The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-06
TwEED'S CERTIORARI.

The long and pers1stently contested case OF
Fweed's certiorari, intended to bring the whole
matter before the Court of Appeals on the bill or
exceptions taken to tue Jurisdiction of the Court,
che legality OF the jury to render verdict and the
constituronality OF the sentence, was up again
yesterday in Supreme Court, General Term,
Judges Davis Brady and Daniels ON the bench,
The usual array OF counsel was present, and q
pretty crowded court room evinced the interest
felt in che fate OF the exBoss, even in the matter
OF the dry and embarrassing argument OF counsel
the points, for and against, being "thrice told
tale.n
At the opening OF the court Judge Davis inquired
II the counsel for the people were prepared to
proceed with the argument to-day.
District Attorney Phelps replied-In one sense
nm ready. In another l am not Mr.. Peckham and
myself have been engaged IN the preparation OF
the points presented on the other side and we
cannot possibly be prepared before Friday next.
Mr.. Field hope the case Will not be postponed
TILL Friday. The purpose, as l have always stated
Of our action in the matter was to
get the case before the Court OF Appeals
Is early as possible IN the beginning OF
uSer side thai our shorts IN that recton n woH hs
be facilitated instead OF being, as they have been,
INSTRUCTED. An adjournment was given when we
were before Judge Barrett, and the understanding
then was tnat every facility would have been al
iorded US to That end. 1t Is not too much to say
from the first know perfectly well all that Is In
the case-every material legal and constitutional
argue all tine questions, and OF course must be well
prepared TO go on now. Just as well then as now.
l ask that the case shall be argued tomorrow.
Judge Brady-WIll you be ready, Mr.. Phelps, on
Mr. Peckham lin response) -Not before Friday,
doing the utmost that can De done. The Court
have stated that they do not desire the case to
be simply submitted in pro forma manner, but
to have 1t properly argued before them, so that
they may pass upon 1t with judicial understand
Ing. The papers presented In tne case, whlci are
were only the other day furnished to me- Those
papers have to be looked into, to be referred and
compared, and u counsel are supposed to render
my assistance In the investigation we could not
possibly be ready before Friday.
Mr.. FIeld-The attorneys were unable to pro-
eure settlement of the bill OF exceptions until
there was an Oyer and Terminer. AS to argu-
ment OF all these questions IN ful this very Cen
erai Term mas pronounced on one OF the questions
that the oyer and TermIner mas a right to try an
Indictment for mlsdemeanor Tin the case OF Char
lick and Gardner), and what is the use OF trying 1t
again
Judge Daniels-rhere was question raised as
TO the jurisdiction OF the Court.
Mr. Field was told by one OF the counsel in
the case that that was one OF the questions In the
case. Another point is as to whether the Peniten-
tlary the County jail should the place OF I'M
prisonment, or what Is the County Jail, and Judge
Brady has decided on that.
Judge Davls-Is Judge Brady also disqualifedG
Mr. Feld-I should say so, II had to ans wer the
question: but have no objection that ne should
SIT aud render decision tomorrow; and with
Judge Daniels. But II l am asked the legal ques-
ton 81 disqualification should say all the Judges
now sitting IN TINS General Term are disquallned.
Here tue three Judges put their neads together,
whispered, nodded aud smiled.
MIR. Fieu-Upon this certiorari the only question
IL jurisdiction, which does not involve tue exam
nation OF the lengthy documents and the record.
1t is one which any man can answer Without see
Ing the record. Can the Court pronounce cumu-
lative sentences on one indictment? That Ques-
bion and the one Oi tine County Jail and OF juris-
hictIOn of the Oyer and TermiDer originate an
Indictment Tor misdemean0r and whether the
Court could lmprlsOn Tor neglect OF duty ON the
part OF supervisor, are all that we propose to
argue this habeas corpus. One suggestion.
The law Of 1870 provides that the Court may order
such a case into another district. There Is Gen.
eral Term IN the Second district on Monday next.
Judge Brady (sming)-There VIII be q General
Term IN this district on Friday morning.
Mr. Fied-Tnen | am to understand 1t Will be
argued on Friday morning2
Judge Brady-fes Sir.
The Court then adjourned.