New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-07
THE MOTIONS FOR A sTRIrCK MrRY.


TwEED's COUNSEL ASK FOR DErAy-DAvID DUDLEY
FIELD on TIE CHANGED RELATIONS OF THE
LAWYERS TO TIE CAsE-AN ADJoURNMEST IN
I'LL WEDNESDAY GRANTED by JUDGE DAVIS.
The first three motions on the calendar of
the supreme Court Chambers before Judge Davis yes
terday were those for struck jury In the Peoples two
eases against Tweed, and the case against Sweeny
The usual crowd In that court first Monday was in
creased by curiosity to what would be done these
motions On the call OF the cases, David Dudley Field
came forward and said:
have to ask that this motion stand for few
DAYS. Though have other information than such ns
Is public must be assumed that the defendant on Sat
urday made his escape from prison. where he was con
fined on civil process. In the criminal suits he had
already given bail His escape changes greatly rela
tons to the that think those who especially
interested In defending should have opportunity Of
retaining other counsel and the delay ask ia for that
purpose. IL the motion IL pressed at this time could
not let it by default, and must periorce resist it, But
hope there will be occasion TO discuss the matter
further to-day" .
0lr Peckham, in reply said he failed to see how the
flight Of Mr. Tweed constituted ground for granting
hiu 1t reported that the counsel now maxi
ing this motion had interview with the defendant on
Saturday and consulted with him about this very notion
IL must be presumed that counsel therefore prepared
argue IT, If the defendant chose to escape he must
expect to have indulgence. lie failed to see any
friend any person Interested who had given notice OF
any intention OF employing counsel and for the defend
ant IL he had NJ abandon his Defense and place
his best hopes in tight that no reason for further
delay The trial had been postponed too long and too
often for the defense TO enttle them to any indulgence
He pressed the motion at once.
Mr.. Field said:
I ask indulgence on account Of the defense may
FAY that the delay ha. been ON The part OF The pro,ecn
ton Yes do that ninCtenihs Of the delays have
been on their account. That has nothing. however 10
do with this request This concession Is not asked 1or
the defendant but for counsel and for tho sake OF Others
II he inquiries Others suggest That those persons
are Interested whose title TO real estate counsel processes
intend to dlspu. under the attachment n he succeeds
He reason, he for this application Well
Others do. say the situlcn il embarrassing. and calls
for Indulgence from the Court. go
He says saw the defendant on saturday. dld 90
and conferred with him and prepared an affidavit whcn
sworn TO by him for use on this very notion pu
from that time knew nothing ~ hs movements II VIII
make difference to delay this Till Monday. Inc ease
cannot now be tried this term IL you should today
order struck jury n would be IA days before the order
could he completed which would carry MS To within fo
days Of the holidays. do press that II Is due counsel
aud those interested, that they may bo enabled t0
employ other counsel they desire that this delay be
granted.
Mr. Pccllam asked who were those parties Interested
Mr.. Field objected TO renewing the discussion M
Pecham said 1t would take only eight days TO procure
the jury. Mr.. Field replied that 1t would require SIX
days more, under tho statute, to settle it.
Judge Davis said he could well see how other parties
as for instance. the SherG-might have new interest
IN the suit under the circumstances, and he thought
some delay for consultation should DO granted but In
view OF the delays that had occurred, not much as
week lie thought that consultation could he had with
the Sheriff by Wednesday and adjourned tie motions
OIr. Field having another engagement at wednesday
nonnl to halfpast . Wednesday afternoon.
The similar motion In the sweeny case was then ad-
ioufned to Thursday morning.