Knoxville Whig and chronicle. [volume] (Knoxville, Tenn.) 1875-1882, 1875-07-28
A VERY STARTLING LETTER.

most eminent and able of the lawyers
of New York, has lately published a
most remarkable letter. impeaching
the integrity of the highest Court of
the Empire State. Our readers are
all familiar with the career of the no.
torious BOSS" Tweed. who stole or
aided in stealing over six millions of
dollars FROM the people of New York
City. In 1871, by q powerful reform
movement, Tweed and his associates
were ousted from public office and
the Boss" arrested on various indict-
ments for criminal acts and specula-
tons. He was also sued in civil ac-
tions to recover the sum stolen from
the public Treasury. In the earlier
stages Of these prosecutions, little con.
fidence was felt by the people in their
success, for the local judges, sherifTs
and clerks were tools of Tweed. But
these were gradually weeded out, and
when the great criminal came for trial
before Judge Noah Davis. and q jury
of honest men, on an indictment en-
bracing fifty-six separate counts
charging as many misdemeanors, on
each count he was sentenced to twelve
years in the penitentiary and to pay q
fine of $l2,75O, he was sent to Black
wells Island and served one year and
paid fine of $3.50, and then sued out
a writ Of habeas corpus. On the final
hearing on this petition before the SUI
preme Court Tweed was discharged
upon the ground that the Court eX-
ceeded its power in passing sentence
on more than one count of the indict-
ment. There was no dispute that
Tweed was guilty on each of the
counts, but the Court said that instead
Of one trial there should have been
fifty three. The decision was at the
time received with suspicion and hon.
est people were disheartened. Twice
before. the same Court had set Tweed
free from the sentence of inferior
Courts, on mere technical grounds.
Twice before, eminent lawyers shook
their heads and thought more than
they dared to say. But the last de-
cision has been too much for Mr.,
O'Conor. Judge Davis, after reading
the opinion of the Court, saw that the
Judge delivering the opinion quoted
from an argument Conor's to sus.
tain its decision. He thereupon wrote
to Mr.. O'Conor, calling his attention
TO the quotations made from his form.
er argument by the Court of
Appeals, and asking why, as one
of the counsel against Tweed,
he had not given him Davis the ben
eft of his opinion in such an impor-
tant case. This opened the way for
Mr.. O'Conor, and in a letter of three
columns he makes q most caustic and
damaging review of the record of the
court,in the three decisions it has Civ.
en- in favor Of Tweed. He shows
most conclusively that, in 1872, the
court refused to recognize as good
law the very argument they now rely
upon in the Tweed case. Then, they
decided that his argument was bad,
now they quote from the same argu-
ment, and hold it to be good law, and
use it to sustain decision that sets
free the most notorious thief, and the
boldest malefactor of this generation.
Mr.. OConOr demonstrated plainly,
that not eighteen months ago, in a
noted case, this Court Of Appeals de-
cided that several penalties could be
recovered in one action, and announce
the rule 50 well settled as not to adj
nit any departure from it. Yet, now
they lay down in the Tweed case q
contrary rule.
Mr., O'Conor is Of the same politi.
cal faith as the Supreme Court. He has
practically retired from the active du.
ties Of his profession, but has, with.
out fee or reward, undertaken to as.
sist in the prosecution Of Tweed.
His letter is q terrible blow at the
Court Of Appeals, and is a virtual de-
mand for the election Of Legislature
next fall, by honest voters, that will
impeach the Judge. We may have
occasion to allude to other features
Of this remarkable letter.
COURTS are not above respectful
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