The Leavenworth weekly times., 1875-07-29
AJUDICIAL SENSATION.
I, il Thought That the New YORK Court Of
Appeals Will De Inpesched--t Charles
O'couors Letter. |

lis Thought That the New YORK Court o.
Appesls Will be Inpesched--C Charles
O'couor's Letter.
The Tweed case is iar-reaching IN It's el-
fects- IL now looks as though II Will YET
be made the pretext for impeachinS the
New York Court OF Appeals, the highest
judicial tribunal in the State. Unless this
cour-e was meditated we can hardly mag
inc that Mr.. Charles OConor, who practices
largely before that Court, would come out,
as he has done, with scathing review OF
the recent opinion which released Tweed
fnm Rlackwell's Island. Mr.. OCOnor
handles the Court without gloves, and IN 4
manner altogether startling when we re
member that it Is a practicIng attorney vino
thus arraigns the highest Court in the state
Mr.. OConor's arraignment is in the shape
Of a reply 10 Judge Noah DAVIS, who adj
dressed him letter on the subject hut IT
Is very evident that the correspondence was
preconcerted.
Judge Noah Davis, it will I've remember
ed. presided over Tweed's trial, and affixed
the cumulative punishment whereby IT be-
came feasible 10 sentence the criminal Ia
imprisonment Tor term of years, the ma
ture of the ofiense for which he was tried
being limited to imprisonment for one
year. The Court Of Appeals held that
this was an error, and thnf, even If a defen-
dant should confess his guilt TO each count
in an Indictment such a. was found against
Tweed, still the Court would have no juris-
diction TO impose any greater amount OF
punishment than that prescribed for one Of
fense The Court of Appeals, in its opin-
ion, rebuked Judge Davis by saying, in ef
feet, that he ought to have known as much
1t also based its decision upon an argu-
ment in favor Of its position made before
it in another case by Mr.. Charles OConor.
Thereupon Judge Davis addresses letter
10 Mr.. OConor, in which he says that il
was the duty OF the latter, who is supposed
TO have quietly managed the prosecution OF
the case against Tweed, to have informed
him Davis of this argument, since he
could find nothing in the books antagon-
izing the principle Of the cumulative SEN
tence.
This Is what has brought out Mr. O'Con-
or's letter. He says that the reason why
he did not draw Judge Davis attention 10
this argument was that the Court OF Ap-
peals had la the former case decided against
him, and that he did not suppose the Court
would stultify itself by reversing itself. He
also points out that his argument was in a
different sort Of case, and under different
sst Of circumstances, and would not apply
at all TO the Tweed case, which il has been
miscOnstrued 10 cover in order TO release
Tweed from Jail. Mr. O'Conor is not salts
fed with justifying the decision Of Judge
Davis, but he impugns the motives of the
Judges in the Court OF Appeals. He de-
nounces the action OF the Court in all the
Ring suits which have been brought before
them, and says that, as against Tweed, 'the
weapons devised 10y the peoples advocates
were vain and hurtless' accounting the
decisions of the Court Of Appeals in
their order, he saws: This was the pecu-
lators' first triumph :" then again: at was
the second triumph of peculation;" the
third and last is similarly characterized.
lie even impugns the personal motives OF
Chief Judge Church, relative to Gov. Til
den's nomination. "A glance at the names"
saws Mr.. OCOnor, that, during the prelim-
mary canvass, came into notice as his ri
walls for nomination To the Executive
chair, would be suggestive of pertinent in
quiries." This means, ii it means any,
thing, that a. Mr. Tilden was active in the |
prosecution Of the Tweed Ring, and was
elected Governor after heing nominated by |
a party before which Judge Church had
been a candidate. the latter took this means |
OF avenging himself.
This is certainly very unusual and re-
letter for an attorney to publish |
about the supreme Judicial authority of the |
State. 1t evidently portonds an effort TO Sc
cnre the impeachment Of the Court. In
deed, Mr.. OConor refers to Il renewal OF the
Of judges, and adds signif-
rantly that thirty-two Senators, constituting
Iour-fifths of the Court Of Impeachment.
ire to be elected soon. II il comes 10 this.
here will he lively times in New York
IHiougo Tribune