The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-08-07
The Tweed Six Million
Suit.
MODIFICATION OF JUDGE DAVIS ORDER.
wv Order by Judge
Barrett.
THE TWEED SUIT AS A PRECEDENT

Coult OndDDers, why stay OF proceedings
should not De granted relative TO the orders made
respectively by Judges Davis, Donohue and Bar
rett in regard TO the $4,000 COO suit against Will
liam III. Tweed and which was set down Tor argu-
ment yesterday, it was generally anticipated that
another interesting chapter would be furnished
In the lively litigation growing out OF this new
suit against tie ex.Boss There was crowded
court room and general expectation Of an ami
mated forensic set-to in the legal arena. The
hour fixed upon Tor The argument was eleven
A. NJ, but at this time none OF the great legal
summarizes so brilliantly conspicuous in these
legal tournaments put In an appearance. Some
two hours later, by which time the tnrong had
largely diminished, Mr.. Wheeler Ii. Peckham
came into court lie was speedily followed
by MI. Deyo. The fact was soon explained
that the opposing counsel had in the mean
time agreed TO dispense with any argument.
and instead had consented 10 the entry OF two new
orders the effect OF which was to let the matter
stand IN statu quo until the argument oil the case
before the Supreme Court, General Term, on the
2Sd INST. on the two appeals pending III the
Cause.-The first the appeal made on behalf OF the
people from the order OF Judge Dononue direct
Ing q bill Of particulars as 10 warrants on
which money was paid to Mr.. Tweed claimed
to be false, fraudulent and fictitious, and the
second the appeal made on behalf of Mr.. Tweed
from the order OF Judge Barrett, refusing to
vacate the order OF arrest against him or make
any reduction in the $3.0Ooo 600 bail. The follow
ing are the new orders:--
MODIFICATION OF JUDGE DAVIS ORDER.
The first submitted was an order modifying the
recent order OF Judge DAVIS, which sufficiently
explains ITSELF
At special term of the Supreme Court, held
mt the-CitY Hall, In and Tor the city ana county OF
New YORK, ON The 9Th day oil August 1875. Pres
ent, Hon. 7. X. Westbrook.
I'm ~ Nntr XArly mat
Wllham NJ. tweed, implicated with the Mayoratc
OF New iork.-On reading and fling the a1iaavlE
Df k h. Deyo and the order to show cause OF MI.
Justice WestbroOk, OF date August ., 1870, and on
the consent OF the Attorney General on motion OF
slelu ana Delo' attorneys Ior defendant (fweeo),
ordered that the order OF Mr.. Justice DAVIS stay
ing proceedings OF defendant (1weeu) on the
order OF MI. Justice Donohue be and the same IL
SO lar modified as To permit the defendant
(Tweed) TO endeavor to get any order made
lgAlnst him entered, TO appeal from any order
AND to notice any appeal. or to take any other
proceeding, except attempting to enforce the
order OF Mr.. Justice Dononue.
WILLIAM WALSH. Clerk.
NEW ORDER JUDGE BARRETT.
The second oroer Is by Judge Barrett, and is
also sefexplanatory. THIS order Is a. lollows:-
At . special term OF the supreme Court held at
the County Court House. III and TOR the city ana
county OF New York, ON the 6tn day OF August.
present, Hon. George =. Barrett. Justice.
The people oil the State OF New York VS.. William
n. Tweed, Implicated with the Mayor, &C., OF New
YviK.
The defendant Tweed having moved to vacate
tie order Of arrest herein or TO reduce the
amount or ball. and Mr.. ID. ID. Field ana MI. Dud-
ley Field having neen heard Tor the motlon, and
Nj. Charles O'Conor and Mr.. Wheeler Ii. PecGham
opposed.
Now upan reading the order to snow cause
mated July 3. 1875, and the complaint ana the
papers thereto annexed the warrant OF attach
which the same was issued, the Deputy Sherin's
affidavt OF the persons aud firms upon whom
notices had been served, the affidavit or the
County Clerk searcher as 10 property affected by
the notces OF pendency OF action herein, the
order OF arrest anu the Afdavlts and other papers
npon wnlcn IL granted ut beng admitted
That the oelend2nt was arrested June % 1851,
the pleadings order OF arrest and return thereto,
nnd the orders as TO dlscOntlndance In the suit
OF the People against Tweed Garvey aud others;
The ailidavits OIL Willard Bartlett and OF Robert
h. Deyo read behalf OF the motlon, anu the
RIidaVits Of Wheeler Ii. Peckham and notice AS
70 taxation oil costs Ia case OF People against
Tweed, Garvey ana others, dated July g. and a
notice 70 costs In the suit, dated July TO-
1878, and admissions or service OF botn said
notices and al afdayit OF Joan IL. Stouten-
purgh read IN opposition thereto, 1t ordered that
he motion to vacate the order OF arrest OF defend
mt Tweed or 10 reduce the amount OF BAN based
On SAID order 10 snow cause be and the same is
hereby denied, Win SO costs. Enter. 4. X. West
brook, J. >. Z.
We consent TO the entry of the within order
NEW YORK, August o. 1870
Pratt, Attorney General.
RELIEF FROM THE LIS PENDENs.
Directly after the above orders were rendered
4 motion was maze by Mr.. Isaac 3 EgDert to
leye from the lis pendens IN the Tweed suit
house ana lot on Broadway, north OF Twenty first
street, claimed TO be the property CT William
Eddlcstein, formerly law partner OF William Nj.
Tweed, Jr. Tue mouon was made on the ground
that Mr. Eddlesteln was BONA Ude purchaser OF
the property ana inst the Sherid mad not under
the order OF attachment, taken possession Of the
same. Mr.. Wheeler III. Peckham said tnat he pro-
posed 10 resist this application but desired time
10 examine into the FACTS OF the case and prepare
lfidavts. Judge WestOrook set the case down
Tor hearing ON Monday next.
THE TWEED CASE AS PRECEDENT.
Timothy i. Donovan q lawyer, was directed by
the Surrogate TO pay into court the amount or an
lnianps estate, oil which he had been admins
traitor. He was removed for improper conduct,
and, $40 being found due from hlm on settle
ment OF MS accounts, he neglected. to pay the
money over ana was imprisoned Tor contempL
and fined $3.50. Donovan sued out q writ OF
habeas corpus and also a writ OF csrtorarI TO
review the surrogate's decree, and, upon motion
mace to quash both writs, Judge Westbrook yes
terday rendered the following decision dismiss
Ing the writs:-
decree as the statute allows. Tne clear Intent OF
the statute was TO permit a review only by ap-
not De Issued TO review this ADJUDICATION
OF the Surrogate. 1t is true that
c coGnse !, argue II is directed 10 the
cree; but II Is equally true that the point made
BY the relator Is tHat the imprisonment Is wrong
because the original decree Is wrong. IL Is only
by attacking the latter he i'm peaches the former.
II the decree Is right the imprisonment is tight
degrading the return as before me, and because
the writ Is Ia tact an attempt to review u final
decree OF a Surrogate by certlorarl, and moi by
appeal, the writ is uuashed
Mr.. iromain then asked that the prisoner be
remanded to the custody OF the Snerin under the
burr0gate's commitment
The counsel for Donovan however, moved for a
stay proceedings until they could appeal to the
General Term, and Judge Westbrook animated
that although he Thought IL improper 10 review
q surrogate's decree upon certorarI ana hapeas
corpus, yet the Uour5 OF Appeals IN the Tweed case
seemed to regard IL As authorized where there
was an imprisonment under an alleged Illegal
decree. He would take the papers, therefore,
and consider the question OF the right OF the
eator To be discharged on BAH pending the APP
peHls to the General Term.
ii. Il. IRE naln Tor the infants estate, ana Mr..
John II. Bergen for Donovan.
SUMMARY OF LAW CASES.
James II. Conant brought a suit In equity in the
Superior Court against the National Ice Company
oil New YORK, claiming a right to the delivery OF
some 400 shares Of It's stock OF The value OF 100000
and upward. IL appeared that a former company,
called zine National Ice Company winch started
some eight years since but was soon abandoned
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