The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-07-24
TWEED'S CASE.

of appeals decided that, as matter of law,
Henry Ward Beecher was entitled to a
"bill of particulars" the bar and people of
that state ought to be prepared TO accept
as good law anything which that court, or
any other court in the state, may utter.
Notwithstanding this, such insignificant
lawyers as Charles O'Conor express sur
prise at the action of that court in discharg-
ing William NJ Tweed Oh writ of habeas
corpus, and declare that the decision is not
good law. However this may be-and it
would doubtless be called very poor law in
every other state in the Union-the only
matter of surprise is that such lawyer as
Charles O'Conor, with his large experience
at the bar and his intimate acquaintance
with the course of legal proceedings and
their result, should express surprise at any
thing that court may decide 20 be good
law. O'Conor may be right, but, unfor-
tunately, the court has the advantage OF
hint has the power and the last word,
and however ridiculous its decisions may
be, they must remain as authoritative law
in that state, although their tendency aud
apparent object is to defeat the ends of
justice.
If the whole object of legislative enact
ment and judicial proceedings in New
York was to reduce stealing to fine art and
throw stumbling blocks in the way of OBJ
tanning redress for plundered people, that
object has been attained in the several pro-
secutions against Tweed. 1t is an unques-
toned and unquestionable fact that he has
robbed the city of New York OF millions
of dollars, that he grew rich out of his
plunderings, that he has refused to make
restitution in whole or in part, and that he
still retains his i'll gotten gains making use
thereof to obstruct the due course of JUS
tcc. His stealings enable him to employ
the most eminent of counsel, and they
with the aid of the courts have enabled
him thus far to defy the people. Upon
his first trial, he was discharged by the dis
agreement of purchased jury. The Sec
ond trial resulted in verdict for the peo-
pie, but the court of appeals set aside the
verdict and discharged the wealthy GRIMM
al from arrest. Had he been poor and
without influence, he would now occupy
felons cell instead of brazenly confronting
the people whom he has robbed and plum
dered. With the aid of seemingly appro-
pirate legislation, it is again sought to
make him amenable to the law, to compel
him to disgorge his i'll gotten gains, and to
mete out to him due punishment for his
misdeeds. His counsel are ready, the tao
tics of the Beecher trial are resorted to, a
"bill of particulars" demanded, and a
truculent court is found ready to side with
the swindler and against the swindled.
In this last case, Judge Donohue-for
that is the name of this justice loving ju-
rist-has made an order that the people
shall elect whether they will prosecute
their suit against Tweed for the neglect to
audit the claims against the city or for a
conspiracy to defraud, that they must
abandon one or the other of these charges
and then directs that the defendant shall
be furnished with "a bill of particulars of
the plaintiffs claim, setting forth in full
land detail CD the whole of such parts of
"and items in each of the bills, accounts,
vouchers, or warrants mentioned in the
=" complaint, as they claim to have been
false, and (2) the whole or such parts of
items as they claim to have been fcti-
tious, and (3O the whole or such parts of
=" items as they clam TO have been fraudu-
lent, and setting forth in each case the
parts, portions, or items of such bills,
accounts, vouchers, or warrants as they
claim represent supplies, materials, OF
labor not furnished to the plaintiffs. Civ
I" ing the description, date, and amount
thereof, and such parts, portions or items
as they claim to have been over-charged,
:" or in any other respect false or erroneous,
stating the amounts and descriptions OF
"supplies, materials, and labor actually
" charged, and at prices at which they
''were charged, and also setting forth the
"prices at which 1t is claimed they should
90 have been charged"
A moments examination will show how
much or how little of law and justice ther,
is in this order. The people sue to recover
some six millions dollars alleged to have
been obtained by Tweed, on false ant
fraudulent vouchers, in pursuance of {
conspiracy tentered into between him
Connolly, Kyser, Ingersol and others
and that by means of the neglect OF
Tweed to properly audit the bills the,
passed without question. In reference I,
the requirement that the people shall cleo
which charge they will proceed upon ant
abandon the other, it is enough to say tina
either act without the other would hay,
been without benefit to Tweed. After th'
conspiracy had been entered into, it wa
necessary that there should be failure o
proper audit, otherwise the fraud woult
have been useless. So, too, without thu
conspiracy, neglect to properly audi
would have worked no injury to any one
Although the conspiracy and neglect Il
audit were two distinct things, yet they
were equally the act of Tweed and boil
were necessary to make the actual fraut
complete. The neglect to audit enabled
the consplrators to carry out their object
yet the court, in effect, say that the people
may prosecute for barren conspiracy or {
fruitless neglect, neither of which alone