The New York herald., 1872-11-19

Tweed was vne principal feature in the proceedings
OF the Court or Oyer and Terminer yesterday. It
having been known that this particular case, now
so long before the public and the Courts, though
hitherto so pertnaciOusly and successfully STAYED
on from actual trial, would be again the subject Of
legal tilt between the opposing counsel, large
audience was present at the opening of the Court
TO witness the proceedings 1t was also
expected that nOue prOseqm would be
entered in the case OF Mayor Hail.
The usual array of counsel was also present Mr.
Algernon s. Sullivan representing District Attorney
Garvin, Mr.. Peckham for the Attorney General and
Mr.. Lyman Tremain as private associate counsel
for the prosecution. For the defence the eX-B0ss'
principal taking counsel; also Messrs. David Dud-
ley Field, Bartlett and McKcon. Mr.. Tweed arrived
in the building some time before the opening OF
the Court, remaining in the ante-r0om till after
Judge Brady had taken his seat on the bench. He
then entered and took seat behind his counsel.
There was nothing In his appearance to denote
much mental or physical suffering from the revo-
luton in public feeling and sentiment against
him. or course he did not look the boss of former
years, when lie ruled the fierce democracy of
Gotham, and when his word was law to make and
unmake, to set up or to cast down. He
as quietly as possible entered the court room.
and although all eyes were turned upon him he
never once cast his own looks around until the
close OF the proceedings. few per,ons shook
quickly disappeared by side entrance and but
few outside OF the court room Identified him as he
abashed and brazen as ever, seemingly much more
delighted with his own easy escape In person and
pocket than as entertaining Thought Oh snpa.ly ~
at one time have declared himself unworthy TO
unloose.
THE PROCEEDINGS.
Counsel In commencing the proceedings said
that the defence had been taken by surprise by the
prosecution in the arranging Of the matters thus
OF MIR. Tweed; that defendants default had been
taken In a mean manner, the prosecution fearing
into Court and present certain papers.
Mr.. Peckham denied the truth of the charges of
reading OF any papers by defendants counsel.
Counsel said that there was an intense feeling OF
enmity on the part Of Mr.. Peckham against the de-
hams actions in the case. The proceedings here
toiore had been conducted so irregularly and so
unfairly towards the de cndant that 1t was i'm
proper at the present time for the prosecution to
press motion to have tle case against the de-
iendant set down for trial. He demanded to have
peared before the Grand Jury in the case of Mr.
Tweed furnished to him, and also the minutes OF
November, December and January last, the purpose
being to show that an Indictment had been found
against Mr.. Tweed upon wholly inadequate testi-
moDy.
Mr.. Trcmain said that these applications were not
in order; the only thing now in order being the
arraignment of Mr.. Tweed TO plead.
Counsel then read an affidavit of Mr. Tweeds, to
show that there was discrepancy in Mr.. Keyser's
testimony in General Sessions, and it was utterly
irreconcilabe with statements made by the prose
cuton in relation to the action OF the Grand Jury
in finding the indictments against Mr.. Tweed
Judge Brady said that the question OF directing
the District Attorney to furnish the list OF witnesses
examined before the Grand Jury was one not Tree
Mr.. Sullivan said it was not always possible to
furnish list OF witnesses appearing before Grand
jury.
Judge Brady said he would decide the question
TWEED CALLED UPON TO PLEAD.
Mr.. Sullivan moved that Mr.. Tweed be arraigned
TO plead to the indictment found against him by
the Oyer and Terminer Grand Jury on the 18th Of
last month, jointly charging hhl with Messrs Hall
on the city Treasury. MI. Tweed had never been
arraigned to plead to that Indictment, while both
MeSsrs hall and Connolly had.
Counsel said that this indictment had not been
served upon defendants counsel until last Wednes-
luminous document, which would require consider
able time to examine, especially as counsel for the
defendant wanted time to prepare arguments on
a motion to quash the indictment.
Mr.. Peckham said he had furnished portions Of
the indictments to defendants counsel from time
to time, and that all that was substantial in the
Indictment had been furnished to counsel two
weeks ago.
Judge Brady thought that the motion to arralgn
should be postponed until the motion in regard to
the furnishing OF lists OF witnesses had been dis
posed OF.
Tweed'S counsel that motion will he made this
morning that Mr. Tweed be arraigned to plead !;
that day be fixed for his trial and that the trial
proceed at as early a day as practicable.
Counsel said 1t was apparent that no fair trial
could be had nj present Mayor Hall had not been
acquitted account OF the strong prejudice ut
present existing against him ana those with whom
lie had been charged with having cOnspired to COM
init frauds. Mavor Hail. he said, ought TO have
been triumphantlN acquitted, the evidence having
utterly failed u sustain the charge against him,
and the Judges charge being exceedingly fair and
decldedy favorable 1or an acquittal but prejudice
overcame fair play, and majority OF The jury
favored Mayor Halls conviction. In view OF sucn
recent unfair action 1t would be unfair to put
MIR. Tweed upon his trial now, for though in
n0cent innocence itself 1t would subject
him to the action OF these very preudces Which
shut the eyes and ears OF the jury and render
them incapable OF deciding upon their verdict
from the facts submitted to them, or of being
guided by the sautary instructions from the
Bcnch. lie deemed 1t highly disrespectiul TO the
Court to push the matter upon its attention when
1t WAS engaged upon quite different matter.
Judge Brady-Supp0se the motion be made by
the District Attorney would not consider it dis
respectful at ALL understand the defendant will
be called upon to plead; what disposition may be
made OF that motion Is n thing cannot determine
now, or insnuate what that disposition is likely
i TO be-
The case was then adjourned.