New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-23


his signature to warrant false bill OF Garveys ior
over $4,000. The second is the recent Indictment
against Tweed sweeny, and f. A. Woodward for con-
spacy procure the payment Of false bill for So9ooo
and upwards against the city.
Mr. Field said: did not hear clearly my friend the
Disrict-Atomey, but AS 1 am informed he asks us 10
plead to the Indictment OF which he has informed u.s. and
also, as understand, to new Indictment with when VIC
unacquanted. We ask that the same disposition be
made of these cases as the former indictments There
were originally 81 OF them. or these one mas
been tried leaving 80, and besides these there
are two new ones. In oil the FORMER i"'
dictInents this, as 1 understand, was done.
We informed the Court that desired to move TO quash
them before pleading to them and our wish was assened
to Utmost of tbcm while in few formal plea OF not
guilty entered with leave to us at any time 10 WIFI
draw that plea for the purpose OF making such notion
Now ask that the same arrangement be made IN re-
gard to these new indictments We are not ready on
either of them. We have had no opportunity Tor con-
sultation In regard to them, and cannot
say what il will he.
The Disrict-Atorney knows Of matters personal 10
myself which do to more specially speak o.
which will make il impossible for me to attend To these
matters before November. shall, therefore, AJAX that
these indictments lie the Others till then nope
the DstricAtto1cy will allow them to take that course
II am compelled seriously argue the matter thnk
could show that should not be asked TO do any thhg
else.
Mr. Phelps said in reply find in my hands 81 ndict
ments against this prisoner, all OF which pleas were
entered on the 10th of May, 1873, except seven. III
to eninently proper that the proceedings OIL
these indictments should be placed III proper Ior
by plea IL them. And tho reason is obvious Any ODD
lection which may lie to their form may he fatal on
motion to quash, and If such motion succeed, unless
made at statutory limitation VIII intervene anu
prevent further action. As other course might defeat
the ends Justice feel bound to press for plea on
these indictments.
Judge Brady-I understand that on the other indlct
ments plea was entered with permission 10 withdraw
IL TO make motion 10 quash.
Mr. Peckham-I think ] was present at all the pro-
ceedings in the former indictments, and do not rehch
Der any such arrangement In cOnversing with counsel
have been reminded that ~ some indictments were
supposed to suersedc others there was an arrangement
to compare The indictments and to quash those
SUPERSEDED. Ny own memory is different from
the counscl's. know our most earnest dc
get rid of dhatoIy motions
and to get the defendant to plea STILL II the motion
to quash can he made now, are ready and VIII pro-
ceed without notice But the statute OF limitations runs
ont as 70 many of these indictments i'll a few days IL has
already expired as The statute runs for ivc
years. most OF these onenses wae i'll 1870 ana IL lhese
indictments defective in form We have te time 10
renew them. Mr.. Lyons suggests that II my memory
differs from Mr.. Fields the minutes should show the
fact
70 mash now for two reasons First that can't ask any
Judge in this Summer season TO hear "a motions 10
quas, each involving long argument second that
can't myself 20 through the labor of revivng the memory
of the grounds for those motions so hastily Asio 'hc
idea that the people want to find new indictments
against Mr. Tweed when the Court is told that there
are now SO indictments against him, it will, think
conclude that all have been found against him that
scan be- Now to the statute of limitations VIII TINS
court-will any court grant them any indulgence when
they have got cJpost dco law charging the time 10
procure indictments from three to five yearsf Yes ont
of acts specially directed against this defendant tia
is VIII they-dare they claim any Indulgence on
such ground interfere with the ordinary professional
courtesiesi don't how can In justice 10 engage
ments made when had reason to suspect that these
cases would he pressed under the Summer solsee pro
ceed with these No public exigeuey can pos
sbly call for instant action indictment pending
since Novembe- 1873. 1t is now June, 1875, and now
they ask all at once that we shall Immediately do
thing about IT, The other indictment never heard OF
till the other day. Under such circumstances should the
ordinary and practices Of courts aud counsel
be departed from
Judge BradyI shall take time TO look into this mat
ter and shall probably direct further hearing Mon
day The Court If necessary, must take up the labor
and it Is the duty OF counsel TO be ready for 1t.
Mr. Field Then this is TO go over for some days,
appeal again to the courtesy OF my learned friends 10 lei
II go 10 November.
CONSULTATION OF COUNSEL.
consultation was here had privately between Judge
Brady Mr.. Field the District Attorney, and MI Peek
ham, resulting almost in an agreement. The terms
agreed that defendant at any time before tria
might move to quash any grounds which would be
good on the trial, but should make any motion
TO quash ON grounds merely formal before
Tuesday so as to be before the discharge
OF the General Sessions Grand Jury. Mr. Field desired
to add that the trials be postponed 10 November, the
next term of the oyer and Termner. Mr. Peckham de-
cned TO TO this Mr. Field said II there was TO
be an extraordinary session OF the Court of oyer and
Te1niner he might well sacrifice his gagcmeufs at
once and proceed with these motions. Mr.. Peckham an
swercd that while he had information that there
would he such session. he did not feel at liberty to
pledge Attorney General that there would not be one
THE QUESTION OF BAIL CONSIDERED.
The question of bail was then taken up. Mr. Peckham
said he asked only ordinary bail, which was fixed at
for one and 81 600 for the other indictment, and
Judqc Brady directed that the bail on the old indict
monts De renewed. Judge Brady afterward made the
following Order
The expiration OF the statute Of limitation in short
time as appears the statement Of the counsel for the
people renders necessary that the motion 10 qash the
Indictments should be made at once In all the cases ex
his and It Is The duty the Court declare it. The de-
PENDANT should not however under all the
disclosed compelled to proceed at once" lie SHOULD NC
Afforded reasonable time to prepare II the interests OF
the people shall not suffer II IL therefore accorded MN
and next Tuesday the 29h inst, at IL o'clock a. m set
anar 10 hear the motions. II the result should be adj
verse the people time VIII still DC lett Ior any ther
action that may be advisable.
ORDER OF JUDGE DoNonUE.
About the same time, Judge Donohne granted the
following order in the Civil suit against Tweed, requiring
the People to defend their order Of arrest:
Upon the complaint and papers thereto annexed, the
warrant Of attachment and the aidays and other pa
pers upon which the same was issued with ne shcrn
return thereto the order of arrest and the afaVts ana
other papers upon which the granted, with the
sheriff return thereto and upon the pleadngT and pro-
hfipf