New-York tribune., 1875-11-30
NEW STEPS AGAINST TWEED.
A STRUCK JURY APPLIED FOR.


A STRUCK JURY APPLIED FOR.
AiR. PTCKHAMS REASONS FOR SUCH An UNUSUAL
PROCEEDING-THE AFTIDAvITs on WHICH THE
APPLICATION Is BASED IN BOTH THE CIVIL SUITS
Wheeler II. Pecllham, acting OH behalf of
the AttoIueyGenera, has demanded struck jury for
The trial the suits Oi the People against Tweed next
wee-a proceeding rare that tine name only IS familiar
70 most lawyers the Jdme being the only recent
where such jury was demanded. The Revised
Statutes provide that wien fair and impartial trial
cannot be had without struck Jury, when the mpor
tance and nrIcacy Of tie require it, such jury
may be ordeled by the supreme Court 10y any county
court. b the superior Courts of the CITY oi New-lork
or Uf Buffalo. An application for such jury viii he
granted only in extreme When struck jury Is
ord red the person obtaining the order must give eight
days notice Of the time WHEN he Will attend before the
Clerk of the County for the purpose Of having such jury
struck The mode Of proceeding Is as follows:
The clerk selects from the list the names
of Is persons whom he deems most indifferent between
The parties and best qualified to try the cause The party
Oh whose application the jury ordered is then
entitled to strike ont one of the names so selected, and
the opposite party his agent is then entitled 10 strike
ont another, and so alternately until each party has
struck ont 2 II either party fails 10 attend or
upg,cs to strike out any names the CLERK must go 80 Tor
lin. The - persons whose names are lo struck ON are
striking jury must hc paid by The party who n!ses the
application for the order. Following is thr aiidavit-
onittns ne ll formula at IN. beSnnnS-n the larger
suit on which the application - made:
~ L i.t ar ,i,sal for ne ,,aiuf Il tSf tLe de-
fdlnt T,,e.d has for the last 10 or - years bacn
very prominent politician in tine CITY Of NewYoIk. and
up m the t.Ie Of the commencement o the plbc prose
ti0is Ecrcuaitc- referred to- was populriy rnpOrttd
10 bc porson Of great wealth; that mp % the F of the
wear 1o71 slid Tweed occupied very lending
and controlling position III the political society
known as the Tammany soc ty or Tammauy Han;
hat dmugtue summer ana fal of l1ll ihm' lut,
upnu the treasury o the CY aud County oi New lurk
,,r. TI,ds t-i'c and tint it hccamr apparent that
,ir frauds rcc crpctr5,tod during thc time whom aid
tweed held public "l1e' ana that very mht oi ~ iii-
through Tie plcgcutIrOu and payment Of which sad
lds had bean accomplished hal been approx ed or GER
thcd as audited bv sii I"etii tlat prior 70 tIe 'ec-
tDn oI 1871. tIe tracing oi large amounts ui tir money,
See II f County Ttyl.vy OF 1870, 20 tlt defendant
Tweed ~ shown in mo schedule attached 20 tur 5f-
, i.uhl. and Notwithstanding ts publicity ana that
it ,,ls n, m any WY 90 Opponents ."ovl i-c denied
however, he never claimed his seat.
Iust thereafter said Tweed Ni- indicted for m.>de-
s,u. ccltIeatcs oi audi as 80 some % oi tc s,"e
. IN i'ca' y5 had .ii Ja6aary' y. 78 Ilii On t.d
ial dag.nel arci %, .ssaut cou.,g iol 'h, pi".fN-
Hupnccd were iiuIda very Inferior class oi clz -
without responsibility al position OF calAc er IN tir
community That very LITTLE Information could De OH
ainyd about inrm b,i'it'no; re jury ItAi.igu no
a-rcc. Tlc same indictment was w,ricd in November.
1873. IN o.dei to OBTAIN proper information ~ 10 i-e
jurors then tO bc iuluuccd deoAeA' had 20 ANA ddist
obtain lnH i,i OF ali tAe jurors whose names had
been put IN Tie jury-uON l0r the tIcu current year.
AMI OF those whose ZANE, had been drawn, ANA who hal
ha.. n4clIrl1.d. as 10 hnoW al the persons from
""o!l 'A' Ju'' ~ @ ' i' ,G T','' i - 49,. ~ f
~ ' T. ~ in f,rIp,f,1n 80 10 each ,nd every one
oi said jurors, to report the same in writing ode
l,iGA, l ~ ~ ~; Al, t, re
and attention that coun bestowed, was suspected
alter the irry was partly n9ineled thai an imroper
P's"h ni' i 'cn - o' ,t G ;, 'ilu tit ,,,,.r
9uo'cIrs Loj breu made To the Juror ana ac0ie-ced
ina In him were 30 strong tut the court rejected the Juror
and nr,rre alotbcr Ia be sunmoucd in lis place. That
-, .,,nu.tt,s nnirinu fine uIy yray tu ,rcure u falr
,t ,r,i an ti,is case ,Sit,u1 ibc enor,nnus
~ i - % I a,ra,,se of nioiuiuc the bocrahies OF am
',. T. r. H. IN ig,c a si,rc,l iir- corun,,.d Of mon
iih ,,tai ,-otinii, aud 'YC.ll-,lov,D personal
,, \, m I .,ii.e,,f rtt'c ii1ai ri IN and ,
,- Nil he seciIrrd aside from fs dn'cuity of other
vise seeming a fI.r and impartial tlil IN deponents
,i stric iry 1, regtlirc1 by the importance and
fiIri.".y of tno .oge fb, d.f.nd4ut Tweed was for
@ " ~, ,1, -, ar,,t ,r1,,,u.r.n and mover
nIlil S"i' S " fI fod, W 80" -, T., ~ yT,4n, .r T. ,'sil
aAu PI"aDy S,oII ,,i ~ mn ~. ,f "a ,,,S,o gi.,s
t"n anu o1cI tIc .rI "a t - a.tior ,
2'dtJ anu 4o0,,i .'.ii, ,s i5e "iap.l ,nf
T,geaJ rnT only rs AnIltor as stated in
t,. c,,,,,,i',f Iy,,t also IA STATE Senator and
nv 'o'i"L.a'i.' ~ ,,', ,,a'ns used tn ,0.ct
nc nc 80 - a qiif,, tho - ~ NevrV1rl
That Wide hc evidence may partly consist OF evil
dcncc or o0c0ns iliatos, u "l 10 very great tNtent
Z ZCiisis. Sit a. ItIc ~ tit,i1r Iy bc"Ekeeuing
aud accounting experts and by correlation oi gntres in