Year: 1872

Leading Counsel for the Defenda mt
Snubbed by the Court-M0nday Next
Set Down ms the Day for Trial.
| Yesterday morning the Court or Oyer and Ter
miner was crowded mainly by city politicians and
curious public to listen to the proceedings In
the renewed argument in the case of william NJ
Tweed, who was called upon to plead before Judge
Brady on charge OF misdemeanor. NV. Tweed
was present with his leading counsel, Mr.. David
Dudley Field Mr. Fullerton, william A. Beach and
W. 0. Bartlett.


Judge Brady decided that the District Attorney
could not be compelled to furnish with particular
ity the names of the witnesses who appeared
before the Grand Jury In Mr.. Tweed's case; but as
the District Attorney had stipulated to give the
names OF the witnesses in the present case, he was
undoubtedly bound In honor by that stipula ton !;
but 1t also appeared that the District Attorney had
substantially fulfilled his stipulation by producing
In general way the names of the witnesses.


Leading counsel for the defence desired the men,
bcrs Of the Grand Jury submitted to the Court and
to defendants counsel for examination.


Judge Brady refused to comply with counsel's
request, and counsel excepted both to the ruling
as to the witnesses and the minutes.


Mr.. Treman said that the motions and applica.
tions were simply to gain time, and were out of
order 1t would be time enough to make such ap-
plications after Mr.. Tweed had been arraigned
and he now moved that Mr.. Tweed be arragned to
plead


The action OF the prosecution was denounced by
counsel, and he was proceeding in strong terms to
comment upon the act or the Court when he was
called to order by Judge Brady, who said he con-
sdered his conduct disrespectful and would no
longer listen to such remarks.


Assistant District Attorney Sullivan moved that
Mr.. Tweed be arragned to plead to the Indictment
found against him on the 18th Of October, 1877,
charging him, Jointly with Mayor Hall and ex-Comp-
nnt.fN ntlt xpaf aa;.
meanor in conspiring to commit frauds upon the
city and county treasury.


Leading counsel opposed the arrangement at the
present time Counsel had not had time 10 ex-
anime the indictment, which had been Improperly
found and Improperly drawn Counsel desired to
move to quash the indictment, but there had been
no time since 1t had been in their possession to do
this. Mr.. Tweed could not integently plead to an
indictment which was so voluminous as the one in
question before that indictment had been critically
examined by his counsel Ii was absolutely neces-
sary that time should be given to examine some OF
the warrants and other papers in the case to see
| which were forged and which were genuine. He
would almost sooner desert Mr.. Tweed than advise
him to plead to this indictment at the present time
1t was strange that when murderers unnumbered
were not brought to trial such hot haste should be
exhibited by jealous assistant Attorney Gener-
als'' who had bitter enmity against Mr.. Tweed.


Mr.; Tremain opposed the application Of counsel
for Mr. Tweed Two weeks was too long IN any


would not state what they would do after examin-
| ing the Indictment. The indictment was long, but
4 II was extremely simple and could be easily under


stood. Leading counsel had gone out Of his way to


denounce counsel for the prosecution and impugn


their motives. such conduct In this respect was


unprolessional, and he knew he was uttcring un-
| truths when he attributed bad and corrupt mo-


tlves to counsel for the prosecution Counsel was


adroitly acting SO as to gain time and his In


jured and innocent client from trial by "preju-
| diced jury.n lie would do well to consider here
| after what remarks OF personal character he ad-


dressed to counsel for the prosecution, he might


ind that blows could be given well as received.


Judge Fullerton spoke in support OF the applica-
GOn OF Mr.. Field for two weeks time to examine


the indictment The 0aths OF counsel required that
| they should have sufficient time to examine an in
| dictment before advising their client how to plead
or deciding whether to move to quash. Counsel for


the prosecution were familiar with all parts OF the


indictment and knew well the relations OF the sew
4 eral parts to each other, while counsel for the


defence knew nothing comparatively about this in
/ dlctmont.


| Judge Brady said that he would grant delay to
J Monday next, SIMPLY to prepare motion to quash.
| One week was ample time Tor such purpose as
| the Indictment though long, was quite simple.
Leading counsel for defendant moved that the
| prosecution be compelled 90 deposit where counsel


for the defence could have access TO examine them


the vouchers connected with the charges in the in
| dictment.


| Mr.. Peckham said that the vouchers were in the
| C0mptroller's offce and could be examined by
| counsel at their pleasure.


! Leading counsel for defendant moved that the
! prosecution be compelled to elect on which count
/ OF counts OF the indictment IT would 80 TO trial.
Judge Brady SAID that question could be disposed
Of after counsel for defence had akamined the IN