New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-06
THE CUMULATIVE TWEED SENTENCE.

PRELIMINARY ARGUMENT IN THE GENERAL TERM.
The writ of habeas corpus In the case OF
VIM. NJ Tweed called up for argument in the Gen
eral Term OF the Supreme Court yesterday, Chief Jas
ticc Davis presiding and Judges Brady and Daniels
present. but the talk OF the attorneys resulted in moth
ing more definite than an adjournment. David Dudley
Field Elihu and Willard Bartlett were present to
represent Tweed but APPEARED at first from the
Attorneys office. Mr.. F.ed had considerable
conversation with the Court in regard TO the necessity
for giving the Attorney notice. Mr. Field said
he had already gwen notice The Court Informed him
that by the rules OF the Court the DistrctAtorney
should have notice of intention TO out Of
It's order MI Field expressed fear that the learned
Judge had forgotten that there written consent Of
the DIsrctAtorney TO receive short notice, and that
that notice had been given last Thursday. Finally
recess was taken, and after 1t was over Mr.. Phelps
appeared but said he was not ready and would not be
ready before Friday This created more discussion.
Mr. Field reminded Mr. Phelps that tho purpose had
been to take before the Court OF Appeals and
that as Dstrict-Attorney he had assured Twced's
coduse that he would facilitate the matter The
se had been engaged in the case from the beginning
aud knew all about IT, II he was able 10 sustain the
Judgment a year ago he must be now. Mr. Field, in
fact, wanted the brought on today. 1t No ITO
on the calendar.
Mr.. Peckham-I don't think it Is possible for me to
get this ready before Friday morning. 1t woui DO
my desire 10 put the until next week. but
Mr. Phelps's part OF the argument Is much more ad-
yAnced than mine, Will be ready on Friday. The Court
has intimaed that they did not desire TO this
or any case submitted IN pro f0ra manner, but pre-
ferred to hear argument The papers had only been
served two days before
Nj Feld-As to the service of the papers am unable
to speak, having knowledge the subject. am 10
formed however, by the attorneys they
able to procure the settlement of the bill Of particulars
until last July. and we have gone with as much dill
gence as possible. Now, to the argument OF all these
questions Your General Term has already pronounced
at this upon of the questions In this
viz that Court OF Oy and Ierminer has right 10
originate Indictment for misdemeanor. What - the
Use, then OF arguing that questions In the case OF
Gardner and Charllck there indictment for
demeanJr III the Over and Terminer
Judge Dauels-No question was raised to jurisdic
ton at ALL We decided no such question at all think
we ought TO know what was decided.
Mr. Field-I understand one or the questions in this
Is whether the proper commitment Is TO the pen
Tertiary the county jail WHAT Is county Jail
What Is the use OF going into that
Judge Dayis-Do you object ~ Judge Brady's sitting
here, being dlsqualItedf
Mr. Field-I should have no objection at all to Judge
Bradys sitting Judge Daniels but II YOU ask the
question am compelled 10 saw that all the Judges now
IN General Term disqualified. The only point upon
this cerorari is the question OF Jurisdiction. Can the
court pronounce cumulative sentence upon one in
dictmeDtf
Judge Danels-Is that question heref
Mr. Fled-That question and the question about the
county JAIL and that OF originating indctment the
oyer and Termner and the question whether the
court could mprison for neglect OF duty the part
OF supervisor are the only questions which we pro-
Judge Brady-Taere Is a General Term on Friday
morning
Mr. Fled-I understand there is some difficulty about
organizing General Term.
Judge BTaiy-NJne at all.
Case adjourned until Friday.