New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-12-18
THE COURTS.
rwrrn,s CHANCES FOR LIBERTY.

writ cane oil yesterday In the Court OF Over aud Term
,ner Taere WIS not the expected crowd, the court
room beng comfortably filed, nothing more fweeo,
instead OF sittlg MS private oioe In Duanes ana
frightening people his mysterious absence from po'h
Iand and cour;-roOn, ths tlme sat under tho surve
lance OF many curious ewes, both friendly and I'M
frendy II those who took part In the proceedings
were few in BumoeT. the participants we're many, ior
Tweed himself fair,y surrounded by renhue OF
lawyers large enough draw the remark from an out
s,oer; "Eiglt COUNSEL Well, guess Tweed proposes
90 do the tang we'll this time" Back OF the modest
group OF three representing the people-Wheeler Ii.
Peckbam. DistrictAUtorney Phelps aud his assistant
Mr. Russell-were no less than eight gentlemen acting
defenders of the famous convict. Ia y were Dawn
Daley Field and his son. Judge Fullerton, Elihu
Rout, Willard Bartlett Wm. Edelsteln, ex'Judge Com
stock and T. T. Bacon associate OF the late senator
Joun Ganson of Buffalo Tweedstwo sops, Richard and
Vim. NJ jr., also appeared with their father ana st Oh
all his private secret lry. Foster Dewey.
Tue real purpose rapid proceedings on habeas
corpus is understood. Is 10 put the case in such
shape that appeal can be taken. when the main
will be decided Dy the Court OF Appeals. The de-
fenss trdveCsed the writ yesterday, which had the
effect of inducing pOnement until Tuesday for the
District Attorney 10 reply.
Mr. Feid-A writ # htbeas corpus has been issued to
te arden ol tne Penitoulary, rciuraaUle here tins
inOrUlOS. bsS 10 ask Ii the Warden has made q re-
Iarn
Dlr. Phelps-In obedience the writ the Warden
aud NAYS III NY maud COPY Of The VIII a'id pc ton
jOr is allowance, WrlcJ, aOer sucn eXILlhaton as
aUie gave 10 III the zine that has elapsed
eice W RECEIVE IT, IL seems 10 he thdt r"iscs 10
o,er 1l,rcHt qIeStOus than tdOse raised III the APP
pC~tVn GeIetoiOse made 10 t"s court. had occasion
az express my views Oh tht satJect aV thaO e On
mo 80 Usns> the previous VIII, ana now renew
mat Hotlon Ia regard 40 J4i' one ask yodr h0hOr To
ql.isn ,alss Guns Wrt upon the same grounds as
s.dteG fore, auj peslhe Is unnecessary ~ repeat
Them, ~ the ,earae.. c1ulSci were tneh present.
Nj. Ficd t>.arpy)-I mast ask II there Is return
NJ orc .1y tulug We have right 20 return,
is nOo IN possession OF thc case until mat
return is de. JuGGc take more nJuce OF
IL gaGJ by Judse. ANA theS are Obliged
maze Ie.uf'. ask II tntre Is retdrn II there Is
MOI shall move Tor al d.iacuneAt. nave right to
an cxpli answer 10 mat inquiry. whet er here Is
tint tnr Dislrct-AS5orIey represents hn ask that
the Warae cAued up1a 10 make return ~ the VIII.
Mr. f1rlp'~I nave mile a motion. if the Court please
10 diSIu.ss upon tue reuu0n, ana upon the writ
Mi Neld-A motion to one Judge TO dismiss writ
glance bv another Judge on "A petition which Is not
nei,3 should IAe 10 EuOw what sOrt or proceeding
that T1ere nothing mere AT ALL yet, Sir There Is
not.iaG DiOre you TGe genteman VI course has made
sume observations, tut upon what papers There is
nOtuiag before you that huOW.
jude B.rretl-J think ought to be return 10
Mr.. F.eld-Let US nave The return.
Jd - BLrrc,t-r"i, writ was gtanted by Judge Law
renee on petition wnch presume rs Oh lie. pre-
huue ere ou,sAt to DC return 10 1t. -
Tie eitiOn upcu which this writ granted, when
part II the proceedings, should be before your Honor.
NJ. Fic.d-NO. sir tat petition cannot BIZ here al all
Way shOuid %? IL UeiOngs 10 the Judge 10 whom 1t
was addressed It does not belong u the Court al ALI
Tls Oyer and Iernner aud here lie JUDGE sitting
al tue Oyer aud what nave you 10 do with
prOccodlug the supreme CUuri, While sitting in Over
aud runerl No, sir tnat petition is not here Tnere
nav Oe Tor aughI know, no petition. return is
frss tIin4 req ued Dy law"
J.uge BARRETT agree VITA you.
Ds r,cA;torue, have the honor 10 present the
tu ~ tue Warden, saiiug that he produces the boUy
.f me nT,sorcr an, that he hollis hin under aud by
virtue Of the paper annexed to the return, which the
SANS piper as tn.I attached to y0dr petition
Nj. Field Oakius tue re,rn)-EAeuSe me- Mr.. Phelps,
Nltflt 4 lNtJka "A
Mr. Pnelps-Tne original commitment is in the hands
OF tuc M.riCn.
Nj Field, alter garcng the return, sad-I file,
Sir TINS traverse % that returh.
Mr. Phe.ps-Ii the Court please, I fad that this
traverse paragrapBs, wbich appear 20 be
Inherent allegations with REGARD 10 tue subject matter.
auL a. have Time TO examine IT, snOuld desire
isfors | drternne what TO do-whetner to demur or
i,,n issue upon tuis traverse-I shan need oppOr
MI Ffei1@Wni you allow me to readiti
hi. PAelps-YOu saw tic To file IL before you read It,
TIE TRAVERSE.
MT Field then read the following traverse
Cont Of Oger and Termier, CITY and County of Ne,c.
YorE Tae People relation OF William NJ. Tweed
ag.aust Joseph l.. Lscomb.-Tee answer of William NJ.
I've Ell rrtuIn OF Joseph L. LiscomO made TO the
wTts III haDeas CORPUS III TINS case. SAID William NJ.
TwceC saws aud AYERS:
FIRST: That record OF the judgment Of any
eourt Il petenC jurisdiction when III terms author
Il. or purpOrs 10 auno. re, me issuing OF the pre-
tend d I"Griont Of commitment, copy whereof Is an
Second That there Is 10 record of the Judgment of
auS court OF competent jurisdiction which i'll law
feet dd does aunOriz tne Issuing of said warrant OF
a "A
Tnird: at the court from which the said warrant
commitment annexed 10 the said return purports to
have been Issued h@d no Jurisdiction nor power 10 Try
tue ALE ga nisOenleanofs menuOneu III Tue SAID war
Fourth: That tue pretended Jury by whom this re-
ator alleged III the SAID warrant TO have been tried
sud convicted HnpaneicG according TO the law
OF land not lawful jury and had no jurisdic-
tlOn power try tie said supposed onenses, 10
render any verdict respecting he same.
Fifth: Trat the alleged judgment IN execution, Of
wnicn the said pretended warrant OF commitment
issued ana is absolutely VOID for want OF jarisdic
ton 10 render the SAM.
SiJth: Tnat the pretended trial and the pretended
CONVICTION OF the Ielator were for misdemeaDor
year aud fine than $3.50 could be pronounced
or aduoged against him. ana That for such alleged mis-
d. M amor and conviction the reatOr has already been
imprisoned Tor more than Que ear under said pretended
WA rant and has paid fiAe OF $3.50.
Seyeah That If the said one years Imprisonment
lawu, the reiator denies, eacn and every pre-
sentence of the said court whereby said reator
was condemned TO any further or other imprisonment
paw any further or other fine, was and IS void
Eighth That the term OF TIE REALTORS Imprisonment
nbuer the SAID pretended warrant Of commitment has
ANTI That the pretended warrant of commit
aces not conform 10 aBy Judgment or pretended
Judgment OF court, and Is not warranted author
Temn Taat the said warrant OF commitment is void
for want OF specification OF the Ofsnse or ofenses
whereof it pretended that the reator convicted
Signed and sworn TO- NM. NJ. TWEED.
Mr. Pnelps-I will have to renew my application. @
Mr.. Fied-wnat IL the application
Mr. Phelps-I am not prepared to determine at this
mouient whether shall demur to parts OF this
which strike me clearly demurrabe. and whether 1T
may necessary OI me 10 join issue other parts.
feel inclined 10 complete my reoiDder either in
demurrer upOu the issue LAY ami should ask
the Court for ume before concluding whether shall
uemur or join Issue.
may meet the views OF learned friend We. bearing
la mind me opinion expressed by yourself. Sir Judge
Barret the other day. ia respect to the right to
vestgae the matters alleged III this return and bear
Ing Ia mind also another suggestion also made by
originally. that the should to the General Term
possible, and also bearing in mind that the
General Term 10 this district is constituted that it
"A X
tended d cussion here In the General Term would
very desirable. OF course not want O pro
fCraa Judgment Dywhere II could have IL accord
Ing law. Ii this would meet the views of
tie counsel would make il-that Is that state the
groun0s put 10 proof. II there Is 70 be made