New-York tribune., 1874-12-16
THE COURTS.

SECOND EFFORT OF TWEEDS COUNSEL
ANOTHER WRIT OF HABEAs CORPUS GRANTED, But
MADE RETURNABLE IN TILE COURT OF OYER ANp
TERMINER.
Another petition for writ Of habeas corpus
in the case Of William NJ. Tweed was presented yes'er
day to Judge Lawrence in the Circuit branch OF '"o
Supreme Court, Part ILL.,, by David Dudley fleid apu
Willard Bartlett. The petition handed up ee'o''
recess and Judge Lawrence said he would give an an
swer after the intermssion. The petition was az foo"e
To The S,,preme Court Of e State Of Ne YORK. o, ~
any one Of he justices Mereo( or 10 any oDoef nrt
at ChombeTs The peIiLIon Of Wm NJ Tweed shows that
Imprisoned restrained In his nbery py y M
L. LiscoInb Warden of the PeDentiary Of the ody bv
N,wYork and that be is not committed or detainn c S
virtue Of any process issued by Court OF tne IN or
detUincd by virtue OF the final judgment or decree VI
competent tribunal OF civil or criminal M VI de-
virtue OF any execution issued By such judgment W r
cree; that the cause pretense Of such ~
restraint, according 10 the best of the knowieuso po
cess copy OF Which hereto annexed Your s pet,
toner alleges that his said imprisonment under e
pretensc is Illegal aud that its ilegay consists Id 'io
following. among other things: or, ond
process purport 10 have been issued had no Juriso
tiOn power to take cognZance OF or TO try te a.,
msdemeanors mentioned III the said pretendeu ""ii""
Second That the jury upon whose pretended veIpT. io
the pretended sentence was prOnunced was ho, no
paneed according TO the law OF the land, and hsu ho
jurisdiction power TO try the SAID suppOseu pion
Third That tue Judgment OF the court IN
OF which the said pretended warrant or process
sued was absolutely void want of jurisdiction
10 render the same. ,,o, n,
your petitioner. for misdemeanOr one only, IOT "h SO
more than years imprisonment ana nne VI "y Sn
could by law be pronounced. and for such hsueinu
and conviction, your petitioner has aTeau> pee ~ S1so
oned more tnan year. has paid the nne o Gov
rim That " the said one years llnpils"nm.i -,
lawful which your petitioner denies, each anu 49,
sentence OF sad court whereby your petitioner m
condemned TO any further or other me, Was ana = 49,
Sirh That the term OF your petitioners lmpi p nas
under the said pretended warrant OF proe'e' ~
expired. ,ooa m,
SerenM: That the said warrant process does nor
conform TO the alleged Judgment or tie sald Cole :"
Oyer and 1eTmuer, and s not warranted DS lne hao
Wherefore your petitioner prays that writ OF hapeas
corpus issue directed to tho SAID Joseph L. Ldst9'
Warden OF the Pentcntiary OF The CITY OF Ne"-iuh,
CONN audlng hun 10 have the body OF your peuuoIv,i
forthwith leiOre the court or oIicer granting salu
together with the ulne anu Causc Vi suCH iDii'''
and detention.
Dated Dec. IL, 1874. 49, -. ,r.r,vn
Signed, WIN. NJ TWEED
State, County, aud Ciy Of Netc- York. 40. .o
Wln Nj. IweeG, being duh sworn, saws that tne ipiU
going petition is Of his own knowledge, eAcept as
10 the matters therein stated information ana Deei
and as 10 those matters lie believes II 10 De irue.
sworn In ,Ic fWM. NJ TWEED.
When the court reassembled after recess Judge Law
renee quietly handed down Mr.. Field an order grant
ing the writ and making 1t returnabe before the Court
of oyer and Termncr. Mr. Field looked little aston
ishcd when he read it, and said "wl your Honor hear
argument upon the question Of its being returnaDe Dc
fore the Court OF Oyer and TermnerP
Judge IawrcnceI have looked into the statute care
fully and think is my duty te make the writ return
able efore Il O Court of oyer and Termlner.
Mr. Field-That is to examination without hearing
argument. Are you willing TO hear our argumentf
Judge Iawrence-No, Sir not at this time.
The writ is returuabe on Thursday next at IL a. m'