The New York herald., 1876-08-02
Sheriff COnner's Dilemma in Regard to
the Tweed Judgments.
Sharp Judicial Lecture to the
Police Commissioners.
COnstitutiolality Of the Habitual
Criminal Act
Security the First Element in Fighting
Rapid Transit.

fnqslry at she once Of Mr Wheeler H. Peckham
yesterday resulted In throwing but little light on the
cause Of shori1 Conner failing hitherto to make re-
turn execution hts hands against the property
ef William n. Tweed. II is known that some tme
after the due. which WAS on the l2th OF
last month"; request wss sen. from Mt Psckham's
otnce for return But instead Of making one Sheriff
Conner private letter TO the Attorney General nt
Aibary which has been already published, requesting
Instructions 10 how he should proceed in re-
spect TO The sale of property against which notices
OF lis pendens arc still nlc as that Of
the judgment debtor In reference to this lct-
Ter Mr.. Peckham said he regarded It as .
private letter from the Sheriff to the Attorney General
with which he (Mr. Peckhaml had right TO interfere
concern himself As to the ShernTs duty refer
TO the execution that would have 10 DO disposed
OF very soon. The circumstances seem to place the
Sheriff IN y rather unwclcome dilemma, under the law
rolaes TO suits which private parties plain
t1s and which probably in all respects apply TO this
At the expiration OF sixty Gays after the dev-
cry Of execution the Sheriff II he aiis to make
return OF his action thereon at plaintiffs request the
latter apply the Court Tor order compelling
him to do so. II he returns the execution
IN this case, in all others In
which order has been granted against tho
defendant unsatisnsd In whole In part the body Of
the judgment debtor becomes liable for the balance
Having permitted Tweed to escape from his custody,
The Sheriff becomes liable to the extent Of the judg-
ment paid, least to the extent of the bond III
loss than that judgmen in default OF which Tweed
la his custody In ether aspect oil the law the amount
10 certainly such that the Sheriff may we'll hesitate to
place himself position to DO called upon pay It
until he shall have first exhausted all Efforts satisfy
or reduce II by the Seizure and sale OF property of
Tweed But even IN cases whero lis pendens are fled
II the Sheriff proceeds to sell in oppo-
gtion to the claims OF alleged innocent
owners before decree has been made upon bill
In equity to test title he will be liable to the
alleged II titlo should be finally declared
be IN him and not in the judgment debtor. In such
cases the Sheriff may compel private suitor to
indemnify him by satisfactory bond before he Will
act and t becomes Qestion in this whether no
NAV not require similar indemnity from the sovereign
people OF the State and II So who will give Il : But
all these questions speculative to some extent they
Will doubtless very soon be settled under
stood that Mr. Charles O'Conor town yesterday
consulting and advising about the matter As stands
now. plainly the best tactics which Sheriff
Conner can pursue Is to gain time in the hope OF real
Izing the amount OF the judgment from the property,
the vague hope that he may day again lay
hands the Boss " IL stated yesterday that
approximate estimate could be made OF the value Of the
real estate still covered by lis pendens. and the only
guide thereto is a statement made by Mr.. Peckham
some months since whe opposing an application 10
OF the orders. that up that time almost
all Of them had already been removed and little
property that could be relied applicable to tho
judgment remained