The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-01
Tweed's Unsatisfactory Trial.

| The result in the Tweed trial will be a
genuine disappointment to every lover OF
even-handed justice in America It will
be a disappointment no less. we should
imagine, to Mr.. Tweed himself than to the
prosecution. Even if this were not So and
Mr.. Tweed would be content to accept that
disagreement of the jury as sufficient balm
to his wounded feelings, the overpowering
opinion of the community that justice has not
been done would compel the legal representa-
tives Of the people to continue the proceed
ings We therefore emphatically support the
proposition that a new trial be had imme-
diately if within the limits Of legality it be pos
sible We do not for moment enter into any
discussion of the guilt or innocence of the
prisoner; but, in view of the tremendous
questions of such vital interest to good gov
eminent, we desire to see the deliyerance be-
tween the people and Mr.. Tweed wrought out
to absolute conviction or acquittal
It is an unsavory business and one whose
revelations must have made men blush for
humanity, whether looking at the accused or
at the principal witness for the prosecution.
Whether the statements Of Carney be credible
or not, the result of contemplating them must
be equally sense of disgust. To see man
glory, almost, in his own shame man who
carries, as he admits the peoples money in his
pocket, is not a delightful thing; nor is it
pleasing to think that, in proportion as we
believe his story, the brand of dishonor must
be fixed on man who has stood in high po-
sitions of trust in the community. As the
matter at present stands we are debarred from
forming final opinion upon the guilt or inno-
cence of either-that is, such an opinion as
we may trumpet forth without the possibility
of any man disputing it. This opinion is
what new trial should bring us.
The disagreement of the jury yesterday
leaves the people with their hands tied
Tweed cannot go forth a free man, nor can he
be committed to prison. Carney, the States
evidence, cannot, under the disagreement,
plead having done service to the people in
exchange for his self-condemnation. We
must, then, look at the informer with the
money which he confesses to have wrung from
the public Treasury still in his possession,
and only ask each other wonderingly, what
are the authorities going to do about it? The
public might well afford to wait for trial
months hence if it was certain that justice
would be slow but sure result. In the
vaporings Of counsel; in the lines of defence
which admit the frauds Of everybody but the
prisoner at the time in the juries refined
down to the lowest grade of intelligence, we
see no certainty of any such happy consum-
nation. There should be no excuse for fur
Their delay on the ground of exhaustion of
counsel, for the exhaustion of public
patience is matter of far greater Importance
We want to know defnitively whether Mr..
Tweed is criminal or an injured man, and
the longer this question is left in allegiance the
worse for the institutions we wish to preserve.
If the cumbrous machinery of the law courts
will admit it, we ask for fresh trial Of Mr..
Tweed Immediately.