New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-06
TIE COURTS.
THE TRIAL OF TWEED.

THE TRIAL OF TWEED.
JOHN GRAHAM's FIRST SERIES OF oBJEC1oNs-A
PROTEST AGAINST JUDGE DAvIs's PRESIDING
AL THE TRIAL.
Messrs. Tremain, Peckham, and Allen ap
peared yesterday in the oyer and Termner Court as
prosecuting counsel when the Of The People agt
Vim. NJ. Tweed" called. Messrs Fullerton and
Bartlett appeared for the prisoner Tweed was accom-
panied by his son and his private secretary.
RxJudge FulertOa said that before any proceedings
were taken would hand in paper which the counsci
for the prisoner had gued Judge Davis took the paper
and, CHANGING IT, appeared surprised ard inde-
naat The paper il understood protest against
Judge presiding the trial Mr. Tremain asked
10 see the paper Judge Davis handed 1t 10 him,
marking that IL a most extraordinary document,
and contained many statements at variance with the
truth and counsel must be Of the iasity OF the
statements Mr. Peckham after reading O said il was
Indeed most extraordinary document, and put in at
extraordinary time just after all the preparations
had been made for the trial.
Judge Dayls-The time extraordinary and the
document Is itself extraordinary one statement in ii
hasn't a bit OF truth Il IL.
MI Bartlett said counsel believed the paper stated the
facts, and II Judge Davis . saint from Heayan,
they would take the
Judge Dayis-It wOuld be hard to make me believe
that counsel any else attended the last trial
believed IN the truth OF that statement
Mr. Fullerton asked his Honor 10 refer 70 the point
70 which be seemed make particular objection Judge
DAVIS declined to do and said he would and con-
brethren OF the district TO the action 20 PC
taken ON that extraordinary document The Court then
took q recess until 1880 p. N.
After Judge Davis came back at 1870 p, m, the Court
being then crowded ~ excess, his Honor briefly
announced TO the counsel for Mr. Tweed that he would
take notice at present OF that extraordinary docu
Mtut containing untrue statements which the counsel
had HANGED IN john Graham asked for an opportunity
10 tnow that the statements were not untrue.
Julge Davs-Hayc NO lear but that opportunity VIII
Mr.. Graham protested that the defense were the best
Judges OF the proper ne 10 prove that the paper was
1.-The csc mus 70 on now M Grapam asked that
they be allowed TO take exception.
Judge D4Yis-NO exception any lawyer could see
that there is nothing 10 except co.
Mr.. Bartlett tsmllmg!y)-But your Honor, viii you
ton which believe 20 be unustf Give us an oppOr-
tGnity TO yindicate ourselves TO your Honor.
Judge Davis (sevelelYl-The counsel may perhaps
bear mind that il they under an mputa'on tue
Court 50 Will be under an imputauon. No acton Will
Mr. Bartlett (stil snilinc)-Is that decision fixed
that your Honor win not hear one reason why, IN fair
10 us and IN justice to yourself your Honor ought
TO actf
have ample opportunity. Inc case must now proceed
Mr.. Graham Immediately wheeled about and said he
would here inteTpOse an objection lie objected 10 the
jurisdiction tie Court. The Court has no jurisdiction
over misdeneauors except IN special cases, and Tue in
ferred % ReYIsed Statutes, Laws OF 1866.
Judge Davis briefly disposed Of the objection. He
SHOW cd that II the statute making the special Sessions
,,ri, -5e Ger AMI ..ralief t,,rf 81 a. ',ib rrvyer
hut also the Geraru sessions, which l. eIIy0W rel by
ho 90 ~, - y, AZ @ ''I 90 -. S1i,
investigate ofenses within that class the true cOustrIc
ton Of the section tnt 10 directed now Onruses ~
that class thcn pending in the Special Sessions, 10
he disposed of-thaO misdemeanors over winch that
court lad jurisdiction.
Tnc bgors summoned were then called, and after they
had answered 70 their names, Joseph W. Wentworth,
furniture dealer called 10 tine witness stand. Mr.
Graham challenged the juror before he sworn. on
The ground that ne had formed expressed opinion
10 the prisoners guilt, aud demanded triers the
challcuge. H argued great length that the Law
witch took away ne triers on the principal
constitutional and makes mockery OF the challenge
Judge Davis decided against hlm, ana exception Was
taken. Mr.. Wentworth then examined and ex-
Richard G. Greene, No ia East Twenty-ninth-st.
excused. Owen {. Owens satOuer, of NO.22l West
Fourth st., admitted that ne had opinions gult
or innocence o tnS accused Dut IN answer u Tie Judge
he sad he beHeyed he could render impartial verdict
Judge Davis then decided that the challenge
sustained anu TIE oeiehse TOOK exception Exception
S. taken every instance TO the Courts acting as rier
and 10 every statutory question asked Nj. Graham
then challenged the juror the ground first that he
had personal bias against the accused second that
he has prejudice against him the charges third,
that ne has prejudice against him account OF
general character. The witness smiled. Mr.. Graham
basteDed 70 assure HIN 10 KIND Of legal ordeal that
each juror has 10 20 through and no imputation against
him
before acting trer, the Court take the
presented for ters in Freeman agt tue People We sup
tina, Ofice, which IS not a judicial one, II
take the obligation which previously imposed on
the tT!ers. False the point with all respect.
the rer,ons and tficSltsas 80 az
Law making the Court The trier such a new one
& an, f1 70 Tears 11 the D,stTiet he cane from y no
tired kinds of challenges himself But the question
raised aD1ut his tallng oath was a novel one.
Judge Davis then related good story about how a
prisoners counsel demanded That constable on duty
in the sworn and bow the court refused the de-
mand Counsel took exception. and the refused
u allow exception, and sand he should have 70 follow
Nj Gralain-Will your Honor allow me the benefit of
81 exception
Judge Dayls-Certainly.
Tue Court then adjourned.