The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-11-24

After the recess, Judge Davis took
his seat, and Graham again arose and
recovering his composure read from MIR.
Peckhsm's opening address, 10 show
that he at least then had no idea Of
anything more than a single punish
ment OF imprisonment for yeaEand a
fine OF $4,000, or something Sless.
In closing, the counsel eloqueutly said ::
mo man can mediate this occasion
without feeling something of the wo-
10 an in bis nature. May your Honor be
rnerciful," Tremaine briefly replied
to the counsel and cited come twenty
authorities TO sustain his speint, that
the Court conld sentence On ese( unit
ot the indictments. "a
! JSJge Davis sentenced Tweed to
twelve years imprisonment and Sl275O
fire. Tweed sank into his chair0yer-
come with emotion, There was great
uprosr when the sentence was CON
cluded. As soonTas Z4he sentencswas
known on the outside, the news few
like lightning and there was universal
rejoicing. Tweed looked as though he
ned lost his last friend; detected and
utterly broken down, lie held his head
between his hands and wept silently.
Judge Davis in rendering the decision
III the Tweed case to-day, said that even
during The former trial he had believed
there could be but one verdict and one
sentence and he came into the second
trial With the same views, but expressed
no opinion during the trial. He had,
however, Of late thoroughly considered
the question apd found number OF
cases holding exactly contrary opinions.
1t is probable that there never Was in
the history OF legal proceedings anI m
diCtment containing - many ofa ees
as this, but il VA - 80 hat The
principles being once c-ts".i*r.f, hat
the separate charges could bc united
in this manner. There could be No
limit fixed TO the number. Tiers ! "
20i counts, each set OF four counts cpY-
tanned one charge and there could "
but one single penalty on each. Tvs
therefore the duty o! the Court 10 pas
sentence on each set OF four counts
HE duty was an imperative one, IL
ne would temper justice with mcrcE
ard not exercise the full power vested
in him. 1t was his intention sitaplg
10 in 6iCt punishment adequate t1tie
oGeuce and which would iuInish psf,
example to others in rositloht
OF official trust. lie deep!A
regretted ,hat The LegisIatuIE
had not provide, ..,v punishment ft5
ting ior -,a.. y....-"s 3 this. TherS
wa. no way 10 reach it except BY la&
for misdemesnor, notwithstanding the
fact tbat the prisoner had taken from
the city treasury over Sl,OOO,OOO. III
the jury had given q general verdicF, he
would have been sentenced to one year
in the county jail and S25 600 fine; such
proceeding would have been farcica!
Under the verdict rendered, hovever, th a,
court had ample power. The PisonerA
was then arraigned and asked il he had
anything to say in his own behalf; Gra-
ham replied that the prisoner had al
ready spoken through his counsel. In
passing sentence, Judge Dayis said
the prisoner stood convicted of a
great number Of crimes. Instead
OF guarding the treasury he was apS
pointed to protect, be had plundered it
himself and permitted others to do the
came. The evidence vas clear and
convincing. He then briefly reviewed
the history OF Txeed's offences, after
which he proceeded to pass sentence,
Tweed at that trying moment stood
with his hands behind his back and
facing slightly forward. Sentence was
passed as follows: Oa the fourth count
one years imprisonment and $3.50 fine;
on the 9Th, 9th, 7th and Sth one year and
$3.50 fine; on the OH, l0Ih, llth and
10Th tie same; on the 18th, lith, 18th
and 10Th the same on the l7th, 18th,
10Th and 2Oth the same; on the DIST /
22d, Cd and 24lh the same; on the
18th, 26ih. 9th ard 2S!h the same; on
the 2qth. 500. 3lst and 32d the same
on the &3I, 3tth, 35th and 36;h the
SANE: on the 9th, 10Th aod 12d the
same on The 73i, 1ith and 10Th the
same; on the 77lh. 18th, 10Th
and S0lh the same; on the
the otncrs Of the set Of counts fine OF
$3.50 was inflicted, except in the ls', q
aud Grd counts, on which fine OF elk
cents WAS Inflicted, the whole making
twelve wears imprisonment and Sl2,-
80 06 fine.
Tweed Eat down after Tie sentence
was pronounced and seemed to be COM
pletelv overcome. lie Vas then con,
duclei from the court room by the
Sheriff and his friends Alter he re-
tired Judge Davis ioformei the counsel
fo- the defense that he would expect
them to be present at the opening OF
court on Monday, whea the protests
will be inquired iato,
New YoRk, Nov 2}-The Tweed
Trial and the sevcge sentence imposed
on the prisoner are almost the sole topic
OF conversation in the city. Tweed
sp.nt his first night in the Tombs last
night. Immediately after Judge DAVIS
had pronounced sentence yesterday the
prisoner was removed 10 the sheritfs
ofce =hers tie tedous task o. making
out his conn:tmeut Papers took place.
These documents S,re vsry lengthy as
thc sentence OF the Coart in all its
details had 10 II s., 'orth with legal
miuu,ere5s. Here Tweed was served
with supper ordered rom Delmonicos,
snd a 9oat ten o'clock, after the depaI-
tGre OF bis counsel and relatives he
tool; short sleep OF couch in the
sherin's private Office. At one o'clock
he was driven to tue Tomhs aud tempo
rarly committed uniil his removal to
The Peutcnli.ry. on Blackwell's Island.
Efforts were made by his counsel last
night 10 obtain stay Of proceedings, |
bu: the efforts were unavailable Ap-
picauon was a: oace made 10 Judge
Pralt, wno 1t seems was the msin re-