New-York tribune., 1875-11-27
THE COURTS.
TIE TWEED LITIGATION.


ARGUMENT on THE MOTION TO RELEssZ TWEED
FROM ARREST or REDUCE THE BAIL IN TIE
SMALLER SUIT.
The motion to release Tweed from arrest IN
tho smaller by the People, that for III 100000, or TO
reduce lis ball. was argued yesterday before Judge Dono-
hue in Supreme Court Chambers. Dudley Fieid nadr
the motion the papers in the and the andayits In
the larger case the substance OF which has becn already
published. lie claimed that the first and second Suits
had many poiuts IN common that order OF arrest
should not be granted both. The parties were the
in both: both suits based ON charge OF con-
spiracy the dedendani's cOconspaor IN both said
10 have been Watson the time OF the alleged conspiracy
stated in roin May 10 Aug 49, l-7O of tue
other from July IL TO Aug %. 1S7O b0th we're alleged
TO be I'm formal compliance with statut" and both were
carried ont through drafts the Broadway Bank He
argued, therefore, that the entire claim Of the plaintiff
for the period covered by both suits merged IN the
first srit The defendants demand for special state
Of each Of the claim in the first su was de-
MED the ground that the fact that the moneys were
obtained by divers frauds at different times docs not
reduce the OF action distinct causes OF
action there happened TO have been frauds" The
action was therefore like an action running account
suit perf Of which bar to action on the rest
Counsel the opinion OF Court Of Appeals to
port the view
But II this point not sustained then the whole
mStcr lay In the discretion OF the Conr That was what
the COurt OF Appeals decided in the other and be
appealed 90 that discretion WA there probability Of
recovering the amount claimed. strong ~ 70 warrant
such enormous balli Mr. Tweed under bail in three
millions the earlier suit which he could not give. or
what Is this second bail. unless the prosecution
doubted its ability succeed IN the first suit Civil
arrest only to the prisoners presence AZ the
Judgment Was this rather nttempf to punish him
because the prosecution had failed TO inrrisnn him l3
years on criminal charges by pin4 mp orders Of arrest
one order OF could he added, 20 might b
adJel hut long tho pltnS added ia these arrests,
solonewould The defendants counsel them
hv motion. The course pursued was mint Arresting
debtors Tcpugtt 10 the sHrlt or Wod'fh Jhri3fd-
ce vet Snch its ahuscs. even IN s modin' FORM
pt IL had heen thnn ONE pronos"d 10 sweep away
is relic OF p barbarors Law cn'irlv. Tic criminal
courts In fixing l1il on srv"il in1ctm"nts or me ,ae
class ordinarily fixed 'ul bail one and rivl bal On
tho resf So sl0nd be- here. The i1 shGud ho tx@d
in l,ch modarai sum, that IL Tweed succeeded in s de-
o' the first suit he would have some probability o.
Wr Peckhan in an~5ger called The Courts attention e.
rho that of the grounds % motion uroed By NJ
Field had been stated in his notice Of motion. Br
ma ln9 , ~, Gort tg sould III cl oSna one
thc deienscs valid That tsyue the Curt at cnam2er
could not try. Al the points mafr in MS notice 70
been decided against The decudaut hy the Court OF An
real- IN the lareer The point urced IN t1o arT
mont not good for II the d"fcn1an we're r2hi m
pvorv other rosp"c u only 1dgn"nt In on" 81 the
suits which could he blr "a the other: untH tllll
rho rlan'if might elect which he would rely Put
the ln invoked did apply; siit for wrongs
done through tie Board of Audt under one act, the
other s'tit FOR thrOTg Other machinery undef
another act THe Board of Audit frauds were commit
ted aoaiHsf the county; the six items IN thS secoOi
si were I'll agan The citv Tue. the mr. sont ev GOV
ermet became the Of both county and city
w, th7t dii NOT confcuni 'he or cinal wrongs Iht
STATE lid not for Itself hat broupt slit IN rst FOR
The county and ctv The two oIiglu claims could nni
he coufnecd anl ioncl in snt As to reducing the
bail IL was that the law had changed the original
ri c'elitOr himself t0 fix the bail NJ fhn amorn' oi
hs ola m 10 ron 'nt that the iudee hx he haIl On
lis asdrvi' and sfil later that the lndce might reduce
on ait4vits showing tho truc claim Ia bn smaller Bu
This new rgit uust he taken with the burden The de-
fondau' herr bad made attempt 10 meet by andl wi
the allegations showing his debt. II rho fact tiaf
the prosecution had not brought all the suits u might
have brought perhaps would bns, but each case must
stand by Itself.
Judge Dolohue reserved his decision.