New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-25
CONTEMPT OF TwEED's COUNSEL.

4 W
PLAIN WORDS FROM JUDGE DAyIs-A DISCLAIMER
FROM MEssRs FULLERTON, GRAHAM, AND
oTHERs-AN EXAMPLE To BE MADE OF ITEM.
| AS Judge Davis announced on Saturday, at
conclusion of the Tweed trial. the action of Tweeds
counsel at the beginning OF the trial in handing TO
the Judge protest against his presiding over tie case
intmating 1t his inability to decide mpartialy, was
| brought UP yesterday in the Court of Oyer and
| Terminer for criticism and Judgment. As re-
| quired by Judge Davis, Messrs Graham, Fuller
| ton. and Root, fand the two Bartetts, who
formed Tweed's bulWarks Of defense, in their
unusually early and occupied their spare time in
chatting pleasantly with their late antagonists, the
counsel for the prosecution. Beside the latter, the
courtroom contained many prominent lawyers, Judges
and ex-Judges among them the Hon. WIN. NJ. Evarts,
President Of the Bar Association, and Judge George c.
Barrett who were attentive listeners Judge Dayis's
rebuSe Of the counsel Genet, who has just been in
dicted for false preenses aud grand larceny sat In
the part Of the day, and taken for
lawyer he sat busy with papers of momentous i'm
portance TO him. Maggie Jordan, the young woman
arrested for completely in sharkeys escape from the
Tombs, trpped into court, followed by sherds officer,
and was Indifferent spectator, though interested
enough when her called little later.
As soon as the crier had opened the Court, Judge
Davis tapping mechanically with his gave the rail
OF the desk said TO the counsel for Tweed with dignity
Ill which there touch of severity In the matter
case Of the People against VIM. NJ Tweed touching the
presentation of the paper subscribed by David Dudley
Field John Graham, WIN. Fullerton, W. o Bartlett John
L. Burrin, Ehu Root, Willard Bartlett, and William
EggestoD are the counsel who were present on the
presentation OF this paper ready to be heard The
Court is ready to hear suggestions on the proper
action to be taken by the Court.
Mr. Fullertop-I don't know what may be the pleasure
OF your with reference to the order OF proceeding
Judge Dsvs-Wel, am ready TO adopt any order OF
proceeding that the counsel seem to think will best
enable them 10 present any views or suggestions they
have in relation to the paper and the proper action OF
the Court.
Mr. Fullerton-well, Sir, speaking for myself and my
associates present not prepared for that this
morning. because we did not contemplate that would
be the action OF the Court
Judge Dayis-YOu are not prepared
MI Fulleron-No, Sir; we are yet uniformed as 10
what particular part Of the paper is Objectionable.
Judge Davis-You can deem yourself informed by the
Court that the whole paper is Objectionable and that
the supposed objects and purposes VI the paper are OBJ
jectioDabe.
Mr. Fullerton-If this proceeding is in the nature Of
proceeding for contempt against supposed 1t
would take some form or shape that could give
some definite answer; and trust 1t will take that
form and shape.
Judge Dayis-I have disposition to take any step
which would preclude counsel making any expa-
nation from being heard most fully any legitimate
question that upon the itself from the
ture OF the proceeding touching It, II the counsel de-
sire statement with view 10 making any explanations
or answers It will be made In order that they may
derstand precisely the views the Court takes OF the
paper itself OF its objects and purposes, and Of the duty
of the Court TO take notice OF 1t.
Mr. Fullerton-Hayng jointly disclamed any inten-
ton to your Honor with any dlsrespect, don't
know that we could do anything more until we know
your Honor's views on the subject.
tnoloG vI,gaAh
been sent to this morning. have not the slightest
desire or intention take notice Of this the ground
that il contains any intent to- exhibit personal dsrespeot
toward myself The paper handed me this morning dis
claims have doubt that this disclaimer cor
The intent the object and the purpose the paper
not beeve-perhaps IL Is vanity III me 10 believe
SO much smng Ito cast any personal dlsrespect upon
administration of justice which the law cannot tolerate
and which the Court cannot overlook IL Is because or
effect upon the administration |of justice, and or lie
evil example. In judgment, IN It's influence upon
courts upon the bar itself precedent that feel
TO notice OF It, The disclaimer Is accepted IN
the spirit In which IL made OF the absence OF all
Intentional personal disrepec II 10 were simply per
sOnal matter, should take no further steps.
MI Fulerton-We are equally ready TO tisclalrn any
intention To manifest disespect toward the Court or 10
bring the administration OF justice into contempt The
part which had in Is fairly and honestly dis
closed In the communication your Honor has received
this morning don't know that the language Is com-
prehensiVe enough 10 include the Court, but was so
iDtended ana We have no hesitation in making It's terms
more broad and comprehensive
Judge Dayls-t understand this dsclamfr simply to
declare tat uhe presentation OF this matter the Oun
SCI had no Intention TO show any dsrespect toward me-
The language Is; IN drawing up and presenting that
paper nothing further from our intention than 20
show any disrespect toward you" And 1t thou pro-
goods THAT the psoer WAS intended for NV "~n '"'A