho crimes OF high treason and misprson
II treason There law in the State requiring any In
of the witnesses made either by the Grand
Jury or tho DlstrctAtorneY. The practice had not
boen he was advised In this district to indorse the
names on the Indictment They appear upon the COM
plant when there is committing magistrate, ana IL is
the usual give the The result OF these
elements was there obligation on tho part OF
the DstrotAttorney the Grand Jury TO indorse tho
names on each indictment, and therefore tho District
Attorney could not he compelled In the absence OF any
such law or rule to 80 write the names. This being the
,ase and the Dl5trotAtorney having furnished gem
orally the names of the witnesses before the Grand jury
he has done all that he bound TO do under the stpul
ton assuming that stipulation to be binding, aud tho
Court thought 1t was. II it appeared that witnesses
n
ne thought the should be made as perfect "a the
minutes themselves and he understood they were as
perect as they could made though he could not see
how under our system, 1t was important
pnAToRY MOTIONS ARGUED
lir Graham-Does the Court take the ipse du of tho
DisrietAttorney TO tho names OF the witnessesi
move that the minutes o, tho Grand jury be brought
into Court.
Judge Brady-I don't think you are entitled to that
Mr. Graham-This information which now desire
IA in part intended to found motion 20 quash the in
dctment and certainly we are entitled 10 make mo-
ton of that kind before plead. Your Honor will per-
ceiyo that our extra Accomplishments differ little
from the spirit Of the law Ths case Is attempted 10 be
taken into hands where 1t shall not 90 without serious
and severe resistance mean In professional way, on
the part the counsel for the defense. Wo have allowed
these gentlemen thus far in order 10 enable us 70 pro-
coed with CELEBRITY 70 appear, saving at tho trla'
and we give them notice now that we take
TO represent tho people, bat that neither this
nor any other Court will permit grant those who are
politically and personally malicious to Mr.. Tweed TO
conduct the prosecution, and we have the papers on
which TO present objections. In such case gentle
men represent public and not priyato interest,"
though the developments OF their aidavits VIII show
that the matter Is entirely transposed and that they
represent private aud not public interests. Counsel
asked tho Court If It not proper 10 call attention to
the reasoning OF Judge Pratt in the OF The People
agt Norton.
Judge BradyI don't think it is proper TO make refer
ence 70 any on that subject.
MI Graham-Your Honor does not surely difer from
this part Of II until you have heard it roadi
Judge Brady (3harpyl-That is not proper course.
Mr. Graham (excitediy1-I ask your Honor II on ono
side Of the East River to be standard and
the other
Judge Brady Tapping with the sayeD--SIr Graham
Will not hear you Iconsi1er such remarks d'roSpoe-
full.
Mr. Graham (meeklyl-They are not meant So
Judge Brady (seyerelyl-such uttorances are some
thing that should not be INDUCED in.
TWEED AGAIN ASKED TO PLEAD.
Assistant District-AttOrney Sullivan moved that the
defendant be arragned.
Mr. Gtaham-ff your Honor please, have some mo-
tons that are in order.
Assistant DisrlctAttorney Sullivan said that the mo
ton for the arrangement Of Mr. Tweed for tho in.
dictment found in the Court OF Oyer and Temner
oct II, in which Tweed indicted jointly with Mr.
Connolly and Dir. Hall
Mr. Graham-Our objections 10 that are twO-fod.
First we intend a motion TO Quash that indct-
ment and in the second place. we have had no suli-
cent time ~ look into the indictment and that is the
shall consider first, with wow to determining
our course.
Mr.. Graham then asked leave % read an AFFIDAVIT ~
Mr. Tweed remarkDg that Il reelected the District
Attorney, he wished him 20 DO sent for. The AFFIDAVIT
Ia a1o Ara Iudfn
against Mr. Tweed found year ago, thoro had
been as yet no opportunity TO make any motion in the
Court OF Oyer and Tenner and that In reality the de-
fense had only five days notice Of the intention TO move
the for trial
Judge Brady--what is the object OF this motion
Mr.. Graham-To show that wo cannot be ready now
70 move to quash the Indictment plead to tho
dctment. Impeiiments have been thrown unuecO3-
sarlly In way. Before tho beginning OF this term
the DistrlctAttorney told that there % homi-
eide indictments be heard during this term, aud that
this case could not como on.
Mr.. Graham, in reading the adavts, referred to the
reports in the newspapers OF the lral Mayor Hail.
and said that Mr.. Tweed prejudeed BY thom 10
numerous particulars that fair trial could not well
be- had at this tme because OF tho undue prejudice
against him.
Messrs. Field, Bartlett Graham, Beach. and Fullerton
consulted together and then SIR Field said they thought
two weeks at least were necessary TO enable them
examine the indictment with view TO determining
which course they should tako. The Indictment was
first furnished him last night They did not say they
would then plead but would determine upon what
pursue. They had not yet agreed in consulta
ton what course 10 take.
MR.. FIREMAN. REPLIES VIGOROUSLY.
Mr. Treman-On the part Of the prosecution shall
earnestly object can 10 delay Of two weeks undor
the statement OF the counsel that he will not say that he
viii plead then but only give notice. This OF
matter which has been presented 10 e Court, perhaps
scarcely deserves answer and yet there two tb0o
things that ought not 10 suffer TO pass unanswered.
La Tho first plhCe, what Is Tho mOtOnl ls u for hme