New-York tribune., 1875-07-14
THE COURTS.

TWEEDs APPLICATION FOR REDUCED BAIL
pvo1NN1So OF THE ARGUMENTS BEFORE JUDGE
RARRFTT-DUDLEY FIELD CLAIMS THAT DE
PENDANT ONCE ARRESTED CANNOT BIZ AGAIN
ARRESTED on THE SAME CAUSE OF ACTION
REPLY OF WHEELER II. PrCKHAM.
The argument for the reduction OF the Dall
of william NJ Tweed in the suit Of the People against MN
for $1,000 OOO-the amount alleged TO have peen stolen
from the city under the Special Audit Board-irom
81 to an amount within his TO give, or to
d.eharge e order OF arrest altogether begun yea
terday before Judge Barrett in Supreme Court Cham
bers Mr.. oCouor and Nj. Peckham appeared for the
People and David Dudley Field. Dudley Field, MI Deyo'
william NJ Tweed jr, Mr. Edelstein and Foster Dewey
for the defendant The was at the foot OF ne cae
dar but having preference by law was hearu az onoo
The arguments presented yesterday were by Dudley
Field and Wheeler II. Peckham. Mr. Fleds argument
was heard first and was substantially as fOlo"s'
do,onaant once arrested IN a civil action cannot be
.an arrested for the Of action except unuI
circumstances which 40 not aTise In this case And this
IL the rule though the first suit may have been discon-
tnued. The general rule is thus laid down IN iou
Practice third American edition, 1906 ia
defendant having been once arrested cannot III sehel
be arrested again for the same cause OF acuon.
The present suit is vexaous and the prosecution under
all the circumstances may be characterized as mali
cious one The court will willingly lend Its aid In
suit of that There are III fact three oIr
suits first The People agt Tweed; second Ihe Mayor
ETC. agt Tweed third. The Board Of supervisors aet'
Tweed and fourth have this suit with the same cause
of action suits the same action on two OF wch
he is arrested and held TO bail for an enormous
snm. An attachment has been issued IN 'ms
action. An order OF arrest ana an h'''cn-
ment in the same action should not be alo"eu.
The purpose is to secure the person OF
+e defendant the sole purpose Of bail s 10 relieve him
from copstraint. But the defendant cannot deposit
money you take IL from him therefore TO take from
defendant the OF making deposit for MS reel'
nnd then arrest him and say effect You shall remain
IN ia until you make the deposit" is TO bind MIN ana
then tell him to defend himself The plaintiffs claim they
ran first seize the money and then seize the defendant
also. and hold both.
The anidavits on which the order Of arrest vas
granted are insufficient The complaint and afdavits II
y we're all taken as evidence of the most positive and
ananswerabie kind. do tend 10 show greater
liability than 1892 .s5s 80. That is the total
amount which the plaintiffs claim to have been
haced 10 the defendants hands. The summons
" for relief. and the action is for damages.
Ms Bnt supposing the action wen founded in all
respects such amount OF bail ls excessive anu r"i ~
t,rv 10 the Constitution OF the state The provision IN
he Constitution Of the United States is in he WI VlItn IN Ar
rle of the Amendment: Excessive bail shall n9t Dc
rei nor excessive fines imposed, nor cruel ana un
ual plnshments inflicted" The provision IN the Con
stuton OF this in the jth Section OF the st Art
r. EXCESSIVE bail shall be required nor exceS-
sve fines imposed shall cruel and unusual punish
uruts be inflicted nor shall witnesses De unltasonaoy
dctan,d" 1t is insisted that these provisions Apply
Ony criminal cases But they are derived ron trnr 1me
in W. NJ. in which the preah3Ie, IL t Is 1no
recites abuss in requiring excesye o"'a AMI III ne TO-
without reference however constitutional ques
rci.onabie amonut The order of should be
ca,ed or the bail should be reduced TO moderate sum-
REPLY OF WHEELER II. PECKHAM.
Mr. Peckham after briefly stating the papers on which
Tie motion made and which the plAlntlIs read III
answer argued substantially as follows:
This motion if made alleged irregularities, except
so far as it ia motion to reduce bail The latter branch
o. the motion is appeal from the discretion OF one
judge to that another the same paers-a practice
e. say the least hitherto anomalous in this state There
are pecularities Il the case worthy OF notice IN
the year 1871 it discovered that Ring
of otrcc-hoding robbers had plundered the
local treasury, had controlled the Legislature
tools and had to be reformed before pursuing teSt
cumnas OF this ring. Tweed the leader, receiving
fc IONS share OF puIder and power Others lied as the
these netaotis fraud and rascay Of defeating Justice
first cv suit failed for want or technical Ilet III e
people The moral effect OF Tweed's conviction was des
troyed by his liberation He now asks reduction
Of Ills bail without denial Of his guilt or the RESTITUTION
a. dollar, mere legal techniealiles Such an aIpeI
ton would not be granted unless the rules OF law invoked
were so infexihle that morality Itself must yeid.
Mr PeckhIm then argued that thls act'n behg
brought under law comforting the cys right 0t acu0n
on The people the state. entirely different from
previous suit by the People wch Eas decided 70 De
without right not to within the RUE IL eN-
listed that a could not be arrested in successive
suits for the Of acton But no such rule ex
Isis he said After proper discontnuance new sun
may he brought for the same of action, and IN II
al the plaintiffs remedies will be Unmpalred Ihe nrsi
eut has been absolutely discontinued The provision
FOR costs is separate from the rest OF the ORDER 0ss
have been offered and if defendant has failed
L. accept the Offer they precluded from
making any handle OF their nOnpayment. Tweed
j. charged with intending to y the Jurisdiction and had
not denied then. to wait his pleasure before
arrest NJ hml constitutional provision as TO
sive ba applies only criminal But this bail s
not excessive. The amount OF the demand always nxes
OF ba III civil cases. As he did not deny the
Intention flee, inference If that he desires 10 give
some small BAIL forfeit it, and tnen flee, saving hiseif
from tbe pavment ~ 100000 by such small forfeiture.
The Judge fixed bail -, ,0O0O 600 instead OF
$4,000 OOO has. fact done the people wrong As TO
talk OF long imprisonment, MI PcckllaIn SiiG NE
would pledge himself II the counsel desired 10 procure
special circuit for the trial OF this case at once
In conclusion. Mr. PeCkham urged tnat the Dall was
large because TWeeds rObberies had been stupendOus.
fX million dollars taken from the Treasury by his
means and only 80 100000 bail was asked-Onehaf OF
The amount stolen. Tweed had debauched the public
service until OffcehOdng was almost synonymous with
had made the local Government disgrace
aud humiliation had caused the noble and true or our
youth from politics AS from something Ve ana
lie luObc and base TO turn ~ Il rs the most prOntiDe
form OF vlany had held out to the people tlat rie-
ci.tv, dishonesty, corruption, and crime were Jne
political had made our city
and It's name by for all that is most corrupt IN
municipal government. BY the immense debt he has
or ated had added 10 the cost OF living until 10 the
door respectable life city almost Impossible
NfA All this while clankng his stolen millions. white
erecringv asking what going 20 do about II, lie
dared come mo court OF Jtce anu ash reuuOuoh
The Court AZ this point adjourned until ~ to-day,
when David Dudley Field Will be heard IL reply.
DECIsIONS-JULY IS.
c,,roroe Cou-t-C Cb1fpbers-Bv Presiding Justice