The New York herald., 1873-11-21
Interviews with District Attorneys
Phelps and Allen.

PheIps ana Alien.
A herald reporter had an interview with
District Attorney Phelps and his assistant, Mr.
Allen.
REPoRrER-What do you think OF the action Of
the Sheriff in taking Mr. Tweed in his custody? Is
this habtuai
MI. ALLEN-lt is something wholly unprece-
dented, and without justification In any way /
have never known Sheriff TO do this before, and
hold that, while Mr. Brennan would certainly not
do 1t in the case Of poor man. he ought not to do
II because the prisoner is Tweed.
REPoRTER-Can you see any objection TO this
action when you consider that Tweed has much
business to settle up
Mr.. ALIEN see great dea OF objection to such
action. Suppose, for instance-whch is perfectly
supposable-that the two deputy sherns who have
him in charge connive in the escape OF the prls-
oner. II they came TO us with black eyes. torn
clothes, and looking badly beaten, we cannot
accuse them OF having helped the matter. We
should have TO take their story for granted, and
could not proceed against them. And when
consider the temptations they under, the money
that Tweed is able TO spend to secure his liberty
and the general bad look OF the case, l shall be
very much surprised, indeed, If fnothing happens be-
fore Saturday by which the prisoner does not turn
mp. When you consider the desperate character OF
many oil Tweed's friends and the love they bear
hardly hesitate at murder itself to get him away.
The deputy sheriffs might be perfectly innocent,
but cannot very small crowd overpower two
menY hold that Sheriff Brennan has no right to
take these risks He must know to what possDili-
ties he Is exposing us and to what a storm II
would give rise supposing Tweed did escape.
District Attorney Phelps silently assented to all
Mr.. Allen had said by noddng his head
Now the question comes,n asked the reporter,
turning to District Attorney Phelps, "Has Mr..
Brennan right to keep Tweed in his custody? ?n
10 n
Oner was given to the custody OF the Sheriff." an
swered District Attorney Phelps.
Il beg your pardonn interposed Mr.. Alien,
warmly, ..the commitment was not made out to
the Sheriff at all.u
lows
"on motion OF the District Attorney ordered by
the Court that the said w. NJ. Tweed stand COM
mtted to the custody OF the Warden OF the City
Prison oil the City OF New York until thence dciiy
cred by course OF law"
Mr.. Allen.
u beg your PARDON said Mr.; Phelps, Il thought
he was committed to the custody or tine Sheriff. AS
the case stands then, the Sheriff Is quite unustih-
able In his acton.n
"Do you know the whereabouts OF Mr.. TweedYr
NO" said Mr.. Phelps, II do not. have not the
slightest idea where he isn
but is there no way in which you can obtain
III the Court were In session. said MI. Allen,
s'there would be no difficulty We should go before
Brennan where Tweed s. But in the present case
the Court IL adjourned until Saturday, and we must
only walt tnc SneTlU 3 pcdsuTc. kHOW tuut Juuge
Davis did not mean that Tweed should be carted
round the city in this manner The Sherin simply
said TO the Judge shall take himr and the Judge
said Yes OF course meaning that he should take
him to the Tombs In the usual way. But Mr.. Bren-
nan construes this TO mean That he can take care
OF his prisoner until the time OF sentence. We shall
take good that he doesn't have him after That,
but that he goes straight to the Penitentiary.
REPoRTER-But is there not some attempt TO be
made TO have the penalty delayed
DISTRICT ATT0RNEy-There is only one way oi
dong this and that is TO move an arrest Of judg-
mcnt on Saturday morning by fling writ OF
error. But know the Judge won't grant this.
Then after sentence Is pronounced they will en-
deavor TO get stay OF proceedings, and for that
they can apply TO any Judge OF the supreme Court
An the State. But no Judge wonld grant such a
stay. believe the stay would enable him TO re-
was nowhere else unless bail was granted, which
would not be hkely,) until the Court or Appeals
has decided the question as to the exceptions
taken in the case.
REPoRTER-There is much difference OF opinion
respecting the penalty that the prisoner Is liable
90.
Mr.. AIIEN-we have figured IL at fifty one years
imprisonment, but presume he Will be condemned
10 about fifteen years., besides the fine.
REPORTER what becomes OF the other In.
dictments for felony, which you also have against
the prisoner7
Mr. ALLKs--oh, those win lie II would be Of
no use TO try them now that the prisoner is foand
guilty already 1t would only be IN case the Court
of Appeals reversed the decision that these indict
ments for forgery, and state Prison oHenccS,w would
be brought In case he goes TO the Penitentary on
these, however, the Others VIII not DC destroyed,
but will be kept
Mr. Allen said that lust as soon as Tweed was
once ipcarcerated then he should DC satisfied.
Mr.. Sparks, the gcTk ~ the CONF ~ osss Nh"