The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1873-12-02
TWEED's SENTENCE.
Twelve Years In Prison and a
Fine Ot ol3, l3,750-.1nserest1ug Alb.
straCl Ot the JUDGES ReknarkA.

"tsvO uV0sN ~ tGtSOu ouO u
Fine Ut Ga, ,750-.1mserestIug Alb.
stract Ot the Judges Rs<nartA.
NEw York, Nov. 22-The Court of
Over and rerminer was densely packed
this morning, owing TO the interest r..
the Tweed case. Counsel for the prose.
cu'ion and defense were all present.
Tweed entered the room, followed BY
two Deputy Sherffs. who have been his
custOdians since convicted
John Graham began his argument on
the motion in arrest of judgment, hol
ding that the act of the Legislature ta-
king the power Of audit from the Board
of Supervisors, aud creating a Board
of Audit, Of which Tweed was a mem
ber, was unconstitutional; hence his
client was not liable for the acts CON-
mitted under the unconstitutional act
This and all other points raised by
Mr.. Graham were overr,iled by the
court, When lie concluded his address,
which Was after recess, Mr.. Tremaine
moved the prisoner be sentenced on
each saplfate Count in the indictment,
subject Only TO such notifications as
the Ju lge, in his cle,nency might make.
Mr.. Graham struggled to avert the pen
atty asked fof, and failing, gave way to
his emotions. Tweed seemed very
much affected.
The counsel having concluded their
arguments, Judge Davis said it would
be unmapiy in him to seek to evsde an
apparent Conflict between views ex-
pressed in the first trial of the prisoner
and those now held by the Court. H.
said he entere'! upon the present trial
holding the same views as at the first
trial !; ths. the prisoner could be sen-
fenced, if found guilty, to but one year
in p iSnn anil pay fine of $3.50: bur
had Changed those views after Consult
ing all accessible authorities on the SUBJ
ject After stating that by the verdict
Of the jury the numher of convictions
were fifty one, the Judge said:
"if any one thinks it is agreeable for
me to pass such jud sment, he is mista.
ken, for would have the acceptance Of
this position on other shoulders. |
shall not shrink from any feeling of its
harshness or severity to prevent per
fortiante of my simple duty; never
theless, / nave the power, and 10 pro.
nOuncing jud I'm mt I shall try to exer
else 1t so as to temper Justice in some
degree with merty. It is deeply to be
regretted that the Legislature has no,
provided long sentence an8 punish.
,nent to Characterize offenses of this
kind in different forms. aud tx penal
ties for each offense where corhmit,e,1
in different forms from those which
may be imposed by onr statues Pub
lie officers who rob the people by ap
propristiug the public moneys and al
low others t, do so through their in
st umentali,y or connivance, are unfnr
tunately in the state Uf our law not te
be adjudged felons or punished br i'm
prisonment in the State prison. but es
cape under forms of indictments fol
misdemeanor. subject for each to pay 6
penalty Of $3.50, or single year in the
peniteatiary If this was general yer
dict this would he all that the court
could impose, notwithstanding he los
for his own use more than q $1,000 il
the manner d-sclihed. II there was 6
general verdict rendered the Cour
could only pass through the faricial per
formsnce of rendering jud. nent oI
$3.50 fine or one years imprisoum nj
for the audacious robbery of the city
and county Of more than one millior
dollars.
"Uader the verdict the Court has lar
ger powers, which it will exercise, ant
hopes with prudence and due regard tt
the interests Of the public to make al
example" Tweed was then ordered tc
stand up, which he did slowly, and or
heing asked if he had anything to say
why sentence should not be pronuun
ced, replied, almost inaudibly, Moth
ing" his counsel adding, "He has spo
ken through counsel" Judge Davis
then resumed:
"William M. Tweed. you stand con
victed BY the verdict of twelve homes
men of large number of crimes char
ged against you, uni'ed in one indict
ment, and that verdict, in the opinion
of the Court, could not have been 9th
erwise without violation of the oa,h
which the Jury had taken and utter dis
regard OF the obligations under w!Acl
they rested, to speak the truth and TIT
whole truth. With all the opportunit.
you had, you saw fit TO pervert tn
power with which you were clothed il
a manner more wicked, more infamou
and more outrageous than any instanc
Of like character which the history o
the civilized world contains. lnstea'
Of projecting the public you pluuderet
it Instead Of standing guard wher
the law placed you. over the treasur.
Of your county, you threw that treasur.
open, not merely to your own rapacity
but also to the avarice of your assu
ciates, under circumstances which max
it clear that, you were engaged in con
certed conspiracy to plunder the treas
ury OF this county, in which yoursel
and your associates in crime were prin
cipallv to benefit The evidence in thi
subject can leave no manner Of douh
in the minds of any. The compence
ment of it all was the entering by yot
on those duties as President of tn
Board of Audit on the 9Th of May =
The very next day after tha, your caree
Of plunder began, and from that da
forward consecutively, till the Who'll
one hundred and ninety accounts be
fore the Board had been audited an
certified. and warrants Issued and th
money paid. The evidence is conclu
sive that the whole proceeding was ir
stituted to carry out plan to enric
yourself and those associated with you.
/ The Judge here, in vindication of tn
non-partisan nature Of the prosecution
alluded tn the Times in first giving Hg
ures on the light, and TO the great as
sistance rendered by Charles O'Cono
and Samuel j. Tilden in the preparatio
of legal proceedings. and then contir
ued: at would be wrong and unjust
entertain the idea that your convictio
has been the result of persecution s
the hands of any person or party.
has been the result Of evidence SO clea
aud plain that never have seen a cas-
where evidence was so utterly Owe