The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-30
WILLIAM M. TWEED.
Motion to QuaSh tho Indictments
Argument Of Counsel.
JUDGE. BRADY RESERVES OPINION.
Additional Facts and Fig
u1.es Presented.

gressor is hardn came up In oyer ana Terminer
yesterday, before Judge Brady, on a motion
brought by bis counsel TO quasn the indictments
still threatening him in connection with his acts
as Chairman OF the Board oil Auditors. There was
a pretty large attendance at she opening OF the
court but az che ex- Boss himself was not present,
ana the 81 gument or counsel was OF the tamest
aud most embarrassing kind, the close OF the
proceedings saw very rev present Mr. Tweed
was represented by counsel 10 the persons OF
Measrs. David Dudley Field Dudley Field and
Eldesteln. William NJ. Tweed, Jr., was present 10
the end, Tue people, who by legal parlance are
supposed to be the prosecutors, were represented
oy District Attorney Paelps and Mr.. Peckham.
Mr.. Dudley Field opened the proceedings by
submitting his points, in printed form, and
speaking very briefly on the motion to quash. the
following are the legal points presented In
schedule form, showing the amount the voucher
and the accusation in each and which Mr.. Field
subsequently pressed upon the attention OF The
Court in briefly celebrating his motlon:-
INDICTMENTS UNTRIED.
A-December 49, ls7i$ ,55s 81, keyser Co., felony,
s-Fe5TuSry ., Is7s-sHsss q, Keyser a Co., felony
S~octo6er Il, ls72-s2zss7 IS Keyser 4 Co, felony
i5NFetSaSTy - 1873 sgss7 So Keyssr Co. felony
I-Fe6ruaTy NJ 1855 81 10 J. Mcbride Davidson
iO-Fe6rdars d lsi5-s6sSl5 20 j. Mcbride Davidson
s-Fe6ruary % is7s-sI24s2 l6 ). Mcbride Davidson
Il .II % is73-sl2. TO- j. Mcbride Davidson
s.fe6ra5fy 10 is751ssg go H. O Boilar Co., for.
gerry, third degree.
72February ~ 1873 sel IL Q D. Bollar o. mis-
s-February 20 ls7s-ss5n4 o. G. D. Boar CO.. Tor
7.tebruary y, 1913 $50 IA o. q D. Bollar ca,
i~fe6ruary ~ ISIS 3GOss So u A. Smith, INSIDE
~ February 20 ls7s-sl2i2s u O 5. miller, INSIDE
s-Feh-uary % is7s-s 500 40 81 J. Mcbride Davidson
s-Fe6sSafy Z, is7,sl257 n J. Mcbride Davidson
ia-seSFa-Ty y ls73-sss,2IS 81 Ingersol, INSIDE
is-February ., is7s-sG7 ,s7 p, Z. D BOnar o.,
5-febrqaTy 25-s5se75 8, . Mcbride Davidson O.,
4@fs6ruary 2S9sS9,s79 G. D. Bouar 4 CO., forgery.
X-Noyemher ~ o73-Sl267H ~, 4. y Gafvey, getting
Y-Juae ~, L573-S5I9a3 s5-keyscr Co.. misde.
INDICTMENTS CLASSIFIED.
Az Indictment found BY ne Grand Jury q the Court
sitrward transferred to the oyer and Termlner marked
This action OF tho Grand jury was attempted to DO
legalizea " Tue legislature, Laws q 49,, ,. 4
he Recorder has already quashed similar indct-
2 Indictments superseded ~ subsequent indictments
81 indictments upon warrants included in the OMNIBUS
have been mad These are A, n x, IA ana A..
Of the Board 81 Auait the defendant having Teen II.
ready convicted aud punsned Tor the miscoaducL six
teen the indictments unon vouchers alleged 10
have been pissed ~ the soare u Audit N 1870
Indictments found IN the oyer anu lernlincr when
unauthorized persons we're present with the Grand
indictments containing other intrinsic defccta
The following are the points Of AT. Fields argu-
ment:-
r,a-rha extension q me Grand Jury q the, Court
act q sls cannot nave z retroactive effect ~ A. 10
ieei II ii 4 slse s.i1i r,.lel IL IL
Pc statute a. = .anerselins indie 'm,nw g
n ny l.' f,g ths aIo ra,er sboulb ebare N
aifereat oneness the in ctment nrsI found shan be
decme y r. sapef ,eded Dy sae9 second Indictment
hls itpoeso - q tue seventeen inaic 'ments-A, ~
Thyi-fne defendant having been already punished
FOR Violation " hls auy W respect % certain war
a anu u should - quashed Tor that reason
been arey psnshsi ctsao he asn paSish6 s
yioAton d as daty a. auditor 10 respect y any q the
though not included ~ the omnibus Indictment he
NEGLECT q tne aeenaaht subjected nim y Que punish
iect extended There was but one crime and tlere can
ieadant 6er eave Is rcfer T. 6pe Of tie briefs used 10
the ASS lately decieel ~ t4c Court u Appeals.
Should 1e quasned because certificate aud approval
si1A-rhe indictments tound In june 1873 Should 10
quashed because not FOUND within three years alter NE
huGIng indictments from three t. i've years
ss-a Sihs indictments framed under whas y called
the Mock Auction act describe 70 crime. That act
gbI Sone Il lie lnIistmen's vas procured through
the Intervention q ~ az atborzcd person 4 appetn
Ole .ns court that Two indctme ~ nere lou1d when
ma r. rs eradicate tals ~ Iec0us4erius tie VOC
an voting second tine ~; taat i Is submitted va
MINI hs lie whole Is that every ficiupnt
penlng AGAINST deienaant should * Quasbed
tor slnsic rsAsoa aal sge pr sfters reasons wnieh
serve adj rstts which may aise out o. any indictment
III VIE. 81 aas y already had nqtiee L raNor 4 g
indictments. should any indictment 70 found nave ne