The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-05
TWEED'S BILL OF EXCEPTIONS

Another Effort to Effect the Release OF
tho Ex-Boss from DURANGO Vile--The
Big Indictment RivnIled by a Monste
Bill of ACKNOWLEDGEMENTS of Coun-
sci For and Against the Bill, and the
Proposed Amendments to 1t.
During the two months and over that William NJ.
Tweed, the great ex-chieftain OF the powerful
Tammany Ring" has been doing painful penance
~ the Penitentiary his quintumvrate OF counsel
have not been idle. As soon the trial closed
with his conviction and sentence they began to
prepare bill OF exceptions. This was work Of
no inconsiderable magnitude, as may be gathered
from the fact that the document when completed
made up list OF some 500 exceptions, the whole en-
bracing o5s pages olegal fooscap. OF course every
resource OF legal lore exhausted and every de-
vice OF professional strategy resorted TO tending
TO give it impregnabnity. This was the Gibraltar
or their hopes--the last gun to make breach in
the enemy's ramparts through which the prisoner
Tweed might escape The bill as pre- pared had to
be sent to Mr.. Peckham the prosecuting counsel
Here was long job for him. reading these volumi-
nous pages and submitting each objection to the
crucble OF the closest legal analysis. He In his
turn made iorty-fve exceptions, and the docu-
ment, as thus prepared and amended, came up
for settlement yesterday before Judge DAVIS, hold
ing Supreme Court, Special Term
Judge Davis held court IN the supreme Court
General Term room, the quondam meeting place
throned "Boss" once was supreme master and
ewayed the sceptre OF imperial power. Fallen
him reverence-none except his well-pad counsel
that seemed TO evlnce the slightest inter-
est in the proceedings or the result. An occasional
solitary Individual would struggle into the room,
but on learning, in response to his inquiries, that
1t was "only the old Tweed case up again." he as
quietly withdrew, with shrug OF the shoulders,
as II to say, There's nothing in it," And really
there was very little tangible in II, excepting, OF
course the huge piles OF manuscript. The whole
day consumed in technical UulbbQQ-a
qubbling of adrolt ingenuity undoubtedly but
not capable through the most deft cunning OF the
most facie reportoriai pen OF being crystalllZed
into form giving 1t attractive pubic interest.
D,ssntegratlng this clubbing and dspelling the
environment OF chaff, the substantial and reliable
objections are capable OF being very briefly
summarized. Evidently the most potent OBJ.
the Cont; another objection was to the rejection
and admission OF jurors; another TO the constitu-
tionallty OF the Jury law OF 1873 another TO the
Judges overrulng motions and compelling them to
choose whether to proceed Tor neglect or malfea-
sance; another to proof tending TO an accumulation
OF offences and In reference 10 the inconsistency Of
the accounts; another TO the constitutionality OF
the act creating the Board OF Audit; another to
restricting them TO five peremptory challenges,
whereas they claimed this number for each offence
specified in the indictment; another to the INSULT
cheney OF the proof introduced by the prosecution
TO show loss OF papers the contents OF which had
to be proved orally; and finally the refusal OF the
Judge TO charge as requested.
Some or the objections were settled during the
progress OF the argument, but decision on the
majority was reserved by Judge Davis, pending his
further examination OF the statutes applicable to
each case, as cited by the opposing counsel Judge
Davis promised to give his decision upon all the
points undecided at the earliest day possible. It Will
take some time after this to make up the entire
record and get the matter printed, which will
make two large volumes. 1t is now Thought, mas
much as the case, being a criminal one, Will have
the preference on the calendar, that 1t be pre-
pared for argument before the Supreme Court,
General Term, some time next month There Is
no expectation OF other than adverse decision
here. and OF course on such decision IL Will be
carried the Court of Appeals, where 1t will ike.
wise have preisrment on the calendar.