The New York herald., 1874-03-14
EX-BOSS TWEED.
An Effort to Effect His Removal from
the Penitentiary to Ludlow Street
Jaii-AiIesed Variation Between Judge
Davis Charge and the Comm Il ment.

the Penifentiary to Ludlow Street
Jaii-Ailesed Variation Between Judge
Davis Charge and the Commitment.
Since the incarceration OF william NJ. Tweed in
the Penitentary, dating back to the Goth OF last
November, the great ex-magnate OF the once pow
erlu city Ring has suoslded into a silence as pro-
found as the deepest Lethean slumber. once more
his case, however, has been revived In the courts.
1t comes up IN very quiet though not wholly un-
demonstrative, way. 1t is not an ambitious effort
to secure him his freedom. but simply to secure his
transfer from the chilling inhospitaties of Black
wells Island to the genial latitude
OF Ludlow Street Jail. His counsel In
slst that, inasmuch as the sentence Of
Judge Davis called for his commitment to
the County jail, placing him in the Penltentiary
on Blackwell's Island was an unwarranted
stretch Of legal power. Having procured the
necessary papers upon which to proceed, motion
70 this effect was made yesterday on his behalf in
the Court Of Oyer and Terminer, before Judge
Brady. All Of the counsel engaged by Mr. Tweed
IN his trial were present-Mcssrs. John Graham
ex-Judge Fullerton, Willard Bartlett william o.
Bartlett, Elihu Root ana william Edels.en. On.
posed TO them Wheeler H. Peckham and
Assistant District Attorney Allen. The basis upon
which the application was made was an afidavit
OF MI tweed and the stenographer's notes OF the
sentence, as taken by Mr.. Robert Bonvnge the
official stenographer. The following is the atidavit
AFFIDAVIT or WILLIAM M TWEED.
CITY and County OF NcN York, 49, William NJ Tweed
being duly sworn, says:-I am the defendant above
named. judgment in this action pronounced upon
catered the court room that day short time
the sentence and remained for short time after the
Court. when left the in charge Of the sheriff
have not since returned TO 1t or been IN the Court Of
oyer anu ferminer
which ntenced TO be Imprisoned, and was the
only place Of mprisOnment mentioned during the time
MAJ MA was IN court on that day. fhe fenlfennary was
e some what lengthy address with which he prefaced
te sentence in the ITSELF was audibly
IN my presence in court on that day by US
A'' ''sfA' counsel or any Que whomsoeyer. -r.n
Sworn to before me this 9Th day OF March ls7l-Joas
" hA-hiShR' Notary Public, New York county
sTENoGRAPHEE's CoRROBoR ATOM
.snas mo u1ausoIlpt OF the stenographer'S notes
showed tnat the only place OF confinement men,
Aoneu III 'ne sentence was "the County Jail.r
ARGUMENT on BOTTOM
Mr.. Graham, senior counsel for Tweed eaid =.
may IL please the Court we will make a formal
motlon. Inc minutes OF the CLERK Indicate that
MI. Iweeu was sentenced to be confined in the
Penitentlary or the city and county OF New York
whereas the language OF the sentence was that he
be confined In the County Jail. Uur motIon is to
expunge the place OF imprisonment as II Is ntered
on the minutes and substitute the literal Ian Qusge
Oi the sentence as at the time il was irnnosede
county OF New YORK to the County jan of the
county OF New York.
Mr.. Aen-My recollection OF the words OF tho
Court were IN accordance with the tenor OF tins
motion. out am informed by the CLERK that the
presiding justice before
Mr.. Graham dnterruptinRl We object TO that
We feel very sensitive about this and there NAV
be necessity hereafter ior an examination Of that
matter ia the course OF ajudical proceeding
MI. Alien unpeeding tao interruption AT the