New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-20
NEW
TWeed's Release.

Tweed's Release.
The persistence of Tweed's counsel, David
Dudley Field, has at last resulted in an
order for his release, the New York Court
of Appeals having reversed the decision of
the Supreme Court. Tweed was tried TO-.
fore Judge Davis, and the first jury, or one
OF the first. impaneled under the new and
peculiar law of New York. which was
designed to secure juries of intelligence and
probity. no matter whether their members
were familiar with the facts of the case and
had formed opinions on them or not, pro-
vided they possessed other qualifications
and could take the oath to decide solely on
the evidence presented. In his case the
judgment of the country was that the law
worked well, but in others the opinion has
been doubtful. and it has been roundly as
serted that each jury under this law was
the creation OF the sheriff alone and of
such character as suited him. In Tweed's
case 1t was undoubtedly one Of the most
respectable and intelligent juries any nisi
prius court in New York had seen for
generation
The indictment contained 800 counts, and
the Jury found him guilty. The punishment
of the otfense charged was one years impris.
onmen. and a fine of $3.50. Judge Davis,
on the frs. trial. refused to order the dis
trict attorney to elect which of the counts
he would proceed under. and to the argu.
ment of defendants counsel that he could
not be tried for 220 cffenses at once replied
that the defendant was greatly relieved by
that fact. and that he understood, though
the indictment charged tifty.fve different
otfenses, the single act of uniting them
would reduce the punishment to q single
one. If he had sentenced Tweed on each of
the tifty-fiye to undergo the full term of
imprisonment and pay the utmost fine, ii
miracle favored him. he would complete his
term in the early portion of the twentieth
century and been compelled to pay $l3 $50.
The first Jury disagreed. and when the
second convicted Tweed Judge Davis de.
clared that if each count did not constitute
an offense demanding separate punish
ment each group of four did, and sentenced
him to twelve years. imprisonment and an
aggregate tine Of $4,000.
Every legal step for delay, appeal, error
and revision was taken by his counsel
without effect. The last was an applica.
ton for writ of habeas corpus. after sery-
ing one year and payment of one fine of
$3.50. This Judge. Barrett refused: his de-
cision was approved at the general term
Of the Supreme Court, and the case was
carried to the last resort, the Court of
Appeals.
There vera two points to be decided, and
the court we're unanimous in favor of the
petitioner on both. The first was, could the
writ be properly refused. On this the court
said the writ must be construed in favor of
the liberty of the subject and not against
it. No man, be he guilty or innocent, can
be deprived of his Liberty without due
process Of law. and the writ is as available
to the guilty or he whom the popular voice
would condemn as it has proved against
the commitment. by the king in council.
The second point was the legality of the
sentence of Judge Davis. and on this the
judges state:
No warrant can be found for cumulative
punishment upon a conviction Of several
Ottenses charged in q single indictment, the
aggregate punishment exceeding that pre-.
scribed by law for the grade of offenses
charged. The rule, as claimed by implica-
tion. calls for single judgment for all the
offenses charged IN the indictment, and of
which accused is convicted. If it requires
that Cffonses joined shall be of the same
grade and subject to the same punishment,
but the same in degree.
The order for release was issued on
June IL.
During the pendency of this case before
the Court of Appeals other chains have
been forged for Tweed. Ingersoll has been
pardoned, and has confessed. The pardon
restores his competency, and the document
ary evidence unearthed sustains his credi.
biity. Civil suits for the recovery of an
immense sum have been instituted, affida.
Wits made and warrants of arrest issued by
Judge Davis. For two days deputy sheriff
has been encamped on Blackwell's Island,
awaiting the appr oach of the enlarged
"statesman."
1t is not at all probable this action of the
State authorities is unexpected by Field, or
that he haa made no preparation for it.
But when these writs are served, bail to
the amount of 50 600 900 must be furnished,
or Ludlow street Jail will receive Tweed.
II the writs fail. or bail is furnished, others
are said to be ready, calling for equal
and the condition of the ex-
Boss does not appear to be much improved.