The New York herald., 1875-12-09

Z
Judge Dayis-He has stated all he desires to-
/ Mr. Feld--He has stated nothing
Judge Davis-He said the contents OF IL perfectly
familiar
Mr. Fied-They may be familiar 20 the Court, but
do not know whether they are familiar us
Judge Davis-Wcn, we will hear your afidavits n
You have any to oner, and the other viii come up In
good time.
AFFIDAVIT or WILLIAM NJ TWEED.
Mr. Dudley Field then proceeded read the following
affidavit
CITY and County Of Nelo York-wliam NJ Tweed rof
SAID city, being duly sworn, says:-That William
Walsh, County Clerk Of New York hostile to this de-
poncnti that shortly previous 70 the election Of 1873,
when said Walsh was a candidate for the oGice he
holds, this deponent requested him to pay
Of money which he owed this dep0nent; that after
some delay and reiterated demands the brother OF
said Walsh called upon deponent and handed him the
money due, saying, among other things, "We have
always been your friends but against you,
ana Biy and VIII get even WITH you ye. Tor this
Sworn to before this 4th day Of December, 1876
WILLIAM l.. GwDNER, Notary Public New York county.
Another brief affidavit also read by Mr.. Dudley
Field setting forth the wording Of the notice for trial.
and claiming that the present MOTION in conse-
quence irregular.
AFFIDAVIT OF WHEELER H.. PEcKHAM.
Mr.. Peckham now proceeded to read the affidavit
reference to which had previously excited such APP
parent curiosity the part Of the opposing counsel.
This was quite lengthy document, but stated the
contents are perfectly familiar to those having followed
with any care the process Of the various suits against
Tweed. II rected the political position of Tweed for
number OF years past; gave the history OF the two
criminal trials, and the difficulties encountered in OBJ
taining an Impartial jury, specifying, among other
things, that in the second trial one juryman dis
charged, after having been empaneled for suspicious
actions. II also set forth that much Of the evidence
would be documentary and relating to accounts and
further stated that If another effort made to obtain
jury in the usual way il would require an examna.
| character
as jurors of thousand men at least
PEcKHAM's ARGUMENT.
Having finished reading his affidavit Mr.. Peckham
entered upon his argument The present motion, he
said, was for struck jury This allowed by
statute in three s-First when fair and impartial
trial cannot be obtained otherwise second when the
case is important and third when 1t is intricate As
4 of the utmost Importance, but almost utterly i'm
possible IL they should proceed in the usual method
Struck jurles allowed both by statute and
law such jury was intended TO meet the public in
forests. 1t was wellknown fact that in libel suits
brought by officers of the government the universal
custom was to have struck jury This
allowed not alone for the officers benefit
\ but for the benefit of the public. The present
\ suit involved Investigations Of a series of gigantic
frauds. The matter one not alone interesting to
local officers but to State officials These frauds were
the result OF conspiracy against the civil government
He commented at some length upon the present jury
law, the only qualification required being possession of
personal property TO the value OF $3.50 which he in
sisted was by means the only qualification required
70 sit in judgment upon case like the present He
then proceeded TO state that In England it very
common thing in all trials at bar TO have special jures
The statute enacted under George H. provided for
such juries in nisi prlus Any there
\ have special jury on demanding IL In trying
OF this character and magnitude he
did not think that BARRIERS, stablemen
hack drivers and men of that class fitted by their
habits to weigh the evidence Suppose they had
special jury in this case could any harm TO the
defendanty Could anybody be njuredf Is not the
case more sure to be passed upon fairly and impair
TALLY? Was there any parallel 10 the present case
If the application is denied in this TO what case
can il possibly applyY II this case is not an impor.
tant one then the newspapers certainly not to
be believed Can counsel be called upon again to
60 through the labors incident obtaining an ordi-
nary jury ina case like thus AS 10 the adavts that
the defendant and County Clerk wero on bad terms he
said IL not necessary that the latter should select
jury The statute provided another method which
thoroughly demolished this objection.
ARGUMENT MR. FIELD
Mr David Dudley Field, in opposition to the motion,
said that on part of the defendant we objected TO
any disposition Of his by forms different from
those heretofore generally use respect other
persons The object Of the motion is in effect pack
the jury II would give 10 the County Clerk some
other person. power 10 name the jurors by whom the
defendant Is TO be tried to select from the whole body
OF jurors for this county forty such persons
chooses, from which number twenty four be sum
moned, and out oil the twenty four twelve drawn by
ballot; In other words the twelve who are 10 de-
eide upon the defendants rights IN this to be
named by the clerk or other person without RESPONSE
bity and without control. This is power which ought
not to be given TO any man. Ii is power which,
though lying dormant IN the statute book is virtually
obsolete; for far as learn struck jury has
been had In the courts OF this State for about twenty
years. and but two for the last half century 1t
Is true that summoned the Circuit Court OF
the United States year ago but In the State
courts they have been most In one Of the last
cases when IL was applied for Judge Perrepont now
Attorney General Of the United States said "A care
ful reading OF the statute and some considerations Of
its operations WILL think convince any familiar
with this city that fair and impartial trial will be less
likely to be obtained by struck jury Only twenty.
four jurors can be summoned. How many can be
found, how many can attend, how many will have
good excuse is uncertain. But from past experience
1t s not likely that than fifteen of the twen
ty-four would be able to attend There means OF
ascertaining their views beforehand, and the range
would be exceedingly limited that in nv
judgment al impartial trial would be much
less likely than In the ordinary wayu
Whom issue was Joined in this case the plaintiffs gavo
notice Of trial at the Circuit this day and informed us
that they would ask for preference. After that they
gave notice OF this application which, II granted must
postpone the trial until January These two motions
inconsistent with each other and the plaintiffs
should be held by their notice Of trial to have waived
the right 10 struck jury But If It not waived
we submit that 1t should not DO granted
The plaintiffs counsel have often given out that they
had certain case, clear case. IL they have why do
they not go before such jury as other men have3 IL
jury selected according TO the general law ~ good
enough for the trials that have taken place this State
for the last fifty years IL good enough for this case
The suit is readiness for trial the defendant has met
prosecution after prosecuton-six civil actions ana
ihirty-seven indictments and vet the prosecution
10 be the end than when it began four
years ago The suit OF the County has been issue
years. II could have been tried at any time, II the
strength without result and apparently without plan
Do they wish an impartial JuryS An impartial jury
can Oe Obtained from the ordinary panel
struck jury will be In effect o packed
jury, and TO that the defendant obiecta
The counsel processes himself try the case
against the defendant its merits and judg-
ment against him. will give the counsel the best
opportunity he will ever have The county suit the
record Qf which hold In my hand has been at ISSUE
aud ready for trial since January 1873 II Is in
she hands Of attorneys and counsel whom nobody
suspect OF collusion with tho defendant That s the
only suit that should ever have been brought If the
counsel will take IL up and abandon tho otherswhch
should never have been brought will consent to 90
trial tomorrow, and promise to facilitate the pro-
ceedngs and interpose objection TO the fullest
curry whether the defendant wrongfuy received any
money property belonging 10 the county, and If
how much, and no objection TO the recovery OF such
judgment for that amount any part OF IL the law
will justify II this offer Is not accepted, but tho plain
ts counsel persist in pressing these actions OF the
State with all Their newly invented machinery of op-
preston, then 1t will be duty 10 resist them by all
lawful and defeat them If wo
FIELD DEYO, Attorneys for defendant
DAVID DUDLEY FIELD of counsel
PRCKHAh's REJogpER
Mr. Peckham made brief rejonder commencing
with asking the question III IL lauphabe or