Year: 1872

Another Field Day of Legal Argument-


The Motion to Quash Pressed Upon the


Court i'm an Able Spcech-Thc Court


Takes the Papers and Adjourns the


Case Till the 10th Inst.


The Tweed case wes again taken up yesterday
morning, before Judge lngraham. David d. Field
az was arranged yesterday proceeded to argue in
rebuttal OF the arguments OF the prosecution. lie


first took up the intrinsic objections OF the defence
as to the meaning given to the word "audit," and
briefly urged that false construction of the word
was made in the Indictment. He instanced the
case OF the Auditing Board of the Board OF Foreign
Missions, which he said met monthly merely TO
look over the accounts, but not to compare the
salaries with the resolutions fixing the amounts
He disposed OF this point very briefly, and
went on TO speak 60 the intrinsic objections,
which relate TO the manner OF procuring the
indictment He spoke OF Mr. Peckham's appear
ance before the Grand Jury, claiming that he did
80 after having expressed in the newspapers his
opinion that Mr.. Tweed was the guiltlest man in
the country, Tie very fact OF his being thus preu-
diced rendered him unnt to be just adviser of the
Grand Jury, and "f the District Attorney himself
had made use OF such language we should move to
quash The Indictment as being improperly obtained,
snd think the Court would sustain us.n Counsel
slwet on the safeguards for preserving the purity
~ the Grand Jury, and went over the same line of
argument AS tue counsel who had preceded him for
the defence, but adapted 1t to the points raised by
the prosecution. lie said ID was q novel pro-
ceeding in criminal law for private prose-
Cutor who went before the Grand Jury 10
obtain conviction TO change his character
aud become their legal adviser. Mr.. Peckham, he
said, did this. He was not District Attorney nor
public prosecutor. and yet lie forced himself into
the Grand Jury room. Counsel exhausted the SUP
ect very thoroughly, reading from the Statutes the
power OF the District Attorney in advising the
Grand Jury, and he contended tnat he. and he only
was authorized to communicate with them. in con-
Cluson lie asked the Court TO make this case pre-
cedent Ior the future, and by his ruling 60 render
justice TO the defendant by quashing an Indictment
which was obtained by an entire subversion of
statutory regulations He said His Honor was the
proper person TO make this decision. He was about
TO retire from the Bench which he had graced Tor
so long time and would DO so with the CONSCIOUS
ness OF having performed his duty rs an honorable
man. We ask the Court, in conclusion, TO DO what
you eau, and that is great to bring back this
old institution to its ancient purity and vgor IL
- 0lder tnan the discovery OF this Continent IL Is
older thln all the civilization which we around
us and tlc magnificent fabrics Of society that have
grown up rom IL. Its root was in the Middle
Ages, beyond the time ol legal memory II has
been guarded by statute and by constitution and
never, believe, anywhere In the history Of the
Angl0-Saxon race have they laid down the organic
law, but they have provided that, although there
are no longer any monarchs to COW them or tram
pie them IL tie dust, yet there are communities


majoritlcs and political parties which are as dan.
ihese taey guard " and they have pro.