The New York herald., 1874-12-18
IN COURT.
The Ex-BOss Still Fighting Against
His Sentence.
THE PROCEEDINGS YESTERDAY.

THE PROCEEDINGS YESTERDAY.
william N. Tweed. accompanied by Warden Lis
CONT, appeared In the Court OF Oyer and Ter
miner yesterday. In obedience to the writ Of
ha0eas corpus issued few days ago by Judge
Lawrence. There was no demonstration OF un-
usual interest In the proceedings BY the public.
The court room was not crowded though every
sea. was occupied. Mr. Tweed looked in remark
ably good health. and IL was the observation OF
many who have known him ever since be was .
public man, that they never saw him in better
physical condition, circumstance which they at-
tributed to the present enforced regularity OF his
life and the salubrity OF the air OF the Island. He
occupied q seat behind his counsel and was sur.
rounded by several OF his relatives ana
friends. notable among whom we're Mr..
william NJ. Tweed, Jr.,. Richard Tweed,
Foster 8. Dewey and Mr. Charles Devlln.
he conversed In low tones and conndentialy with
these gentlemen, and throughout the short pro-
ceedings In Court manifested that quiet, calm and
firm demeanor that characterized MIN in the
old days. There WAS, however. wanting that
look OF denant confidence inseparable from tho
expression OF his countenance in the palmy time
OF Tammany rule. 1t was clear from the keen In
terest In and his anxious listening to the obec-
lions raised by his lawyers tnat his hope OF speedy
liberty is founded in the belief that the uncertain-
ties OF the law will be ultimately his deliverer
from bondage. On the adjournment OF the hear
ing OF the case to tuesday morning next Mr. Tweed,
with his COUNSEL his sons and Warden Lscomb,
retired to the private room OF the Judge, ana
there he held . confidential conversation
with his senior counsel, David Dudley Field and
ex-Judgc Comstock, Mir. Foster Dewey being ON
nttvA lara
sation had put on his overcoar and his hat, which
was low crowned felt, one OF the fall style. This
gave MIN much Younger look than the lofty silk
hat which is his usual wear. When his counsel
left him and Warden Liscomb linxed his arm IN
his his countenance showed that ne had reaz-
ing sense that he was not a free man. shadow
OF sadness Tell upon his face, and he walked along
tho corridors OF the court to tne front entrance OF
the Court House, in Chambers street, where hia
own carriage was awaiting him. Before the door
was closed his sons shook hands with him and bid
him "good pye" and the cCachnian turned tho
horses heads toward Centre street, and ne and tho
Warden were driven to the Penitentiary. ss.
PROCEEDINGS IN COURT.
MIR. Tweed's counsel were present In full force
Ex.Judge Comstock, David Dudley Field John
bqr william bsn. ba5ev a5a and Eee hs6
on behalf OF the people. With Gil this array Of
counsel. however, ana notwithstanding wnat Ten
NJ son says in "Maud Muller" about
Weary lawyers. with endless tongues.
the talk this time was brief and did not touch az
all upon the merits OF the case as they are to be-
Mr. Field said they had come into Court on .
writ or habeas corpus, granted on the petition OF
william NJ. Tweed lie asked that the Warden OF
the prison, whom he saw in Court, make his
Mr.. Phelps said the Warden had produced tho
body oil the person named in the indictments, bus
the petition was repetition Of tnat used on =
former occasion, when the Court granted the writ.
He moved that the present writ be dismissed
Mr. Field said ne wanted an explicit answer to
his question. Was there q return9 Was Judge to
quasn the writ OF another without any return De-
Mr.. Phelps said he had the petition.
Mr.. Field replied that he naa M no @ such s thing @ IN
miner. but to the Judge to whom it was addressed:
Mr. Phelps tnsn prSducsa ed paper which ne sa'd
Mr.. Field promptly nanded IN traverse to the
return, OF whicn the following is COPY
TRAVERSE TO THE RETURN.
4: i josef, M.S: q ns s & +
.Ssaa' ssa S,: sG6n"s & H. III; .sss say. and
Ns-That there is no record Of The Judgment Of any
Hs. GSar or uurpor C. sulSoss tie
warrant OF commitment copy whereof Is annexed to
there no record Sf The Judgment q
authorize the Issuing Of the said warrant OF com
TIird-That the court from which the said or
s tue nor % %
the alleged misdemeanors mentioned In the said war
T:Sa. the pretended Jury by whom this rsl.tor
alleged IN .he sas warrsns to naye been n ried ana
the lsnd-ws. not lawful Jury. and had no ton
~ Or .
us M .d e Il n ws 9.
issued wa. and . sbsoutsy VOID for want Of jursdc-
trial Il. and The prssns;sa
ana 60 an. sIss,s5 sn.a $50 could b DicnS@nsss q
msanor and conviction the relaor has siready been
ses Gns s year sad
wbs s cue a one aS eTsry pr. w::
led ssu.encs q the SAID court whereby said rsacr
under the said pretended warrant Of commitment has
EisS-rnat the said pretended warrant of commit;
o not sS isy
ct: Ss Ct S. ct sssas: or a.ss:. Il ss
whereof 2; Sat the rHps we fV%pExEssd
POsTPoHExEHT OF THE ARGUMENT.
Mr. Phelps asked Ior Time to determtne whether
| he would demur to the traverse or JOIN issue.
| Mr.. Field said tnat, bearing In mind the sugges-
tions OF the Court some days ago, he would sug-
gest that the defence state what their proofs are,
Without any extended argument at At the General
Term, have the matter before the Court OF Ap-
| iIsrari issued on the 2sd. Tney wanted to prove
! that the indictment was made on the complaint OF
that the verdict OF the Jury was one tnnS and the
record another, and then the motion to correct,
! which was denied.
| Mr.. Phelps said ne did not want to place any
obstacle In the way OF the speedy disposal OF tho
matter, but ne required little time.
| Judge Conlst0ck said they were In hopes OF
disp0sing OF the matter to-day In nvc minutes,
but II the pubic prosecutor wantei time he should
I have 1t.
! MIR. Field suggested tnat the writ be considered
10 be before His Honor as Judge Of the Oyer and
Terminer and Supreme Court, TO which the judge
assented.
The case was then adjourned to next Tuesday,
and the prisoner remanded, as stated above,
meantime, to the custody Of the warden.
PATRONS OF HUSBANDRY.