The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-23
OF he Warden Of the Penltcnary 81 the city Of New
York. WILLIAM WALSH. Clerk.


Phelps moving that tweed he called upon 10 plead
10 two indictments-One found November -,
1873, charging him with having irauduleuty OBJ
tanned The signature or a. Oakley Hall, at that
time MAYOR OF the city, TO warrant paid TO
Andrew j. Garvey on one OF his fraudulent oils,
the other, found by the present Grand Jury OF the
Court OF oyer and Terminer, and charging him
WIN consplrlng with Peter .. Sweeny ana Eloert
A. Woodward 10 rauduently obtain money rom
the county treasury Mr. David Dudley Fleld said
tuat ne supposed tnat Ike disposition would be
made OF These indictments ~ o. the others IN Al
thirty-four indictments were origlna ly found
against Mr.. Tweed He mad been tried and con-
yictcC under one oil these indictments and thirty
three remained III the former cases IL was as
scented 10 on tie part OF the prosecution
that formal plea be entered with leave
was decided TO make motion TO quasn.
Tney were not ready then to move 20 quash. and
ne. therefore asked tnat the same disposition be
made OF these as OF the original indictments. MT.
Tweed,s counsel had no opportunity yet TO con-
suit on these indictments, and Tor himself as
he had already July stated 10 the District At
torney, he was SO situated personally that it
would De utterly Impossible for MIN TO attend TO
the case before November next.
Mr.. phelps SAID he found among the indictments
rwenty-one on when plea OF not guilty mad been
entered on May IL, 1873 and one found at the
present time by the Court. IL was cmnently
IL now asked TO plead should be put IN proper
form BY the entry OF pleas. The motion 10 quash
should ne made at once, as under The statute OF
limitations IL would soon be impossible to prose-
cute them. He should insist. therefore, that
plea DO ut once en- tered
Judge Brady observed that he understood Mr.
Field To say the former pleas were entered Win
a n
drawn In case 1t should be decided 10 make mo-
tlon TO quAsn the indictments.
Mr. Peckham stated tnat lie had been actively
engaged personally IN connection win the prose-
cuton of those cases and the entry OF pleas TO the
indictments. lie knew OF no sucn Understanding
III relation to them, ana he believed he would
have remembered II ii such had been the case
Ihere could be no objection III his view TO making
now tue motion 10 QuaSh, that Ii there should
be found any defect III the indictments, new ones
might be found before the statute OF limitations
could interfere TO preclude their prosecution.
ment mat IL was quite impossible To make now
the motion to quasn He could not ask any judge
to hear motions 10 quash III tnIrty-four cases at
this Llme and, furthermore, counsel c0ulu not go
through the LABOR necessary Tor the argument or
such motions. AS 10 any new indictments being
found he thought all had been found which could
be. out oi fourteen ex post facto acts the prose-
cuuon nad got one Wulcn extended tnat statute
OF limitations from three to i've years. he could
not explain ms personal engagements IN open
TO the Court tho cllim Tor the propriety oil an
adjournment unu November next would at once
be reco- nlZed. He In sisted that there Was no
public eXlgency for forcing on these proceedings
now. These old indictments were found III 1873,
and no motion had ben made III relation TO the
matter since. AS for these new indictments, his
associates had assured him that they had never
Mr. Peckham answered that he would relieve
counsel tor The defence oil any dellcacy they
motion The Judge sits TO attend TO otner bust
ness and could just as well attend TO this. AS
for the labor, that OF making the motion could be
no greater than that oil opposing IL. Inc pris-
oner's counsel mad TWO or three years In which
to move TO quash, but instead or making such mo-
ton they had been necessarily making dlatory
motions. AS to all the indictments having been
found that could be found, he would Say from his
own personal knowledge that not one hundredth
part OF indictments had been found whicn could be
lound ana which ought to be found. The motion
when the prisoners counsel sought TO reserve
the right to;makc was ailatory In Its character.
aud Ii successful would not ria the
prisoner inc know charges aSanss hm
which IL was proposed TO move TO quasn them
but lie was ready to argue such motion instantly
0T a wit hnn ar
was undergoing punishment the prosecution
could not move In relation to those indictmen 8.
A civil suit had been begun against the defendant
aud lie would be arrested IN that suit, and unless
pleas were entered on these Indictments he would
to a certain extent get out OF the Jurisdiction OF
the Court, making IL necessary to bring HIM up on
habeas corpus. They were met now with the same
methods OF delay with which they were met In the
beginning. Ii was falr and proper that the pris-
oner should be called on to plead now, and II SUD-
auently there was gooo grounds 10 move 10 quasn
then be addressed to the discretion oil the Court
Tor leave to withdraw the pleas and make Inc mo-
Mr. Field said he was willing to put in pleas,
with leave hereafter 10 withdraw them, but was
not willing TO leave has right 10 make motion
to quash pending on the discretion OF Judge. de
would pc sorry TO THINK that after MS client had
been seven months unlawfully imprIsoned-an i'm
.prIsonment Tor which all parties could be In
dIctcd-they should be compelled TO submit to
having this tria. forced on without giving them
an opportunity for preparation. the prosecution
had done all they could. rney had Imprisoned mis-
client illegally, and now that he is out OF prison.
they come with civil suit demanding $4,000, 600
bail, besides attacking all his property, v thing
unneard OF mere or elsewhere IN the world and
when he trusted would never be heard OF again
in this Republic. If the prosecution supposed
they could get an order rom Judge Brady forcing
on the tral under such circumstances he, for one,
lett assured tney would ind themselves mistaken.
MI. pccknam admitted that they had attached
all the property OF Mr.. Tweed they could lind, but
such property was next TO nothing, as otncr par
ties claimed the most OF II and so lar mad sus-
tanned their claims. As to the $3.00000O bah nc
admitted that II never before had been heard OF
III the world or yet mad there ever been aeard OF
order Tor pail was usually Tor little more than
the amount recoverable. lie did notasK them 10
GO TO trial now, but he wanted pleas now TO these
new lndctm nis, and If they chose to make
dilatoiy motions hereafter ne could not helpit
Judge Brady SAID he would make no order on
the application without careful ana deliberate eX
animation. lie would not force the prisoners
counsel TO make their motion now without prepa-
ration. lie was inclined 70 think he would nX
some day next week TO near the mutton, but
would reserve MS decision until later IN the day.
Quite a lengthy consultation here ensued be-
tween the Court and counsel on botn sides. Mr..
Field explained to Judge Brady tAe nature Of his
private engagements aud urged the necessity OF "A
postponement. Everything seemed 10 have been
amcably arranged and Mr.. Field was debating to
tue ohcia reporter the agreement for entering on
the minutes but when he hau rcacled That point
arranging IsI tue postpOnement OF the trial until
November next, Mr.. Pecknam interposed a oe-
clded objection To the entering OF any sucn agree
nent bui rather intlmated that IL was not at all
improbable that an extra term OF the Court or
Oyer and Iermincr might be called to the case.
This decided stand on the part OF Sir. PecKham, Of
course, was an cnectal estoppel TO the contem-
plated compt omlsc.
FIXING THE BAIL.
Some desultory conversation next cnsued on
the matter or bail under the new lnaictme nts
The bail was finally fixed at 81. 000 under the
first or false p. etense indictment and SO, 900
under the second or conspiracy Indictment. Tgis
matter Oelng settled, rweeu, MS counsel and i'm
mediate friends started 10 leave for tue District
Attorneys once 10 have the necessary bail bonds
executed. Before tncY had got out OF the court
ROOM however, Mr. Phelps suggested 70 the Court
that rweeu's bonus on tGc old lndlct ceased
10 be valid and il would, tnei G ore 6e necessary
10 nave the UOndsmen In those indictments re-
acknowledge their obligations Judge Brady
directed this TO be done. and tneTeupon. Tweed
accompanied by MS counsel and a host OF eager
and curious followers, lett the court room.
JUDGE BRADY's ORDER.
At hal-past iour O'Clock the following order In
the case was made by Judge Brady
The expiration Of the statute Of Limitations in short
time appears from the statement the council tor
people, renders IL necessary that the motion 10
quasn tie indictments should be made ut ali the
eases except one, Derhaps me people have right 70
demand this, ana " Is the auty OF the COurt
The should not however under an tine cir
cumsznccs disclosed, be compelled to proceed once
He lp ffOR IN -