New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-02
THE COURTS.
TWEED'S RAIL UNCHANGED.


JrDGr H.RRErT DENIES THE MOTION TO vACATE
THE BAIL OR REDUCE THE AMOUNT-wHAT Is
EXCESSIVE BALI
In the civil suit of the People against Wm
NJ Tweed for $4,000 OOO Judge Barrett has denied the
motion made to him In Supreme Court Chambers to vacate
Tweeds bail or reduceit from OOO at which Judge
Davis fixed It, to which Ia within the power OF
the defendant give The main Ct Ounds urged for va
eating the order that the first suit by tho People
had been properly discontinued the order discontnu
Ing that action not being served until after the issue OF
the order OF arrest In this suit and directing the pay
ment OF the costs OF action which costs had neither
been settled or paid; that no one ought to be
twice vexed for the same cause, ana, therefore,
the arrest tho FIRST action bar to any arrest In
any subsequent action the grounds that an at
tachment having been issued against the defendants
property the order OF arrest cumulative remedy
and unlawful; that the afidavts were insufficient those
of Garvey, Davidson and Keyser being entitled to no
credit as that OF accessories to the oense charged and
that the of 1875 under which this action IL brought
is unconstitutional The motion to reduce the amountof
bail as excessive founded the constitutional pro-
visions against excessive bail.
Judge Barrett in long opinion. holds that the order
disseminating the action absolute, and the payment
OF costs not condition Of it, and served before the
order OF arrest made As 1t has not been appealed
FROM Il cannot attacked collateraly The rule that
man be not twice vexed for the same cause does not up
ply, because the first action was discontinued uhder
decision that It could not be maintained. The attach
ment had reached little no property, and until The
plaintiffs demand Is secured the people are entitled to
az many provisional remedies as they can make
out case for. 1t Is only when the demand
ia fully secured by one that the others fall and that Is
what is meant 10y the rule against the cumuation OF
remedies The testimony OF conederates, alth0ngh I'M
doubtedly to be reCevcdwit caution is not to be wholly
egared aud in this case in important
particulars by other atlantis The cohstitutonality OF
the act of 1873 which should not be determined on
mere motion, but demurrer or motion 10 dismiss at
the trial of the action Judge barrett therefore dees
the motion to vacate the order OF arrest
On the motion to reduce the amount OF bail Judge Bar
Cont the general rule is to require the defendant
rested for fraud in o action to furnish ban IN ysun
interest and costs More than that s excessive; less
generally insufficient The rule Is not varied solely
Otherwise '" the wrong toer would be favored in
proportion to the greatness OF ms mnnee ca,
Justify the holding to BAH Of any human being in $4,000
O0O and suggests the case OF an einoezzng cashier e
money To hold him to bail in less than S3OOO.0O0
wond permit hin to fscape t Win tne n waed
hands an undsputed lrin'a Jacie liability for S619s.-
0jS s.. with interest from sept l. $50 is made our
Nor does the defendant his inability 10 procure
such bail He offers denial Of the charges against
him, but stands in the position of one acknowledgng
them II Is also alleged, and not denied that IL he Is
liberated he will Immediately leave the state .,...
Judge Barrett concludes as follows Ine case Is tefe
fore that of defendant against whom there Is CLAIM
neither denied explained. of over $6OOOOOO for
money frauulenty obtained by himself and others from
The County Treasury who is charged with being about 20
flee the Jurisdiction he his liberation under
which charge he also remains silent and who y ne dos
him the proceeds part Of the proceeds Of the large
property which the records snow tat ne mas as1seu o.
TO reduce the bail of defendant who comes before te
court such attitude. and under such circumstance
would. i'll my Judgment be as gross an ABUSE Oh Jn,t =,
discretion that by which nave OBVIOUSLY soush' 10
illustrate the faacy OF Que OF the defendant POSITIONS
For these the motion to yacte the order OF ar
rest reduce the amount OF bail, must be denied
with $40 costs.