The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-14
THE COURTS.
The Tweed Appeals from the Supreme
Court, General Term, Decisions.
Argument on the Application for
a Stay of Proceedings.
THE SUIT AGAINST PETER 8. SWEENY.


The argument heard yesterday by Judge Law
renee in Supreme Court Chambers on the motion for
stay or proceedings pending appeal from the
cent decisions Of the Supreme Court General Term,
IN the Tweed 50 600 900 suit AS Is well known there
two decisons-one reversing the order Of Judge
Donohue granting bill OF particulars and the other
affirming the OF Judge Barrett refusing 10
the order OF against Tweed reduce his bail
from So as liked directly after instituting the
present suit From both OF these decisions Mr. Tweed
appeals, and the grounds Of pressing the motion
the adjournment OF the Court Of Appeals till the 9th OF
next month and that inasmuch the is set down
for trial the first Monday OF next month, If the
present application is not granted the object of the
appeal win 90 frustrated. The object sought
in the stay is time for putting
in the answer which the Supreme Court,
General Term, limited to seven days On the other
hand it is contended that the time for answering
has been specifically fixed by the General Term this
time cannot be enlarged by court or subordinate urs
dction But the points will be fully in the papers
and report OF the argument as given below. Meantime
the court room was crowded and the argument was
listened to with close attention. on behalf Of Mr..
Tweed there appeared Messrs Dudley Field Robert E.
Deyo and William Eddeston, while the for the
people represented solely by Mr.. Wheeler H Peck
ham. Among the spectators, though nnobtrusively
taking back seat was William NJ. Tweed, Jr
GROUNDS APPLICATION
These were prelimnarily set forth in the following
adavit OF Mr. Deyo with the reading Of which Rober3
e. Deyo, being sworn, SAITH
FSrst-I am one Of the attorneys for the defendant
Tweed
Second-on the sth OF October 1875, an order was
entered hereon by the direction OF the General Term
Affirming previous order denying = motion 70 dis-
Third-0n the 9th Of October, 1875, another order
was entered hereon affirming an order previously en-
tered at Special Term, which previous order, among
other things directed the service Of a bill Of partcu
Lara and directed that the complaint be made more
tion 70 make it more definite and certain in other
respects
Fourth-From both OF these orders appeals were
taken the 9th of October 1875 70 the Court OF APP
peals- Undertakings appeal and notices OF appeal
prepared and served on the County Clerk and on
the plaintiffs attorney and notices Of argument Tor The
FvaA-The Court OF Appeals has adjourned to the
9th Of November which day the appeals can be
heard The appeals taken in good faith There has
been delay whatever the part Of the defendant IN
the entire progress OF this cause from beginning TO end
except extension Of the time to Of twenty
days which afterward reduced by the Court eT
pdrte to ten days. All other extensions have either
been by stipulation Of the PLAINTIFFS attorney by the
Court after argument upon notion and the suit itself
was only commenced on the Sth day Of April, 1875.
SiI.uness proceedings are STAYED ,s upon Inc ap
the appeal (which is not delay but solely to have the
pIeadings made conformable to what is believed
70 be the ordinary and proper practice IN
ordinary cases and preserve the rights Of the de-
PENDANT BY enabling him TO prepare for trial. will be
frustrated and his case viii be forced to trial with
precedented speed and, deponent believes, against
well settled rules Of law.
geveuA-The defendant Is imprisoned under an order
Of arrest in this action An attachment in this action
against all his property Is in force, and no possible
prejudice to the plaintiff by reason OF the
ordinary and reasonable delay asked In order 10 get
the questions appealed from 10 the Court Of Appeals
Nh. YIELDS ARGUMENT.
Having read the above Mr.. Field entered on hts
arqument which was substantially an enlargement Of
the points embodied In the affidavit He hrst asked
MI. Peckham, however 4 he had any answering am
davt the latter stated that the only affidavit was
by himself setting forth that Tweed had been
twice tried crinnally and that be needed no bill Of
particulars 70 inform him as 70 the SPECIFIC charges
against him Having elected this information Mr..
Field then went say that defendant gave notice OF
appeal from the General Term the day after It's orders
we're fled The suit only begun in April last, and
the defendant before, except once, applied for
any delay. All the other delays were BY stlpula-
ton or by order Of the Court Judge Dono-
hue says the complaint must be made more
definite n various ways, and that a bill OF
particulars be furnished the General Term says
not II was thing TO have the General Term
reversed and the defendant proposed TO try whether
they or Judge Donohue were rignt but tne Mnoie
purpose Of the appeal would be frustrated without
stay, for what would Il be to defendant 10 have
Judge Donohue sustained II he was tried and Judgment
went against him meantime5 There was no reason Tor
undue haste The defendant held under lock and
key and under So 900 900 bail 1t was a very hard
matter for counsel to have urge what plainly
lust Defendant y asked for the same treatment as
other people The proper way TO have the case tried
have the defence advised Of the plaintiffs claim
Judge Lawrence said that the dicnlty was the Gen
eral Term had virtually tied his hands He saw no
why he should undertake TO modify their order.
Mr. Field denied that the General Term could enjon
Judge Lawrence that they intended il. The Cham
bers vas the proper place 70 90. The General Term
confirmed things denied others and gave de-
PENDANT seventy days instead Of five, and de-
PENDANT wants further stay The matter was simple,
natural and just
Judge Lawrence again nterrupting, said that The
General Term had madea specific order IN this case
TO the time for answering the complaint
Mr. led AT was 70
traordinary In that The matter plain 70 the
discretion OF the Court that he hardly felt like wasting
words on the matter. IL was, as the French say,
Nh PEcEHAx's RESPONSE
In reply Mr.. Peckham stated that the papers had
been given 70 him 1--WE minutes before he came into
court His examination into the case had, therefore,
been brief, ana his argument would be correspond
ingy brief He insisted that IL not a question Of
the naked power OF the Judge but what the spirit
OF the General Term order and their order was that
the defendant have certain time and for pur-
nose only VIZ TO answer, that the merits OF the
case be speedily tried. Moreover, II there Is a good
defence there can be an appeal from the Circuit Court
which will answer defendant as we'll he serve his
answer and when the comes for trial ne can apply
for postponement for day. until The case IS heard on
appeal; and II decision is against him the trial can 90
on November 10 otherwise II will over 70 December
There has been series OF diatory motions since the
suit commenced. The defendant haa me ocnehI q
Of action and could say no wanted bill q par
culars tor honest information, as he knew al the tes
umony against him.
Mr. Field said he had been waiting FOR an argument
the other SIDE but there was none The reason was
not because the gentleman bad only five minutes IN
which examine the papers, but because the gentle
man had none to make The counsel has not told the
Court how be attachment unsuccessfuly TO
grasp ali this Is worth In the world, or denied
that he has been under lock and key W exact the last
pound Of hesh aye and the last drop or blood stay
the defendants right citizen and suitor 70 so
10 the Court o Appeals which far bad proved itself as
solid steel against popular camor Who arraigns the
rourtsY Not counsel but the Chief Justice Of the Cen
sra Term writing TO the papers 70 arraign the Courof
Appeals He for one would not follow that example
He did not that the General Term acted dishonesty
In M nv mn nnnnhna