Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-11-28
THE SENTENCE OF TWEED.
TwELvB YEARS IMPRISONMENT, AND A
FINE OF $12, 100 IMPOSED. THE RE-
MARKS OF JUDGE UAvis.-THE Con-
vICT IN THE ToMBs.

yICT IN THE T0MBa.
New YoRK, November 22.-At the
opening of the Oyer and Tertniner this
morning, Mr.. Graham continued his able
argument in arrest of judgment in the
Tweed caee. lie made a long argument
on the question OF the jurisdiction of the
Court of Oyer aud Terminer to try misde-
meanors, urging that the Court of Special
| Sessions alone could try such cases. Mr..
Graham concluded his argument at 1928,
| and Judge Davis overrued all his motions
for arrest of Judgment, etc.
| When he concluded his address, which
was after recess, Mr.. Tremaine moved that
The prisoner be sentenced on each separate
count in the Indictment, subject only to
such notifications as the Judge in his Gle
mcncy might make. Mr. Graham struggled
to avert the penalty asked for, and, failing,
gave way to his emotions. Tweed himself
seemed much affected. Counsel having
concluded their arguments, Judge Davis
said it would be womanly in him to seek TO
evade an apparent conflict between his views
expressed on the first trial of the prisoner
and those now entertained by the court.
lie said he entered upon the present trial
holding the views he had entertained at the
first trial, that the prisoner could be sem
fenced. if found guilty, to but one years
Imprisonment and to pay fine of $3.50
but he had changed those views after con
sulting all accessible authorities on the
( subject. After stating that by the verdict
of the jury the number of convictions were
| tifty-one, the Judge said
IF any one thinks it is agreeable for me
to pass such judgment he is mistaken, for
l would gladly have the acceptance posi-
ton fall upon other shoulders. | shall not
| lch ~ frnn # har arcl pr
severity to prevent the performance of my
simple duty. Nevertheless, l have the
power, and in pronounciug Judgment l
! shall endcavor to exercise il SO as to tempt
Justice in some degree with mercy. 1t
| is deeply to be regretted that the Legisla-
ture have not provided a long sentence and
punishment to characterize oiienses of this
kind, in different forms, and lix penalties
for each ontnse where committed in differ
ent forms from those which may be i'm.
posed by our statutes. Public officers who
rob the people by appropriating public
monies, or allow Others to do so through
their instrumentality or connivance, are
unfortunately in the state of our law not to
be adjudged ielons or punished by impri-
soument in the State Prison, but escape
under forms of indictment for n.isdemcanor,
subject for each to pay penalty of $3.50,
or a single year in the penitentiary.
If this were a general verdict this would
be all the Court could impose, notwith-
standing that the prisoner took for his own
use more than a million dollars in the man
ner described. Ifthere were Il general YER
dict rendered, the Court could only pass
through the farcial performance of render
ing a Judgment OF $3.50 and one years i'm
prisonment for the audacious robbery Of
the city and county of more than oLc mill
lion dollars. Under the verdict the Court
has larger powers, which it will exercise,
and | hope with prudence and the example
to be made.
Tweed was then ordered TO stand up,
which he did slowly, and on being asked if
he had anything to say why sentence should
not be pronounced, replied almost inaudi-
bly,, nothing" his counsel adding. "lle
has spoken through his counsel" Judge
| Davis then resumed. william Nj. Tweed,
you stand convicted by a-verdict Of jury
of twelve honest men, OF II large number OF
crimes charged against YOU. united in one
indictment and that verdict in the opinion
of the court could not have been otherwise
without violation of the oaths which the
jury had takcn-au utter disregard with
the obligations under which they rested to
speak the truth and the whole truth.
With all the opportunity you had, had
public, to win the honor and respect of the
whole community, you saw lit TO pervert
the opportunity you possessed and the
powers with which you were clothed, in Il
manner more wicked, more infamous and
more outrageous than any instance OF like
character which the whole history of the
civilized world contains. Instead of stand
ing guard where the law placed you
over the treasury of your country, you
threw that treasury open, not merely to
your own rapacity but also to the advice
of your associates under circumstance
which make it transparent that you were
engaged in concerted conspiracy TO plum
der the treasury of this county in which
yourself and associates III crime were prin-
cipally to benefit. The evidence on this
subject now leave no manner of doubt in
the minds of any, that the commen cement
of it all was the entering by YOU on those
duties as president Of the Board Of Audit
on the 9th of May
The very next day after that, your career
Of plumber began, and from that day f +.
ward consecutively till the whole nineteen
accounts before that Board had been audit
ed and certified. aud warrents issued and
money paid. The evidence is conclusive
that the whole proceeding was instituted tC
carry out II concealed plan t0enrich your
self and those associated with you.
1t is in vain to suggest that your tra
and conviction have been the result of any
partisan feeling, that This was after all, Al
one Of the jurors summoned on the panel
expressed it., a struggle between the ins
and the outs' No, the whole struggle has
been n struggle between honesty and fra ud
between virtue and crime" The Judge
here, in vindicatou of the non partisan na
ture of the prosecution, alluded to the
Times in first giving the tisures the
light, and to the great assistance rendered
by Charles O'Connor and Samuel j. Tider
in the preparation of the legal proceedings
} and continued
Ii there were no other testimony that, il
my Judgment, would be cOnclusiyely estab
lished by the fact that Oh each of the seve
raj claims, as they were passed on and uiti
lnately paid, your share of the plunder wa'
clearly fixed and prescribed at "a per cent.
while the share Of your associates had beel
fixed by somewhat similar standard o
plumber. 1t is impossible to believe tina
in the distribution OF 100 cases, in whici