The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-20
TWEED TO REMAIN WHERE HE to-.

No Crumbs of Comfort for the Great Fly
ssBoss'-No Comfortable County Jail Cor
Him, but the Pains and Penalties of
the neutrality-suspicious. Op1niun
of Judge Brady.
When Tweed's legal cohorts, with sabres all
drawn in air. came Numbering into The Court Of
Oyer and TermIner the other day, everybody
stood back and expected that something great
was to be done. II turns out to be sort of MONIES
pc,tuiant, n0Scetar ridtcttlats mas matter In the
first place they demanded that the minutes of the
Court naming the City Penitentiary us the place
OF Tweed's imprisonment should be changed to
the County Jail, so as conform to the sentence Of
Judge Davis. THIS The prosecuting counsel con-
seuted to- and thena further demand was made.
that when no place o. Imprisonment was specified
in the sentence that mere should be entry OF any
place on the minutes At the first glance 1t looked
as though on u technically Tweed was sure OF being
transferred rom lis prison quarters IN the Penn
nt,ary on BlacXwel's Island to the more genial
society and increased comforts OF Ludlow Street
Jail. AS to the sectnd motion, the effect OF this
was secondary, but still il would axe two years
from the period OF weeds Imprisonment. Tins
last matter was OF sufficient gravity to lay specially
before Judge Brady ana leave the issue to MS
Judicial DETERMINATION lie gave the result OF tlEis
determination YESTERDAY IN the following opinion
anu wnicb, aS VIII be SEEN leaves the whole mat
ter IN Stdtu quo, or nst as 1t was before weeds
counsel made their present inotions:-
OPINION e. JUDGE BRADY.
There are several answers 10 this motion.
F.ySt--Aitbough theact which tins Court ~ asked
to perform may be Slld TO be ministerial never
theless, as IL indirectly involves the precise sen.
tence pronounced, should be made properly
before this Court. with the Justice presiding " so
pronounced tue judtnent OF the court upon { pe
conviction. The APPLICATION to CONFORM tse
minute made by TN Clerk TO the sentence as IL
was delivered by tn Court and hence the pro-
pretty Ol the course suggested
Necobd-Waiylng nat, however, and looking ;st
the OF the sente3ce ITSELF there Is In effect 10
legal difference between IL and that contained M
the minutes. The fist punishment declared w:rs
ant bc imprisoned II the County jail for the term
OF Que year. The ee)nd was upon the fifth. SIX b,
seventh and eighth cunts Of the Indictment aGd
IN tnese words .-"haL you be lmprisoned Tor tie
further term OF ons year, 10 commence from { ls
termination OF tue first termr The third wps
upon the NINTH tenn. eleventh and twelfth courYEs
ana IA these words-"Ihat you be Imprisoned Tor
the term or ono year, to commence from tho
expiration OF the second term OF your iuprison-
ment.h The word. county jail OF this count W
were omitted fromthe second aud third punuih-
ments, but the realon OF this part the sentence
10 the igst, III who those words were employed, is
quite apparent aL they become moor porated in
ii BY such relation The language, "lor Il further
term OF one year, commence from the termlnS-
tion OF the first trmN aud ''lor the term OF O ne
wear 10 commence rom the expiration OF the Sec
ond term,u lcdyeSo doubt oi THIS rs u legal re-
suit In my nina. he whole sentence Is TO be taken
together and not Il part. IL related TO the indita
ments and trial upier which the defendant wat
convicted. This imy view OF this subject briefly
stated.
Tnir7-The Clex, in entering the sentence, III
not required by TIL practice which prevails iii suc.
matters TO adopt ne precise language used 10y the
Court. IL is the adgment that is to be entered
and mat Judgmen CONFORMS I'D the law ihe oins-
sion OF the place ompri5onment in such sentence.
assuming such ~ ave been the case herein Va yeI-