The New York herald., 1873-11-06
TIE TWEED CASE.

extraordinary Proceedings on the Trial
of the Big Indictment-Court and Coun-
sci Exchanging Thrus.s
Protest Against the Jurisdiction of the
Court.
Yesterday morning Messrs. Tremain, Peckham
and Allen, as prosecuting counsel, appeared in the
Oyer and Terminer Court, aud the case OF The
People vs. Tweed was called. Messrs. Fullerton
and Bartlett appeared for the prisoner. MIR.
Tweed looks in robust health. He was accompa-
ned by hts son, William NJ. Tweed, and his private
secretary.
Ex-Judge Fullerton said before any proceedings
were taken he should hand in paper to which the
associate counsel for the prisoner had agreed.
Judge Davis took the paper and, glancing
over 1t, appeared surprised and indignant
The paper, 1t is understood, was a protest
against Judge Davis presiding at the trial.
Mr.. Tremain asked TO see the paper, and Judge
Davis handed 1t to him, remarking that it was
most extraordinary document and contained
many statements at variance with the truth, and
counsel must be aware OF the falsty OF the state
nents.
Mr.. Peckham (after reading it) said it was in
deed most extraordinary document and put in
at most extraordinary time. just after all the
preparations had been made for the trial.
Judge Davs-The time Is most extraordinary
and the document is itself extraordinary One
statement in II hasn't a bit of truth IN IL.
Mr.. Bartlett said counsel believed the paper
stated the facts, and II Judge Davis was a saint
from heaven they would take the same course.
Judge Davis-lt would be hard to make me be-
3ieve that counsel or any one else VINO attended
the last trial believed in the truth OF that state
Ar. Fullerton asked His Honor to refer to the one
point 10 which he seemed to make particular
Judge Davis declined to do SO, and said he would
20 and consult his brethren OF the district as to
document
The Court then took a recess until halfpast one
O'Clock r. M.
After Judge Davis came back to the oyer and
5ermner Court, at hali-p past one O'Clock p NJ, the
Court being then crowded to excess, His Honor
brleny announced to the counsel for Mr.. Tweed
that he would take no notice at present OF that
extraordinary document containing untrue state
ments, which the counsel had handed In.
Counsel asked for an opportunity to show that
the statements were not untrue.
Judge Davis-Have no lear but that opportunity
Counsel protested that the defence were the
pest judges OF the proper time 10 prove that tue
Judge Davis raped decisively and said-The
case must go on now.
Counsel asked that they be alowed to take ex-
ception.
Judge Davis-No exception; any lawyer could
zee that there is nothing 10 exceptto.
Mr.. Bartlett-But. Your Honor, VIII you allow US
TO rest all through the term under an imputaton
which we believe TO be unjustY Give an oppor-
tunty to vnGicate ourselves to Your Honor.
Judge Davls-The counsel may perhaps bear In
MIND that II they are under an imputation the
Court also Will be under an imputation. No action
WILL be taken on that paper.
Mr.. Bartlett-ls that decision so fixed that Your
Honor VIII not hear one reason why, in fairness to
u.s. In Justice TO Yourself Your Honor ought to actf
Judge Davis-rhe time will come when you Will
coed.
Counsel Immediately wheeled about and seized a
iegal tome lying on top oil pile OF similar interest
1nR volumes on chair behind MIN, and said he
woulu mere nterpose an objection. lie objected to
the jurisdiction OF the Court. The Court has no
jurisdiction over msdemeanors except In special
cases, and the indictments charge nothing but mis-
demeanors He referred to 3, Revised Statutes,
Judge Davis briefly disposed OF the objection He
showed that II the statute making the Specal
Sessions Court for trial OF misdemeanors be con-
etrued 80 as TO deprive the oyer ana TerIniner
Court OF all such power. and also the General
Sessions which Is empowered by name to try mis-.
Oemeanors, OF all jurisdiction over them, and also
deprive the two Grand Juries OF all power TO In
vestlgate offences within tnat class, the true con-
struction OF the section was tnat 1t directed how
offences OF that class, then pending Ia the SPECIAL
Sessions. we're to be disposed of-that is, mis-
demeanors over which that court had Jurisdiction.
Upon this ruling OF the Court the trial OF the big
Indictment must go on.