The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-01-09
Argument on the Certiorari Of
William M. Tweed.
The Court To Render Its Decision
on Monday.
A NICE LITTLE PLUMBING BILL
The Hays Murder Trial to
Close TO-Dav.
Presentment Of Indictments in
the Federal Courts.


the Federal Courts.
Judge Van B-unt settled the Brinckey divorce
suit yesterday, the decision being simply formal
one to complete the record preliminary carrying
the case to the Court OF Appeals.
Judge Barrett holding the present term OF oyer
and Termlner, Is after delinquent jurors. Out
OF the panel summoned TO appear for jury duty
some thirty failed to attend the Judge at once
had the deluquents summoned to attend before
him. Some were put ON jury duty and others
were fined Tor contempt OF court One Peter 3.
Hotaling by name said that ne paid S. to deputy
sheriff and thought that would Do the end OF It,
One OF the court ofcers Is in pursuit OF the deputy
sheriff. and the District Attorney was ordered to
investigate the case OF Hotaling
An important point was settled yesterday In a
case tried before Judge Lawrence IN the Supreme
Court, Circuit. Charles B. Wood brought suit
against the estate OF the late James Fisk to re-
cover on bond given BY the latter In suit
brought by the same party against william Beden.
The action was dismissed on the ground that
where one surety dies suit can be maintained
against the estate and only against the surviving
surety.
Evidence was taken yesterday In the United
States Circuit Court, before Judge Wallace.
through experts, as to the value OF certain kinds
Of laces, the testimony having reference to the
suit OF the Countess de Maluta Fralon against the
New York Central Railroad for the loss OF $4,000
worth OF lace alleged to have been stolen from
her trunk wilhelm transit. The case presents, as
yet, no ne " features, and will probably be con-
tinued during next week.
In the United States Circuit Court yesterday
John Carroll withdrew his plea OF not guilty OF
having in his possession materials for operating
an Illicit dstery. The plea OF guilty was accepted
by the Court, and the prisoner was remanded
until Monday Tor sentence.
The case Of David P. Harris the Custom House
of1cer, who Is accused OF aiding and abetting
Francisco Aveuanra IN smuggling cigars, went to
the jury yesterday IN the United States Circuit
Court, before Judge Benedict A verdict OF guilty
was rendered, and the prisoner remanded for SEN
tence on Monday. Counsel for the defence inti-
mated his Intention to move for new trial, the
points OF law not being as yet announced.
In mentioning the case of Edward LANCE, who
Was tried in tho United States Court for having
mail bags in his possession. we inadvertently
made 1t appear that MI. LANCE had been convicted
OF stealing the bags. AS the Is peculiar one.
1t Is only justice to Mr.. LANCE to say that the YER
dict recorded against him was that OF Guilty OF
appropriattng to other than their proper use Ger.
tain mail bags for his own convenience and gain"
THE TWEED CERTIORARI
-agniar Mold dag nf argument 10 the
Supreme Court. General Term. yesterday. on the
Anal argument Of counsel in the Tweed certiorari
case. Judges Daniels, Donohue and Westbrook
were on the bench. Judge Brady, considering him.
self disqualified for sitting having already passed
upon an important point at ISSUE was not present.
It may well be admitted that counsel have ex-
hausted the case, so lar az argument and the cta-
tion OF the authorities for and against the writ
concerned, ana the case for the present Is out Of
their hands and in those or the three able judges
who sat yesterday. Whether there VIII be further
opportunities Tor forensic display before the Court
OF Appeals will depend on the decision OF the
General Term, which will be rendered on Monday
next until which time the case is adjourned.
The court room was not 30 crowded as on former
occanons. As soon as the judges had taken their
seats
Mr.. Field rose and said III the Court please,
this Is certiorarl at the Court OF Oyer and Ter.
miner to bring up all the proceedings had there on
the application for the discharge OF writ OF
nabeas corpus on the relation OF William n.
Tweed. The reator once applied to Mr.. Justice
Barrett, at the Oyer and Terminer, for q writ Of
habeas corpus, which was granted OF course re-
turnable here, and on Its return opinion Of that
Court was read and delivered at the General
Term, written, I believe, oy one OF the learned
Judges now sitting here, and on which Judge Bar
rett held that these proceedings could not be
renewed on the habeas corpus, and lie quashed
the writ almost instantaneously. new
writ was subsequently applied for to Judge
Lawrence, and he granted 1t, returnable
ut the Oyer and Terminer. He was then
asked he would hear the argument
% TO the propriety Of making it returnable at Oyer
ana Terminer, and he said, mo, not then" Not
then. OF course, meant never. The writ was issued
and on return the learned Judge who held the
Oyer and Terminer said he was s,in OF the same
opinion. 1t had not Deen changed In the least I;
that no matter what were the deiects alleged they
found no ground whatever for a habeas corpus
still relying upon the opinion OF the General Term
where 1t is stated the Court comes to that decis-
ion. II that Is So then there Is nothing to be done
except to amrm the decision below. II that decis-
TON be not binding. II this Court did not arrive at
such decision in the Shanks case, then the mat
ter Is open to argument II IL be not open
TO argument-that Is, II that Is the true cOns,ruc-
ton OF that decision-it Is repeated In the Su-
preme Court Reports, No. "A, under the title OF
me People e1 rel Phelps against FancneI and
that the section OF the Revised Statutes which
provided that the Court upon the return sho uld
minstion prevented the Court from investigating
any question whatever except the question OF
she original constitution. | would like very
much, for toe purpose Of shortening the argu.
menr mere and to avoid troubling the learned
ease Is II It was not governed by That decision.
Judge Danies-we will undoubtedly follow what
vas decided In that case. unless some very clear
authority should be given That would constrain US
20 override II. = ., -,
friends on the other side whether they admit tue
atatement which l give or their construction or
fhat decision Is accurate
IndGe Danies-we shall hear Jou. Mr.. Field, as
fuilv - you desire; but understand, or course
maj unless some controlling authority Is adduced
bv which we shall be governed we snail, OF course,
Sxpect to follow that decision -
NJ Fcld-Of course there can be no controlling
Ia
80 that there IS q decision OF the Cour; OF APP
SSsis mat is later, nor do know there is judy