New-York tribune., 1876-01-18
THE TWEED JURY.
cAS TALEssiyS III SUMMONED 7-AECCNETT BffORE
JUDGE wTsIBEoOE-MR. Fields oiiFR.
~ .r.r1,r.nnt IL thn 1nn.linn ml.ni nor ihn

CAS TALEsJES III sUMMoNED l-AECCNEN1 BfFOhE
JUDGE wTsTBROOE-MR. FIELDS on FE
The argument of the question whether the
ten Jurors obtained from the struck jury panel IN tue
smaller Tweed ouit suppl ueltod by Jurors Oh
taned from talesncn summoned by the sheriff. or sub
stiiu,c for the sheriff directed Icy tie Court, was argued
a length yesterday before judge Wysbrook. in supreme
Court Circuit. aud too1 tuo whole WORKING day. Nj.
P.can sad hr understood the defense to concedr that
the t1lcsn.u If ordered should bc summoned Us COro-
ner Mr. Field answered that ne had not couccc tins.
Nj. PcglaIn said that ho would inclndc thdt in has
motion and would present affidavit % the effect that
tbs Sheriff. by OF the dceHd'n's escape, waS 80
Interested 10 disquahiJ him.
Mr. pocSham then presented his argument for the or
derng OF tal-smen, claiming that he had consulted other
lawyers WHO mad approved his that the English
practice was entirely in favor Of such course and that
tie New York statutes in it, favor The Revised
Statutes hearing the question were as follows:
Whenever sufficient number OF JURORS duly drawn
ana summoned dO uut appear cannot be obtained 10
form Jury the Court may Oref the Sherit 10 summon
the bystGnder- or from the county at large 80 many
persons qualified 10 jurors tG De sufficient
If by reason or Tor any other rcatOn there
shall remain ballots undrawn Or II IN consequence OF
Jurors being set juror obtained from the
list returned by the Shern Or tc tIni OF
some Other pcr,"h 10 DO appointed by the
Court, to summon jurors rOn the byedhdeir or other
persons VINO .. shall be competent jury for tho
Trial OF issue Notwithstanding tLcre nay be none
o the panel of jurors returned OJ tho sher upon sdch
jury.
statute Of 1870 Mr. Peckham said, had been held 10
deprive the courts outside OF NewYOrk County OF tho
right of sumnOning taesnen, but that expressly e1-
ceped the County OF Now-York The question therefore
was simply whether the act Of 1917, relating expressly
10 New York. and the act Of 1861, aud some other acts,
had the effect III relation 10 special JuIy III New
York Mr. Peckham argued at length that this was not
their effect.
Bir. Field said;
The learned counsel in making this motion has thought
II necessary 10 OIty himself with the opinions OF OtCr
counsel. think IN that respect ne has made mlstaEe.
don't think IL necessary To fOrtify ones self with Ao
opinion other COUNSEL nor 70 look abroad for impulse
10 influence hlm IN the discharge OF MS dutlce. hhH
have altogether too much interference from outside
with the administration or justice. mean to do my
duty as regard IT, and am bound to do 1t without
dicatOn from any quarter, newspapers or anybody
olse and shall not call in tho aid OF any person upon
that subject And, while speaking upon that subject, let
say one OF the Dewbpapers-IHE NEW YORK TRlBUNI
Is very sOl!cOus where sct my fees VIII tell one
its editors called Tweed when he came from Blaeh-
wells Island; and further, toll whether
gentleman whom it for years charged most grossly
and / trust falscly-with having robbed
great public corporation OF vast sums OF money
sustained Now, here is fair OFFER II ihey fully
answer these questions will answer them, and will
be also prepared them at the time infOrna-
ton which my associate counsel have IN their POSSESS
If the Court shall come to the conclusion that 1t cannot
add 20 this trurrated jury there another struck jury
10 be got ON Thursday. say here that il the learned
counsel will meet us half way we will agree on struck
inry and that there shall be no challenge at ALL except
our peremptoy challenges la fact that should DO
tue only tried, as that Involves all the issues Ia TINS
Perhaps that be done, at least Will give
efforts TO have ii done. l imagine that II we sit
down together can get an Impartial Jury, not paril
side the Other-impartla citizens who VIII
justice. Mr. Field then arguodi that itnere could be
addition TO tho ten special jury men, by taesnen or In
any other manner whaiever that the English pIece-
dens did not apply. and that the American preeedens
all against such course The course OF the laws
6ade summons Of taesInen in the rost OF the state was
cOgent In reference 10 the laws affecting the city.
Judge Westbrook reserved his decision.