New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-16
EXPRESSIONS OF THE JUDGES ON THE DE-
CISION.


A pIsAGREEABLE DUTY PERFORMED AFTER HARD
LABOR on TIE CAsE-yIEws OF THE Chief
JUsTICE-rHE EVIL THAT WOULD FOLLOW con-
CURRENCE IN THE DECISION OF THE LOWER
CoURT-POLTICAL aspects OF THE CASE NOT
CONsIDERED-A DECISION UPON ITS MERITS
ONLY.
10y TELEGRAPH TO THE TRIBUNE.l
ALBANY, June 1j.-The Court OF Appeals has per-
formed very disagreeable duty manfully. The SIX
members composing it-fOur Democrats and two
Republicans Judge Grover being still ABSENT
have reversed the decision of the Court OF
Oyer and Termner in the matter of habeas
corpus of William N. Tweed, plaintiff, against
Joseph l.. Lscomb defendant III error. Two opinions
were rendered, the importance Of the case being
deemed such that at least two should be rendered,
although both are substantially the same. If there
is any difference it lies wholly in the fact
that Judge Allen Celebrates the legal points
of the case under consideration, and
that Judge Rapao presents plain review
ineligible to the reader showing the strict equity
of the decision. Members of the Court arc tonight
cnjoyng a sense of leisure which they have not ex-
perienced for many months. Each member has la
bored hard upon the during the recent short
vacation and continued his study Of it in
the intervals of leisure during term time.
The discussions upon particular legal phases OF the
case have frequently been very long and warm, but
an opinion in favor of an adverse decision against
the lower court was deemed inevitable on the very
first consideration of the facts contained in the
appeal. There has been no argument looking
to any other decision, except that slight opposition
which the natural reluctance OF some OF the judges
to render decision so liable to be misconstrued
and tortured into political capital might sug-
gest. The decision is the full, unconstraincd.
IS pf
1t is well known that Judge Grover, who
is at present rapidly recovering from his illness,
at his home in Allegheny County, agrees with the
substantial meaning of the decision, although he
was not represented in the formation of the judg-
ment.
Chief-Justice Church said tonight that the Court
would probably not have given half the consideration
to question involving the same law points, were the
circumstances connected with it of less general in
terest. The decision and the opinion OF the
Court is 30 clear and equitable that the
humblest may read and understand. 1t has been
influential in some degree in causing a long delay.
He and his brothers the bench felt that
the mass Of people would remember only
that this man Tweed had stolen enormous
sums from the Ncw-York City q Treasury, for
which IL years Of seryitude was not too severe
punishment and forget that he tried not for the
crime of embezzlement, upon conviction OF which
such punishment might DO inflicted, but
for misdemeanor, the most petty grade
of crime upon which an imprisonment
for one year was an unusual punishment. The great
mass of the people failing to remember these differ
ences he said would also fail to recall the fact that
the prisoner, being tried upon only one indictment,
was sentenced upon twelve This was q usurpa-
ton of power in court, concurrence in which by the
reviewing court would work more evil to human
liberty than any step of oppression taken IN the
present century, The Court, while thus DESTROYS OF
presenting its decision in the cearest light, has not
felt called upon to consider in any respect
it's political aspect OF its effect upon the
government of New-YOrk City. They were unin-
formed Of the fact that officers of the law have
been stationed in Twceds vicinity for several weeks,
ready to serve a new warrant upon him the moment
the adverse decision was rendered, and they were
indeed uncertain whether new criminal ipdict-
ments had been found against him. They have
rendered their present decision simply and
solely upon its merits, and they are very glad
to be rid of it. One of the judges, worn down with
labor and study over his opinion on the matter, re-
marked plaintivey TO a friend the other day, 81
wish Tweed were in heaven" The remttitur of the
Court will reach the Oyer and Terminer Court to-
will thereupon be ordered.
HOW TWEED RECEIVED THE NEWS.
THE PRISONER LONG HOPEFUL OF FAVORABLE