The New York herald., 1873-11-23

each one verdict may be rendered
accordin y; aud II they find, as in - case, par
tal verdict part and guilty as to the others
l am ar loss to see by what line OF reasoning the
| same consequences - should not follow in either
case. viz, that the Court must pronounce Judgment
Oh the verdict Tor separate offences. There are In
this indictment 30 counts rne jury nave found
| the defendant guilty on 204 OF these counts and not
guilty on III. The prosecution insist that each four
counts on each distinct claim contains two distinct
offences indepenuent OF each other OF such char-
| acter that two independents judgments may
be pronounced on each set OF tour counts.
Court snail lake Of the question whether these
several counts that cover the several ouences are
independent offences. In my jndgment the conn
sci Tor the prosecution Is not correct In tnat cla
inasmuch as each set OF our counts to ciaiin anu
to the conduct and acts alleged in the indictment.
eacn iour counts charge on different terms, lnough
they charge on three counts the statutory misue-
meanor and Oh the other common law one they
describe transactions touching the same crime
and the course OF procedure which brought it to
the receipt OF the money, they do relate 10 one
transaction ana there can be, under rhe rules,
but single Judgment pronounced upon the four
counts in each set and the Conrt, think VIII
pronounce no other judgment. That reduces tue
whole number OF CONVICTIONS in my Judgment, that
can be pronounced from 2o4 or 20. to 81, on each
set OF counts being 81 II any one thinks that 1t Is
agreeable for me to press such a Judgment he Is
mistaken, Tor would gladly have the acceptance
OF this position laien upon other shoulders. l
or severity to prevent the performance OF my
simple duty. NevertheleSs, have the power and
in pronouncing judgment shall endeavor to exer-
else 1t, so as to temper Justice in some degree
with mercy. have no disposition to follow the sug-
gest0ns OF any person lnilncal towards the deend-
ant, or OF any public feeling tnat may ior q
moment agitate and carry away the public mind.
| am here simply to execute the law by the impo-
sliiOn oil such penalties as IN my Judgment Will be
just and adequate, and so as 10 be an example.
1t is deeply to be regretted that the Legislature
has not provided long sentence and punishment
to characterize offences OF this Kind In different
FORMS and fix penalties for each offence where CON-
mltrcd, or different from those winch may be
imposed by our statutes. Public officers who rob
the people by approprlating public moneys to
themselves and allowing others to do 30 through
,aSr taItf III
lie treasury, vast sums such as have been taken
In this case, unfortunately In the state OF our
law, not to be adjudged Ielons or punished
by imprisonment in the state Prison. but escape
under forms OF Indictment for misdemeanor sub
Ject ior each 10 pay penalty OF $3.50 or u single
verdict this would be all that the Court would i'm
pose, Notwithstanding tnat he took ior his own use
more than $1,000, 0cO In the manner described. II
there were q general verdict rendered. the Court
could only pass through the farcica performance
OF oirenderng Judgment OF $3.50 fine and years I'M
prsonment or the audaclous robbery from the city
and county OF more thar $1,000, 900 Under the YER
d!ct the Court mas larger powers which Il VIII ex
be made
the Court to stand up.
Mr.. Tweed slowly arose, leaning his hands on the
back OF chair IN 'front.' OF HIM occupied by one OF
his counsel.
Mr.. sparks-Willam NJ. Tweed, have you any;
thing to say why the sentence OF the Court should
not now be pronounced against you. -
MIR. Tweed lin an lnaudible ev0ice)-Nothing.
Counsel-He has spoken through his counsel.
THE SENTENCE
Judge DAVIS, then addressing the prisoner
said William M. Tweed, you stand convicted by q
verdict OF jury OF twelve honest men OF large
number oi crimes charged against you united in one
Indictment and that verdict, IN tue opinion OF the
Court, could not have been otherwise without .
violation OF the oatns which the Jur, had taken
an utter disregard Of the obligations under which
they restedto speak the truth and the whole truth
the moment it was first presented the jury TO
the close OF the peoples case was simply mathe-
highly responsible and honorable pubic Office
yourself honored and respected by large class of
the community IN which you lived, and, have no
doubt, beloved by your asS0clates-you, with all
these Important pubic trusts devolving you,
with all the opportunities you had-had you iaih
fully fulfilled your duties to the public-Lo win the
honor and respect 0 the whole community, saw lit
TO pervert the opportunities you possessed and the
powers with which you were clothed In manner
more wicked, more Infamous and more outrageous
than any instance OF a like character which the
whole history OF the civilized world contains. In
stead OF protecting the public you plundered 1t.
Instead Of standing guard when the law placed
you over the treasury OF your county you
your own rapacity, but also to the avarice Of your
associates, under circumstances which make 1t
conspiracy to plunder the treasury OF the county,
in which yourself and your associates in crime
were principally to benefit. The evidence on the
of any. The commencement OF 1t all was the en-
tering by yon on those duties as President OF the
Board oil Audit on the 5th OF May, the date OF the
ganZatiOn OF the Board OF Audit. The very next day
alter that your career OF punder began-the 9th or
May-and IRON that day forward consecutivey till
the whole 1870 accounts before that Board had Deen
audited ana certified and warrants issued and the
money paid. The evidence is conclusive tnat the
whole proceeding was instituted to carry out
concerted plan to enrich yourself and those asso-
ciated with you. II there were no other testimony
that, in my judgment, would be concusivey es-
taplished by the TACT that on each OF these several
claims as they were passed on and ultimately
o hs at pe4
the share OF your associates has been
fixed by somewhat similar standard OF punder.
1t is impossible believe that the distribution OF
100 cases, IN which the moneys were received on
these warrants-that just "a per cent OF each sum
should always be allotted to you without an un-
derstandlng in advance by concerted arrange
ment that this exact sum should be your fixed
proportion or the moneys OF which the county
should be plundered. When we see machine
invented by some genius, turning out at cacn
olution a certain amount Of product and OF some
manufacture, we argue that there Is some mind
behind IL and we marvel at the reflection and
thought that have produced that result. The
suits in such form that It is Impossible not to see
that there lay behind IL concerted conspiracy by
winch you, in common with the others VINO shared
the plumber, were 10 reap the benefits ofyour great
and awful crime. 1t is In vain TO suggest that your
trial and convection have been the result OF
any partisan ieeling that this was, after all,
one OF the jurors summoned on the panel expressed
II, a struggle between the 'ins ana TIE outs" No.
The whole struggle has been struggle between
honesty and fraud, between virtue ana crime. 1t
~ true that prominent, able, honorable men OF all
parties united at once TO investigate and develop
tie true character OF these frauds Mr.. O'Conor,
who has been named IN connection with these
frauds in the course OF the trial, has aided in The
work--a man who holds the foremost rank in his
profession, and who stands without stain upon
his character, as pure ana noble man as any IN
this great clJy-immeaiately came from his retire.
ment to aid in the rescue OF tins great city from
the systematic course OF plunder to which 1t had
been SO long subjected. Mr.. Tlden, who stood as
the leading man at the head OF the Democratic
State Committee, devoted weeks and months OF toll
In icrretng out these crimes and ascertalning
through the bank account their extent and chaTac-
ter, TILL he was able TO lay bare the whole course
Of fraud and punder, as presented on this trial.
with absolute clearness and simplicity. The truth
II plain that man can iai to read IL. need
not name other prominent men OF your party VINO
took an active part In these proceedings, and
which led to the development OF these great frauds
ana to your conviction, IL would be wrong and
unjust u entertain for q moment the idea that
your conviction has been the result OF persecution
at the hands OF any person or party. 1t has been