The Portland daily press., 1875-07-14
NEW YORK.



NEW YORK, July 14.-Mary Hedges, twelve
years old, was nearly choked to death on the
corner of 39th street and 9th avenue, at three
o'clock yesterday afternoon, by three young
scoundrels who robbed her of 81 25, which her
parents had given her to purchase groceries.
One of the Williams was captured by citizens but
the other two escaped. They belong to one Of
the numerous gangs which infest the city up
town.
A Motion for the Reduction of Bail i'm
Tweed's Case.
Charles O'Couor and W. Fl. Peckham ap-
peared before Judge Barrett in the Supreme
Court chambers to-day, as counsel for the PEG.
pie, in obedience to an order to show cause why
the order of arrest in the new Sc 600, 900 suit
against VIM. NJ. Tweed should not lie vacated,
or bail be reduced from So 100000 to a reason
able amount David Dudley Field and Field,
Jr., appeared for the defendant The points
submitted for the motion to vacate or reduce
were:
Flrst-A defendant once arrested in a civil
action cannot be again arrested for the same
cause of action, except under circumstances
not arising here. Defendant has been already
arrested and held in ST. 100000 for the same
cause of action, and the first suit has not been
discontinued.
Second-The present suit is vexatious and
malicious.
Thrd-The order of arrest and the attach
ment should not be allowed in the same suit.
either on hearsay and argument or statements
of accomplices.
Fifth-The complaint intends to show $685.
49,, $50 traced to defendants hands. Summons
is for relief and action is for damages.
SiXth-The Court of Appeals have decided
that the people have no cause of action.
Seventh-Bail is excessive AMI contrary to
the constitution.
Eighth-If allowed at all bail should be re-
duced to reasonable amount
Peckham argued fol the people and put in
affidavits that the costs of discontinuauce of
the old suit had been rendered to defendant
since the present order was granted. He de-
Scribed defendant as the leader of band of
public thieves who alone remained after dis
covery, relying on the old method of fraud to
defeat Justice.
Mr.. Peckham in the course of his argument
said the motion was made on mere technicali-
ties, without any denial of defendants guilt.
He proceeded to argue that the cause of action
is not the same as the Ingersoll suit brought by
the county i'll which the Court of Appeals said
there was no cause OF action. for here the. state
sues by right extended by the act of 1875, and
a suit cannot be vexatious unless the cause of
action is the same. 1t the order disseminating
the Ingersoll suit without payment of costs was
irregular, the remedy was to move to set it
aside, and If the costs were not paid as pre-
scribed by law, it was because defendant will
fully neglected to tax his costs. Plaintiff has
now rendered the defendant his costs and that
is sufficient. Arrest and attachment may co.
exist where no levy is made as in this case.
Counsel cited authorities to show that in civil
cases the amount of bail is the amount of debt
sworn to and endorsed on the writ and com.
mented on the omission to deny plaintiffs al
legation that of intent to flee Jurisdiction and
the omission of any denial of debt or dispute as
to the amount. Plaintiffs, therefore, had a
right to hold defendant in $7,000,0O0, and the
judge signing the order did great wrong when
he figured the bail at $3,OOO,0OO. Connollys
bail was reduced and he fled, as defendant
would if he had an opportunity. Then counsel
commented on the great mischief wrought by
defendant in the community and the audacity
in the present motion, and declared that he felt
no apprehension of the scales of justice being
held by such trembling hands that there could
be any other answer to the motion than de-
NAL.
David Dudley Field will reply for the de-
PENDANT tomorrow
Hail Storm.
CoBoURG, N. Y, July ia terrific hail
storm passed over this town about noon to-day.
Hail stones larger than marbles tell, destroying
gardens and breaking windows. Considerable
damage was done.