Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-11-23
NEW YORK.
Boss Tweed to Serve the State
Twelve Years i'm the Penitentiary.

Twelve Years i'm the Penitentiary.
NEW YORK, Nov Z 22.-The Court of
Oyer and Terniner is densely packed this
morning owing to interest in the Tweed
case. Counsel for the prosecution and de-
Tense are all present: Tweed entered the
room followed by two deputy Sherifis, who
have been his ctlstodians since conviction.
John Graham began an argument on a mo-
ton in arrest of judgment, holding that the
| act of the Legislature taking the power of
| audit from the Board Of Supervisors and
creating the Board of Audit, of which
Tweed was a member, was unconsti-
tutional. Hence his client was not
liable for acts committed under
an unconstitutional act; this, and
all the points raised by Mr.. Ora
ham were oyerruled by the Court. When
he concluded his address, which was after
recess, Mr.. Tremaine moved that the pris-
oner be sentenced on each separate count
on the Indictment, subject only to such
notifications as the Judge, in his clemen-
cy, might make. Mr.. Graham struggled to
avert the penalty asked for, and failing,
gave way to his emotions. Tweed himself
seemed much affected. The counsel hav-
ing concluded their arguments, Judge
Davis said it would be unmanly in him to
seek to evade ali apparent conflict be-
tween the views expressed on the first trial
of the prisoner and those now entertained
by the Court. lie said he entered upon the
present trial, holding views entertained at
| the first trial, that the prisoner could be
sentenced, if found guilty, to but one
| years Imprisonment and to pay fine Of
$3.50, but had changed those views after
consulting all accessible authorities on the
| subject.
After stating that by verdict OF the jury
the number of convictions were fifty-one,
| the Judge said, if any one thinks it is agree
able for me to pass such judgment he is
| mistaken, for would gladly have the ac-
| ceptance of this position fall upon other
| shoulders. ! shall not shrink from any
| feeling of its harshness or severity to pre-
vent the performance of my single duty.
Nevertheless, | have the power, and in pro-
| nouncing judgment | shall endeavOr to eX-
ercise it so as to temper justice in some de
gree with mercy. 1t is deeply to be regret
ed that the Legislature has not provided
| long sentence and punishment to charac
terize offences of this kind in different
forms, and fix penalties for each offence
committed in different forms from those
which may be imposed by our statutes.
Public officers who rob the people by apprO-
priating public monies and allow others to
do so through their instrumentality or con-
nivance, are, unfortunately, in the state of
our law, not to be adjudged felOns or pun
| ished by imprisonment in the State prison,
but escape under forms of Indictment for
misdemeanor. subject for each to pay pen
atty of $3.50 or a single year in the peni-
Tertiary. If this was general verdict this
| would be all the court could impose, not
withstanding that he took for his own Use
| more than million dollars in the manner
| described. If there was q general verdict
| rendered the court could only pass through
the farcial performance Of rendering judg
| ment of two hundred and fifty dol
| lars fine and one years Imprisonment
for the audaciOus robbery of the city and
county of more than a million dollars.
| Under the verdict the court has larger pow
ers, which it will exercise, and hope with
prudence and due regard to the interests of
| the public and example to be made.
Tweed was then ordered to stand up
which he did slowly, and on being asked if
he had anything to aywhy sentence should
not be pronounced, replied almost inaudi-
| bly, nothing" his counsel adding, he has
spoken through his counsel.
Judge Davis then resumed: "Wm. NJ.
Tweed, you stand convicted by verdict of
a Jury of twelve honest men of large
| number of crimes charged against you
united in one Indictment, and that verdict,
! in the opinion Of the court, could not have
| been otherwise without a violation
| of the OathS which the jury had
| taken an utter disregard of obligations
under which they rested to speak the truth
and the whole truth. With the OppOrtu-
nifty you had, had you faithfully performed
| your duties to the public, to win honor and
respect of the whole community, you saw
| fit to peryeIt the opportunity you possessed
| and powers with which you were clothed,
| in manner more wicked, more infamous
and more outrageous than any instance of
! like character which the whole history of
! the civilized world contains. Instead Of
protecting the public, you .plundeTed it; in
| stead of standing where the law placed you,
over the Treasury Of your county, you
threw that Treasury open not merely
! to your own rapacity, but also
| to the ayaTiCe of your associates
under circumstance which makes it
| transparent that YOU were engaged in con-
| certed conspiracy to plumber the treasury of
| this country, in which yourself and your
| associates in crime We're principally to be
| benefited. The evidence on this subject
can leave no manner of doubt in the minds
| of any that the commencement of it all
was the entering by You on those duties
as President of the Board Of Audit, on the
! 9Th of May. The very next day after
| that YOUR cover of plumber
began, and from that day forward
| consecutively,tillth the whole one hundred and
ninety accounts before that Board had been
| audited and certified, and warrants issued,
| and money paid, the evidence is cOnclu-
! sive that the whole proceeding was insti-
tuted to carry out concerted plan to en-
| rich yourself and those associated with you.
If there was no other testimony, that, in
| my Judgement, would be conclusiyely estab-
lished by fact. That on each of the separ-
ate claims as they were passed on and ulti-
mately paid your share Of the plumber was
clearly fixed and preScibed at "A per
cent; while the share of your
associates has been fixed by some
what similar standard ofplunder. 1t is I'M
possible to believe that the distribution OF
100 cases in which the monies were re-
ceived on these warrants that just "A per
cent 0feaCh sum should always be allowed
to you, without a concerted engagement
that this exact sum should be your fixed
proportion of monies OF which the county
should be plundered. 1t is in vain to sug-
gest your trial and conviction has been
the result Of any partisan feeling,
that this was, after all, as one of the jurors
summoned on the panel expressed it, a
struggle between the ms and the outs. No;
the whole struggle has been struggle be
tween honesty and fraud, between virtue
and crime The Judge, here, in vindica-
ton of the nOn-partisan nature OF the pros
ecution, alluded to the Times in first giving
figures the light, and to the great assistance
rendered by Chas. O'Conner and Sam'l }.
Tilden in the preparations of legal pro-
ceedings and continued. 1t would be
wrong and unjust to entertain for mo-
ment the idea that your conviction has been
the result of persecution at the hands
of any person or party. 1t has been the
result of evidence so clear and plain that
never have | seen case where evidence
was so utterly overwhelming, and where it
was so impossible for jury to fail to come
to inst and conclusive verdict.
Through the whole OF this trial you re-
NAMED up to the very moment of your con-
viction as calm and serene as though you
relied upon your innocence, when it was
overwhelmingly apparent to all OF your
| sara,,;t,- voc only flat audacitV that conf