New-York tribune., 1875-12-09
A sTRIJCK JIIRY GRANTED.
ARGUMENTS BEFORE JUDGE DAyIs--TwEED's LAST
AFFIDAvIT-A CHALLENGE BY TwsED's COUNSEL

AFPIDAvIT-A CHALLENGE BY TWEEDb Co'NsfL
THE JUDGE GRANTS THE MOTION.
The motions for struck jury in the two
civil suits against Tweed were argued yesterday before
Judrc Davis, in Supreme Court, Chambers The aihda
Wits ON which the motions made by Mr. Peckham
have been already published in full In THE TRIBUNE
They set the magnitude OF the cases. tne peca
character OF the evidence, and the difficulty OWING W
Tweeds relations politician, OF obtaining an Impair
al Jury The only affidavit read in opposition yesterday
was the following, made by Tweed Saturday morning;
VIM NJ Tweed Of said city beng duly sworn says that
william Walsh, County Clerk Of New-fork Is hostne 10
iaT3 When said Walsh was o candidate for the Office he
now holds, this depouent requested hm TO pay sum -
delay and reiter led demands the brother OF sad Wash
c;d upon deponent aud handed hm the money, saSlng
among uther thugs, Heretofore we have always pecn
your friends but nJw we are against y0u and Billy and
Will get even with you get for this" nv, \, r,v,n
Sworn to before me this 4th day Of December, 1s55
WM l.. GARDNER, Notary Public
Tn orening the argument Mr.. Pechham called atten-
tion 10 the three grounds which the statute gave
right to a struck Jury when fair and impartial jury
could be better secured that way; when the inpor-
lance of the case demanded it, aud when the ntcacy
demanded it, On the first point thero pelhe
no conrarcty in the aflayis, the fact might be cons-
erod as conceded The importance Of the case c0ui not
be denied. No case had involved larger amounts and
none had concerned more largely public In
terests and public policy. Struck 1urtes had
been ordinarily allowed In cases involving
the character and conduct OF pubic olueeIs'
not for the sake the officer but the public Thesecses
involved the whole organization aud character OF our
municipal government; they involved III their trial and
history the question OF a gigantic series Of frauds IN
yolvng only the local officers but the Legislature o
the state; aud Olved the question whether therc WAS
10 be any remedy In case Oh oonsp"d'S
IN a peaceable form against the Government,
luite as destructive and Formidable as
though armies sought it's dissolution by loroe
The ntcacy of the ease was further consideration o
the Court in deed ling question. On the general panel
any male yeare OF possibly not Poe7eed oi 7-o
certainly II possessed Of that amount OF property s
be Juror But If Jury trial 10 be maintained az
pride and protection and not made ockery OF justice
The sysem must provide respectable standard III
England general and special ues went side by sde ore
supplementng the other and the special or struck jury
was q matter Of right ON simple demand
ask," said Mr. Peckliam, " what pr"pneW OF
reason h there in trying O Of the character already
disclosed 70 this Court, before jury composed oil
BARRIERS stablemen hackdrivers, and men of that
class Arc they their training, habits or method of
Ffe adapted and they fitted 10 comprehend 10 uhucr
stand and give proper force to evidence that may ana
will be submitted 10 them IN this casef Is there
reasoning process In the minds Of such men to take M
and weigh properly such evidence lie net ease oil TINS
character Infinitely more likely TO be understood ana
nroperly passed on by this jury than 10y an ordinary
Jury II struck jury is dcmed in this case TO wa'
ase does this statute apply II this ease IL not import
ant, il il possible to mlasme case ih"'
Isl II upon the papers TO the character
Of this man, and tie extraordinary influence
he has for the last ten wears welded, and even NOW
Yields If we can believe tho reports of newspapers as 10
interviews in the last few days. stronger ease of I'M
portance can not be presented Can theIe De stronger
proof OF the difficulty and risk Of obtaining iar jury
than that preseutedi Can counsel be called on to 70
through the same labor gone through TO gel
fair and impaI tal juryY These facts are not denied
As through the history of this silence Is hepocyof
he defendant Hs mouth it closed"
Mr. PecSham then called attention 10 the faet tiat II
The County Cork Objectionable as the person To Sc
cct these jurors, the Court could appoint TWO ehOs
20 act in his place.
David Dudley Pield said ION behalf Of the de-
ondau sir m opposition to is motion we have to say
that We object any disposition OF his case in any forms
other than those Ia ordinary use IN respect to othT
oeisons The object of the motion, or rather ITS eject
. 10 pack the Jury If granted, the Clerk Of the County
elects from the WHOLE body of jurors As such persons ~
ne chooses from whom, after the elimination of II by
each party, "a nrc be summoned, and out
Of the "a II are TO be on the jury.
ID other words the motion, II granted, VIII gave
10 one man OF two the power 10 say VINO III all lhs
community shall Try the issues between the people Ol
his STATE and this defendant and their decision is 10 be
without respo .hhty contlol II there he any sys-
TEN of Cking Jurors Objectionable for constitutional on
legal reasons this Is obj ctonabe for such reasons TIE
plaintiffs complain OF tho delays that have occurred, anu
hp
on It's merits. Well, viii give the counsel the best o-
,ortuity he Will ever have Tic county suit has been
Al Issue and ready for tlia since January, 1873
IL n IN the hands OF attorneys AID counsel whom NOBODY
iu suspect VI collision with the defendant That Is TIC
only suit tlat should havo been brought. l.
40 counsel win take II mp and abandon the
Others which should have beeu brought viii con
sent to 20 trial tomorrow. and promise 20 facilitate
Inc proceedings ana intCrpJsc objection ~ tie ulest
uouiry whether the defendant wTOngfuy received any
money or property belonging to the county, and !! So
now mich and Jo objection to the recovery OF eucn
Judgment for that amoun: or any rat "i II ~hieh the
law wiz Justify. they refuse tAs Offer but persist IN
orcssiug these actions with all their newy invented
machinery Of OPPRESSION IT viii be our duy to fes@
,hcn, by al lawful means aud defeat them If we can
Nlr Pcckhaiu--Tio learned counsel ssys he makes
FAIR offer 10 90 trial tomorrow on another suit, nu
mating that it other hands. make no suggestion
of collision. The present Corporation Counsel, than
whom ihcl. be- mo- more energetic ana taiIul ocri
happens cnreiy asteas VITA me ihV-1 SUI su's iio
"a lLuCu m nS MniS ~ IieSc i'u' >l J., . ''t9 - ,
nd even 1acical that man claiming 10 act ia eo"d
GHtE should ask as to discontinue Of ao,h0n Hs 80 'Nt &
gicn iLc Shctn II hahe and ia which there ls some
carity hy attacincntis IT anything Ia ms credit that
asks u 70 an9udon these aud ohs lhci' tp| 30 uy
naked salt Without process or So iIiiy 1is cllI u v
@ te,i 80 f r.,.i 10 ti,s c.i.l NJ PcoEhain thcu
argued that thero hgd been no answer WhatcNrf 10 MS
JUDGE DAyIs's DECISION.
Judce Davis aaid There necessity that shoaid
take th- case consideration. IL las been fairly and
,y presented both sides II there Dc any difficulty
s 10 the County Clerk making Objectionable that ho
draw tie jury, there difficulty IN proving persons
ior this duty will Ike pro h0c officers OF the court
shalt tG1t II is objection Is msl~tcd on tbtic
VIII b.. no difficulty counsel 1e1eeiug - 10 i"0 ltfsOns
draw tie struck my 10 - an uhus~ai process, IN
uy experience OI teyn years ouly single c"sc oi the
and hs come uuder my observation Nevertheless ia"
statute provides that system aT one aIlnse,'tle
f cases SO extraordinary ~ 10 iSl taifly WItnih H.
n this case serious CUE 'lio- ale involved tHa lhe
lu~1nt Tor ,,lic suIt l hrought Tue amount involved