Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-11-27
aess. Fmeed. CONG to GrIes.

... NEW YORK, Noy %.
Tweed was brought into court this
morning for sentence. An immense
crowd was present. District Attorney
Phelps, with Messrs Allen, Tremain,
Clinton and Peckham, appeared for the
prosecution. 4fessrs. Graham, Root,
Fullerton and Bartlett were present in
behalf of the prisoner. As soon as
Judge Davis entered, Mr.. Phelps called
up the wTfts of haBeas corpus in the
case of Sarah Allen, Maggie Jourdan and
Laurence Phillips, and asked that they
be dismissed on the ground that the gen
eral sessions grand jury have indicted
them. Mr.. Howe, counsel for the pris-
oners, asked that the writs stand over
TIL Monday, as the point is raised on the
power of the grand jury to find bill
pending the investigation before police
magistrate The court 80 ordered. Mr.
Graham then commenced argument on
the motion for an arrest of judgment in
the Tweedscase, arguing that Tweed was
a senator, and probably was present
when the act of April 26, 1870, was
passed taking power from the board Of
supervisors and giving it to agents of the
new commissioners of audit, an act
wholly unconstitutional. After Graham
had argued at length on this and other
points, claiming that the court had no
jurisdiction, Judge Davis replied, eff
the act of 1878 changed the statute of
limitation, as claimed, being er parte. fac
to law, it and it alone is void, and has
no operative effect on existing laws. As
TO the law of 1878 abolishing the law of
1870, he would be slow to hold that it
wiped out the pending Indictment"
TWEED SENTENCED.
William NJ Tweed was sentenced to
twelve years imprisonment in the pen
itentiary at Blackwells Island. and to
pay fine of $12,7OO.
TWEED DISCOURAGED.
Saturday night Immediately after SEN
tence was pronounced, Tweed was taken
in charge by Sheriffs Shields and Cohill,
and by them taken into the rooms of
supreme court chambers. Tweed retired
to distant corner of the room where he
was soon joined by his brother and two
sons, with whom he engaged in earnest
conversation. The great criminal looked
an utterly broken man, all the old conf
dence that in days of his prosperity
had characterized his demeanor had
vanished, and in its place was an air of
dependency, that proclaimed a man
without hope. Even while engaged in
conversation with his relatives he kept
his head down and shaded his eyes with
his hand. About o'clock all, not i'm
mediately connected with the defendant,
upon an intirmation from the deputy
sheriff were requested to retire. Upon
this many of those present in the room
stepped up to where Tweed was seated,
and sorrowfully babe him farewell.
Toward 6 o'clock p. m. the sheriff took
the prisoner from the room of the su-
preme court chamber, and brought him
down to the sheriff's room. There he
was soon Joined by his counsel, and
measures were at once adopted towards
obtaining a stay of proceedings and
for new trial. At that time it just be-
came known that Judge Davis had SEN
fenced the prisoner to the penitentiary,
and the expression county jail, it APP
pears, legally, is held to designate either
the penitentiary or Ludlow-street iaif
A contrary impression, however, had
prevailed, and to such an extent that
Warden Tracy, yesterday afternoon,
had commenced preparing quarters for
Tweed, and was in momentary expecta-
ton Of his arrival at prison.
:. When the friends of Tweed realized
that the penitentiaFy was the destined
place of detention, they We're filled with.
dismay, as. was the convict himself. The
first quarter, it is understood, in which
an effort was made to obtain stay, was
from Judge Pratt. He, however, refused
to interfere with the matter; and said he