, 1875-07-25

TWEED, who stole SIX to eight millions Of
| dollars from the New York City Treasury, is
! slowly but very surely unriveting the chains
| which bind him, and will soon step boldly
out again, unhampered BY any obstacles, and
free Of all the complications in which his
enormous theft involved him, and he will &C
complish this without once admitting his
guilt or asserting bis innocence. His pres
ent operations are directed towards defeating
the city in its $4,000, 600 suit, and the pre-
liminary movements, based purely on legal
technicalities and pettifogging quirks, are,
Of course, favorable to him, for quibbles
never are in favor of the wronged party.
The New York Euensng Post states very con-
cisely the technical points at issue, as fol-
lows:
Judge DoEoHuE has ordered that the p1ainhfs
amend their complaint by stating specifically swhat
right or interest the Mayor, Aldermen, and Com
monaltJ aet up pretend to-" To be eure it Ia
notorious that these millions were taken from the City
Treasury, but TWEED must be formally advised
whether the people really want to get ths money back
and are actually concerned in tho matter at all. Judge
DoNoHUE haa ordered further that the plaintiffs shall
elect whether they for neglect to audit the claims
against the CITY," for 3'fraud conspiracy or cou-
bination the part Of the szid TWEED and WA1soHn
It il true that the money t4ken and that TwxKp
has it ; but how did he get 1T Was It Transferred
from the Treasury to his pocket by Of f1auu-
lent claims fruudulently audited, by fraudulent
claims not audited at all? To the ordinary mind It
makes vary little difference which way the money vzs
taken, but Il makes great deal Of difference to
TWEED and hia lawyers, who defending tic Euit
not on its merits but by techncanhes. Suppose that
the plaintiffs elect to aue for neglect to audit. The
defendant will insist that they ought to have sued for
conspiracy, and will carry that point to tho court OF
last resort Suppose that the plaintiffs elect to aue
for conspiracy. Tho defendant will insist that they
ought to have sued for neglect to au and will 60 up
to Albany with that quesuon. Either way, tha pux-
pose Of the technical defense will be served.
In a word, TWEED is freeing himself, step
by step, upon the benefit of mistake in the
form Of claim, the plaintiffs not being al
lowed by the Court to adjust the form Of ths
claim to the facts
The TWEED case furnishes fair llustra-
ton Of the general disposition. Of cases of
this class, as well as of specific and direct
instances Of theft, burglary, etc. There Is
no trouble about the apprehension Of the
thief, but, having caught him, the despair Of
the case then is how to punish him In |
France, justice is quick, simple, and direct.
Had TWEED stolen from the City Of Paris,
his property, no matter where it Wills or into |
whose possession it had gone, would have
been seized, down to the very last sous, and |
would have been turned over to the city in |
reparation for its losses, whils TWEED him |
geH would have been consigned to the Peni- I
tentiary or bean sent to some penal colony |
TO serve out term long enough to make
amends for his offense. In Germany, he |
would have been plunged into dungeon and
kept there until every cent Of the stolen
money had been returned, and then he would |
have heen punished besides Technica1ities
would not have saved him In England, 1eas
justice would have ovataken
TWEED, but none the 1ess certain, aud, more /
than that, he would probably have been dis t
qualified from ever holding oface again.
There Is no sympathy On +ths pant of oourtz {
With qoihh1ina h ENGLAND. IN fhfs country.