The New York herald., 1875-12-06
THE sHERIFF's RESPONSIBILITY.
SUNDAY, Dec 5, 1874

To THE EDITOR oP THE HERALD-
The of Tweed naturally excites great inter est
in the public mind and presents legal questions which
It is important to understand Tweed in the
tody OF the Sheriff orders OF granted
In civil actions pending in the Supreme Court
These orders the Sheriff OF New York. directing
him hold Tweed to bail in the Of So 600 900 in
the FIRST case and $50 900 in the other and upon
Tweed giving bail these he entitled to be
discharged from such arrest The legal effect
OF these bail bonds, had they been given,
would have been, not that Tweed should
pay the judgments which might be rendered against
him, but merely that he should be forthcoming an
swer any execution that might be issued against his
body any judgment that might be rendered in tho
actions in which tho orders oi arrest we're granted
Tho Sheriff. arrestng the defendant is take the
bonds He alone the judge of the sunlconcy OF the
bondsmen offered for the defendant He alone IS
sponsible in the bondsmen turn out insufficient
but this responsibility is only that the deiendantA
body shall be forthcoming to answer the execution
against it An execution against the body does not ISSUE
until execution against the property has been
exhausted and IL there is property enough found to pay
the judgment then no execution against the body
issue all 1t follows therefore, that before the Sheriff
be made liable for Tweeds escape the plaintiffs in
the actions commenced against him must not only get
Judgment against him. but first execution
against his property and exhaust that remedy before
EXECUTION against his body can be issued When this il
done then the Sheriff must produce his
pay the amount due on the judgment Until then
no action be commenced against the Sheriff
He is not obliged lock the defendant
Up all the order of arrest f he fit TO take the
responsibility OF being able find the defendant when
the issues against the body. He violates
law and is amenabe TO no punishment he secs ht 10
take this risk.
This case OF Tweed Is entirely unlike the
Genet In that Genet under Grim
na case He had been tried for felony convicted and
had been remanded by the Court TO prison await his
sentence, which TO be pronounced subsequent
Tho
to do anything with the prisoner except take him
prison. Not so in civil case, where the Sheriff only
holds the defendant provisionally-holds him till
he can find somebody to be responsible
for him; he may even be responsible for the defend
ant himself II he chooses TO do II is that this
case OF Tweed Is unusual The amount
voved well as the prominence Of the defendant IN
with interest attaching ordinary cases.
but still the principles OF law the and the po
eition of the Sheriff Is the Legal principles do
change with the Importance OF the II rs our
boast that our laws fixed and certain, and are the
with the rich and poor the high and low. II IS
true that in such important the Sheriff and all
others charged with the responsibility ofappyng the law
and administering justice should be very careful to the
end that may escape through their carelessness
or good nature.
believe no ons charges Sheriff Conner with per-
sonal cupability In this matter OF Fsceds escape.
From the very nature OF his Office ho must employ
while he is legally responsible for their far
they relate TO their duties, still he IS not morally re-
sponsibe for their wrongful or mistaken acts.
Even although Tweed has escaped, let US see TO 10
that an honest, faithful public officer like William o.
Conner is not wronged made to suffer for the Inn
proper acts or Others Very respectfully, &c,
ORLANDO L. STEWART.
NJ az FAsr FIFry pouRTa STREET