The New York herald., 1874-12-16
WILLIAM M. TWELD.

The recent unsuccessful e1orr made by the
counsel OF Boss Tweed TO secure his release from
the Penitenuary on Blackwelis Island through
the medium OF habeas corpus does not seem 70
discourage these gentlemen. The words oI sen.
tentious advice addressed on All occasion by
some one to Mr.. Brown, that at would never do to
give 1t up So, has evidently been adopted as the
sne legal motto OF Mr.. Tweed's legal advisers.
Again they have invoked the potency OF habeas
corpus writ, and renewed their application
for the discharge from duress OF their
unhappy client, petition for such writ
was yesterday submitted to Judge Lawrence.
holding Supreme Court Circuit. Part g. just before
the recess OF the Court Judge Lawrence took
the document from Mr.. David Dudley fleld, who
presented 1t. and having been noJihed OF its pur-
port said that after the recess he would give an
answer.
The following is the petition. which explains
itself:-
PETITION OF WILLIAM N. TWEED.
TO the supreme Court OF the state o. New YORK,
or TO any one oil the justices thereof, or to any
0f1icer authorized TO perform the duties " q jus-
tlce Of tue said Court at Chamoers:-
The petition OF William NJ Tweed shows that ne
ID imprisoned or reatraned IN his liberty BY
Joseph l.. Llsc0mo, Warden OF the Penitentary OF
the CITY OF New York, ana tnat he Is not committed
or detained by virtue OF any process issued oy
court or the United States. or oy any Judge
thereof nor is he committed or detained
any competent tribunal OF civil or criminal jurs-
Aiction or by virtue OF any execution issued by
such Judgment or decree; that The cause or pre-
tence OF such confinement or restraint, accoi ding
20 the best OF The knowledge and beiel OF the Pc
titiOner, Is the warrant, order or process copy
0l which Is hereto annexed.
Your petitioner alleges That his said imprison-
ment under such pretence ts ilega, and that It's
ulegaty consists IN the following among other
First-Thas the Court from which said warrant
and process purport to have been issued had no
Jurisdiction or power to take cognZance OF or to
try the alleged misdemeanors mentioned in the
SAID pretended warrant or process.
Seco,m-That the jury upon whose pretended
verdict the said END a sentence was pro-
nounced was not impaneiIed according to the law
OF the land, and mad no jurisdiction or power to
try the said supposed offence.
Thhd-Tnat the Judgment Of the Court, In exc
Cution or winch the SAID pretended warrant or
process was issued was and Is ABSOLUTELY VOID ior
want OF jurisdiction to render the same
EOl1th-rhaJ the pretended trial and conviction
OF your petitioner was Tor one mlsdemeanoI only,
for when no more than one years imprIsonment
ana a hue OF $3.50 could by law be pronounced, ana
for such misdemeanor and conviction your peti-
toner has already been imprisoned more tnan one
year aud mas paid the tine ol $3.50.
FUts-Ihat II the salu one years Imprisonment
were lawful which your petitioner denies. each ana
every sentence OF said Court, whereby your pe.i-
tOner was condemned TO any further or oIner
nne, was and is void
StIth-rhat the term of your petitioners i'm
prisonment under the said pretended warrant or
process has expired.
Seuerth-That the said warrant or process does
not conform to the alleged judgment oil tue sad
Cour; OF Oyer and Terminer, and Is not warranted
by the same.
wherefore your petlClOueT pTdys lIdJ n win VI
haDeas corpus issue, dlrected to the said Joseph
l. Llscomb Warden OF the Penitentiary OF the city
OF New YORK, commanding him to have the body
OF your petitioner forthwith before the Court or
ofncer granting said writ, together win the time
and cause OF such imprisonment and detention.
Dated December IA. 1874
WILLIAM N. TWEED.
state county ana city or Ne,c Tork:-wlllam
n. Tweed, beng duly sworn, says thai the lore
gong petition is true OF his own knowledge ex-
cept as 70 the matters therein stated on inlorma-
tlon and benef, and as 10 those matters, he be-
heves lt to be true.
Sworn to before me this 14th day OF December,
4. ID. 1874, at the cl of New FORK.
WM. EDELSIEiN, Notary Public.
WHAT DONE IN THE CASE
al have looked into the statute" Judge Law
renee stated to Mr. Field, as he again took MS seat
after recess on the Bench. sand think 1t my duty
70 make it returnabe before the Oyer and Ter
mlner.n
..Inat is as to examination without nearing
argument" answered MIR. Field. Are you will
ing to near ar2umentT
'No, sir; not now, y replied Judge Lawrence.
writ was then issued, returnabie at eleven
A. NJ. on Friday In the Court OF Oyer and Ter
miner.