The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-07
Motion to Amend the Certifi-
cate Of the Elisors.
IMPORTANT TO LAWYERS.
Soundness of Sam Weller's Adj
vice About Widows.
Suits Growing Out OF the Fourth
Avenue Improvement.

Pursuant to adjournment, Judge westbrook who
sustained the challenge the array OF jurors in the
case ofwliam NJ Tweed, sat yesterday In the Supreme
Court Circuit hear a motion Of the prosecution TO
amend certificate Of the esors far as TO alter the
name of tho Juror empanced as George w. Southwck
by substituting the name Of John Q. Southwick,
and thus hasten the trial Mr. Peckham OF counsel for
the prosecution said that after due consideration Of the
propriety Of taking step, no course, which would
OF the least possible doubt as to the regularity Of
the proceedings no trning question Of irrcguariiy
when the verdict the counsel for the people had
come 10 the conclusion to the Court 10 amend
the certificate Of the csors and the return Of the
Sheriff, by striking on. GvvfEESS southwck and in
sertins Ssonn c. southwick.
Judge westbrook suggested the difculty that II he
did so there would be the list with regard TO
whom the defence had no opportunity Of striking
j. u VS. c-nons the foryefght that
would be the first stcken out and as q matter
Mr.. Field had stated that If he knew Mr. southwick
partner of Mr. Schultz he would object to him surely
Mr. Schultz was to be wtncss
Mr.. Peckham replied that the chooser testified that
Mr. J. e. S5athwck the man intended, ana that
they spoke OF him the partner of Mr. Schultz, which
sufficiently characterized him II IL individuals not
mems names thcy select II would be different II he
selected Schuitzs partner and turned out he
was not Besides Mr.. Schultz was TO be witness for
the defence and they could not object to his partner
and the motion should be granted and great delay and
expense avoided.
Judge westbrook here inquired OF Mr. Field
whether he understood who Mr.. Southwick at the
drawing
Mr. Field replied that he did none OF the striking and
though he did not question the statements OF tile
clerks he recollected nothing OF the kind Ii the Court
gave him an opportunity TO strike J. c. Southwick
from the list OF iortyeight he would whether that
would not be the FIRST thing DONE
Mr.. Peckham offered TO retire and take the forty
eight names again and strike from them.
Mr.. Fied-We Will concede nothing Of the kind.
They got a law TO enable the state TO for the
county's debts You might well say the Legislature
could pass law empowering the Stale to for Jack
held him IN s. 000 700 bail, and having done all these
exceptional things, they expect indulgence
from he defence when they are in difficulty.
The Court gscstcd that there were cases in which
the State might Tor iividual's debts; for in
stance, when he is adjudgod lunatic
Mr.. Fied-And when the county OF New York is
9tudged lunatic, VIII not object q alghter
Mr. Peckhsm said tie Corporation Counsel was pres
sented the county unatic, and that nobody can
take care OF its AHA rs but Tweed aughicr.l II
not true they held him in 81 0ooC for hc away
Mr. Carter then addressed the Court contendng that
from the authorities there could be no doubt OF the
power TO amend. The right men, whose were
the County Clerks lists were served and that was
enough. II the went 10 trial tue prosecution
dertook TO remove, by percmpory challenge Mr. John
defendant had no stock except in technicalitios
Mr.. Field said II he were consulting hts con-
venence he would not be very In resisting
the application. He could say behalf OF his aSsoc-
ates that they weary OF this paltcrng upon pro-
cesses and mistaken methods and he should wish 10
get through before the summer solstce But his duty
to the Court at least required that he should object
the application If the learned counsel for the defend
ant wished TO get themselves In trouble there
reason why he should be solicitous about it, If
they preferred TO swim the open with their heads
In bag and their feet in nets II not for the de-
fence to trouble about IT, But amendment
OF the sort applied for record. IL remained
precedent, and chiefly that that no
had any thing say the subject otherwise he would
In silence and let the Court dispose OF the question
as It seemed it, II had been repeatedly intmated in
court almost every morning In the newspapers that
this was a fight upon technicalitiesP Now those who
made such observations mistook themselves very much
and mistook their adversary the IL would be
well for the people 10 know that here claim of
$7,oOoO00 OF this sum 81 900 600 were due and they
81 O00, 900 divided among number OF people
They had allowed the claim Of 81 100000 to 60, and
brought suit TO make him pay $1,000 600 the whole
amount Was there ever anything like this heard OF IN
aland of law and that too, in the name OF fictitious
plaintiff The county had no right to sue and a law
made override the Court OF Appeals Four million
OF dollars admitted be due TO the contractors,
and Connolly, Carney and Ingerso allowed to
scot free while Tweed was sued for all Aitcr that
he trusted he would hear about tecbnicalites
and want Of merits. This application 10 substi-
tute for George W. Southwck druggist another who
has different Christian name, different address and
does not deal drugs The application too
late; II arguing the challenge already decided
Again the Court might the physical power
amend but not the Judicial for the paper was some
thing which took place between the parties
After further discussion as TO the facts the
junior counsel for the defendant Mr.. Dudley Field and
Mr.. Edelstoin Informed the Court that when they
wcre striking they not that Mr.. southwick
was a partner OF Mr. Schultz and at the direction of
the Court they drew up afidavits to that OBJECT
In reply TO Mr.. Field the Judge said he did amend
they should 81 back to the original list OF forty eight
given by the esora
Mr.. Field urged another and conclusive to
the that the defence had prepare their chal
lengcs TO the list the list summoned by the Shcrh,
and should not be in measure entrapped BY any alter
alton
Answering afidavits wero read from Mr. James Kent
and MIR. Peckham. The affidavit OF Mr.. Pockham set
forth that the statement that Mr. Southwick was
partner OF Mr.. Schultz made In the presence and
hearing Of defendants counsel
The Judge said, considering the question, he
would take It that the George W. Souihwick
the list OF ortyeeht without business address,
and decide on Monday
Mr. Peckham said the precise relief he asked was 20
strike out George w." from before s'Southwickr
tho Sherin1s certificate and elisors list
Mr.. Fied--Then you will alsify the Sherr's roturn
which gives Mr. Southwick vcsoy street druggist
That Is all.
The Court then adjourned
LAWYERS RIGHTS.