The New York herald., 1873-11-09
THE MYSTERIOUS TWEED PAPER,

Did the Counsel for Tweed Accused
Judge Davis OF Unia irncss or Privatoi
Political Fecung Against thes
Boss .-Tho Relationship OF A. De-
Barber and His Honor--Judgc Full
lcrton and willard Bartlett Declares
the "Mystericus Paper" TO BE q Mere
Legal Protest.
There is considerable excitement in this city
owing to the prevalence Of i number OF rumors,s
which have been industroIs!y circulated during
the past few days, to the erect that the paper
which was handed to Judge Davis on the first day.
OF the Tweed TRIAL contain u some mysterious
statements rejecting upon the learned gentleman
who presides in the Court OF Oyer ald ferminerj
The "mysterious papern has been discussed by the
quldnuncs until i. has assumed awful proportions
and every one is anxious to know what II con-
tains.
A HERALD reporter called In the Court OF Oyer
and Termlner and made an effort to solve thes
mystery which has placed the counsel for the
de .ence In rather serious position. At thes
adjournment of the Court, and just as Judge
Daily had sterHiy warned the three jurors who
had been obtained OF the sacredness OF their
duties eX-Judge Fullerton vas briefly lntervieweda
as TO TIE contents OF the paper.
REPoRrER-I take the liberty OF asking you tcf
inform me- Judge, OF the uature OF the contents OF
the paper which was handed to Judge Davis by
one Of the counsel ior Mr. Tweed on Wednesday,
JUDGE FULLERroN-I cannot give you that infor-'
nation, sir. 1t is IN the province OF His Honor
Judge Davis to read toe paper, as he will, no.
doubt before the close OF the trial; but for me to-,
do SO would be a contempt o, the Court 1t was,
entirely legal document or protest signed by all
the counsel for MIR. Tweed, including Mr.. Burrill,.
MIR. Bartlett and myself.
REpORrER-I do not wish to involve you in any
trouble, Judge but VIII you answer me II there
that MIR. A. D. Barber mad called upon Judge.
Davis in behalf OF Mr.. Tweed and had asked His
Honor to treat the accused with leuiency or not
tn
had refused to entertain his proposition and had
declared that 1.-The conviction OF tweed was q.
political necessity, and that he mus be con-
| yictsd Z"
JUDGE FULLERToN-There is no truth whatever
in the statement, sir. 1t Is mere legal documenS
KapoRTER-Do the contents OF the paper in any
way reject upon the judicial character or pcrS0naL
integrity Of Judge Dayisr
Judge FuLLERroN lemphatcalyl Mot in any
there is no such sta ement ID the paper.
The reporter then stepped over to Wilard
Bartlett. ST. another OF the counsel Tor Tweed,
and asked the same questions and was answered
In like manner the same questions being pro-
pounded and the same answers glven Mr..
Bartlett stated that there was no charge OF the'
kind mentioned in the pager against Judge Davis,
ana tnat he regretted the hot temper OF the Judge,
who displayed some heat when he referred him
10 the Impeachment oil Judge Chase. lie wouldi
Ike to give the contents o. the paper for publca-
tiOn, but he did not dare TO do II, as 1t would DO
contrary 10 rule and would subject counsel TO q
charge of contempt OF Court.
Mr.. Bartletts son, also IN associate In the de-
fence. declined to give the contents o, the paper to
the press but admitted that the report that 1t re-.
nected upon the character oil Judge Davis was
totally false.
And thus a number OF malicious and un-.
founded rum0rs have been disposed OF, renecting.
upon the personal integrity OF one OF our hlghest.
judges. All three oil the counsel Tor Mr. Tweed
declined to converse upon the relationship OF Mr..
A. ID. Barber to HIS Honor Judge Davis.
TIE HERRICK BRIBERY CASE.
These reports and rumors have assumed consld-,
erabc Importance from the iact that 4 similar case
arose In the trial oil Alderman Anson Herrick In
the Court OF Oyer and Terminer IN OCTOBER 1855,
before Judge James j. Roosevelt. MIR. Herrck was
charged with taking a bribe OF s10C IN MS Official
capacity OF Alderman TO III, ther the opening and
grading OF some uptown street. James l. Brady
defended Herlick and objected TO having Judge
Roosevelt trying the cause, as he had been sub
p9naed in the case per rs0n,y, aud was sad TO nave
uttered some opinions upon the guilt or innocence
of the accused. The Judge however, refused TO-
listen 10 Ar. Brady, and tied the cause IN spite OF
all tnat could be done. TIE jury disagreed, eight to-
four, and Judge Roosevelt Is SAID to have appealed
TO the Almighty that he would try the case Impair
TALLY and without fear or lavor.