The New York Herald Newspaper, December 17, 1871, Page 3

& The Boss Indicted for Felony, Arrested and Committed Without Bail at General Sessions. AN EXCITING: SCENE IN COURT. He is Applauded and Hissed Simul- taneously on His Appearance, Motion to Admit to Bail Denied by Judge Bedford. A HABEAS CORPUS GRANTED The Boss Taken Before Judge Barnard, in Supreme Court Chambers. FRESH SCENES AND INCIDENTS. Resumption of Legal Hostilities by Opposing Counsel. JUDGE BARNARD SYMPATHETIC. The Boss Admitted to Bail in $5,000 and Discharged. INDICTMENT, PETITION AND BAIL BOND. THE FEELING IN THE CITY. Yeaterday was one of the most intensely exciting Gays yet experienced in the proceedings taken by the Committee of Citizens in the prosecution of the parties charged with detalcations and peculations ef the city funds, The arrest on the previous evening of William M. Tweed—generully known as the Boss—electrifed our citizens and gave them Qdditional assurance that the Committee of Municipal Correction, whose investigation \nto the gigantic frauds charged against the parties implicated thercin, were not idle, but ‘Were pursuing such Investigation with all proper energy and success. The Boss, who was held in the eustody of the Sheriff, at the Metropolitan Hotel, all night, was yesterday morning brought before the General Sessions, attended by @ great array of counsel, whose only duty in the initiatory proceed- tags Was to present and sustain a motion to admit @sm to bail Mr. Tweed wan committed by Judge Bedtora without bail, but was subsequently brought on habeas corpus to the Supreme Vourt. Judge barnard granted the mouon, aud the accused was admitted to bail in $5,000 and discharged. Below is a full report of the proceedings in Oourt, : IN TBE GENERAL SESSIONS. Rere—the culminating point of interest in the @ay’s proceeuings—the scene was at once intensely 8xXciting and solemnly impressive. The knowledge ‘prevalent throughout the city that the great Boss, she buttress of Tammany, the Grand Sachem, who 4m the midst of the morai men around him seemed to defy the shatts and arrows of outrageous for- tune, was tobe the special butt of the reformers §rand tilt in a criminal prosecution, brought to- gether the largest assemblage of the higher class of citizens that was ever seen congregated within the walls of the brown stone building wherein ts hela the Court of General Sessions. The very absence of the rowdy element, the usual Rabitucs of tbe halls, corridurs and court rooms of that criminal branch of our State judl- -vature, substituted by earnest, thoughtful and imfu- ential-looking men, was an indication to the most casual observer that something beyond the common and usual proceedings of the Court was the subject of such deep public interest. The ARREST OF MR, TWEED by virtue of a bench warrant issued in conformity with the finding of a true bill by “Judge Bedford’s Grand Jury,” charging the accused with gross mal- feasance in oMce—in misappropriating large sams of the public money and converting the same to his own use and bencit—notwithstanding the previous arfeat and different degree of allegations charged against him, took the city by surprise yester- @ay morning. The fact that tne committee for the reform of public abuses was in session and prosecuting their investigations with all due energy Was almost merging into a thing of the past, only Rept alive by the Legal discussion in Albany for the feduction of bail in the case of Comptroller Con- Bolly. But out of this seemingly tranquil sky burst the thunderpolt that descended on the head of the Boss bumself—not, as before, in the mitigated torm Of a civil suit, but im the more terrible visitation of A CRIMINAL PROSECUTION. To meetthe stern demands of justice—implaca- ble and relentless, when a whole people are the ‘victims of fraud or crime of greater or less degree— the bench warrant, founded upon the indictment of the Giand Jury, was promptly issued, and while taking Is “ease in nis inn,” as was bis wont, the great Boss was confronted by bis whilom friend and brother Sachem, Sheriff Brennan, and then and there arrested and held in urance vile till the opening of the Court of General Sessions yesterday moruing. It were necdiess to say that the news of the arrest and the action to be taken thereon, the moment that the hour for opening the Court arrived, were as widely and in- atantiy Known as the delivery of the HERALD in every househola iu the city from the Battery to Harlem River. The sobriquet BOSs TWEED was a household word almost throughout the lana, at once coupled with magnificent, though spasmo- aic, acts of charity, and with the conviction at the came time that he was 4 most unscrupnious legis- Jator and political Mnancier and speculator, weav- ing mto every public act and statute some Tweed woof especially intended for his own behoof and ovenefs and of the army of retainers ana henchmen necessary to do his benests tn all and every of his plans and schemes for sell and fomily aggrandizement. The storm of puolic indignation that broke up the Tammany “Ring” and which compelled 80 many Of the “Ring” satellites inconti- nently to fy from their previously happy spheres to Spheres unknown, apparently left untouched the bead and front of the whole offending crew of de- faulvers. il, Jn a civil suit, fora million or two Was nothing to him, and whtle Connolly dragged Out his miserable existence for weeks in & prison Cell the Boss still Jorded 14 in his costly and sump- tuous halls at home, apparently unconscious or de- Gant of the doom that fell upon him aad upon bis house yesterday, THE MILLS OF THE GODS ORIND SLOW BUT SURE, and the first fruits thereof are Connolly and Tweed; after them others of the Ring of equal and less de- gree, be ground together in the same miils, and to fe meted out to them, im equal and exact Justice, the punishment due to weir heinous crimes against that society which, having so highly honored them, they so infamously deceived and wronged. THR COURT Room was crowded by respectable citizens of every busi- pese and calling in the community, Prominent to NEW YURK HERALD, SUNDAY, DECEMBER 17, 1871.—TKLPLE SHEET, nt omi- Logooy ie ty the dénoue- be Snose_ were craig, alt awaiting with Siitent of our oug: ment to the ‘act in society it Rew Way to Pay Every class of the official hanger-on—the Jack in office in bis day, now the whippeu spaniel, al! servul! who fears to say no Where vefore he was all contempt ana insult—was rep. OD the seats of the court room yester- day, The best class of our ousiness community was also largely represented, and 1t may be traly saia that the whole compiexion of the crowded audience natural to men in expecta door | pean teibe coma zem was open for the admis! the legal friends of the accused. A deep and remarkable silence had prevailed up to this moment. First entered “THE BOSS’ COUN! @ formidable array. erg erton headed the cortege, TS unavailing!¥ to jook solemn; but te the very rt betokening how deeply he felt the occasion and bis portion of the responsibilities con- nected wherewith. Next followed the blonde (b; courtesy) counsel, who subsequently did all the ung on of the Boas, put, like Fullerton’s effort to 100k grave, without Ca Then came the a three of which brought STATELY srovanTo! with long and measured him to hisseat, when instantly his fogers were run through thick curls more becoming to him than M they were real Hyperion and no counterfeit, like nis associate's; Dudiey ield and Als, with J. B. Bur- rill on the same side, followed in succession, and attaching to all were two or three jnniors, who took their seate behind their elders, The fal! of a pin coul@ nave been heard in the middie of the room Wine Gefencant’s counsel, as described, entered and their seats in funereal order, But immedi- ately thereafter a hum of expectancy arose as the grotesque, to use a mild phrase, form of Sheriif Brennan appeared once or twice at the door and wok @ survey of the interior, Having satisied Nimeelf that all was in order, and looking as happy as “Denis” himsel! might have looked on ‘work- ing 8 fellow of”? before a reprieve could arrive, he once again disappeared, and the next moment brought 10 THE CAPTURED BOBS. The feeling of the audience so long restrainet broke out on the appearance of Mr. ‘weed. But even here was the first 1eason taught of that humili- ation which awaits the man who, placed above all temptation to do wrong, wilfaly and voluntarily enters upon a career of crime. A portion of the auaience—the Court not having been yet tormally opened—clapped and cheered, while as large a pro- portion hissed and hooted. This was the y greeting. Afver him followed MR. CHARLES O'CONOR, ‘Whose appearance was the signal of a general burst of applause, District Attoruey Garvin, official: Fike stig for the people in the entered wil r. O’Conor and came in for a shareof the applause. The applause, which might have been some time prolonged—so hearty and spontaneous was it— came toa sudden stop when the crier called for silence, and JUDGE BEDFORD made his appearance. Silence instantly fell upon the audience and the attention of all wag directed to the proceed: Once and again suppressed ap- lause followed the rulings of Judge Bedford upon he points raised and combated by the opposing counsel, but beyond this the greatest ler pre- vailed from the opening to the close of the proceed- ings in Court. THE APPEARANCE AND DEMEANOR OF THE BOSS, It was very apparent that the Iate balwark and Tepresentative of the Tammany democracy in this city fels acutely the bumiltau ition in which he was placed. fe entered wi @ flushed face, which, however, soon forsook him, and he sat quietly, and, as it were, resignedly awaiting the re- sult of the efforts of nis counsel in his behali—the counter-action of his legal adversarics and the de- cision of the court. He had no conferences with bis counsel, leaving his case contentedly in their bands, delegating, no dogbt, all proper in- structions in the matter to his son, Wm. M. Tweed, Jr., who sat beside his father, and who itke him enterea with tushed face’ and downcast mien. Even he conferred but little with counsel, satisiied, no doubt, that the course of ac- tion to be acopved in the Couri—that his father’s cause In the present stage of the prosecution would ve by legal instrument taken from that to another tribunal, Such was che designed intention and af- terwards consummated act of the defendant's counse} after a ratner warm debate, as will be seen irom the subjoined report of the pr: ‘The following is a copy of ‘TUE BENCH WARRANS upon which Mr. Tweed was arrested:— Tuk PeorLe oF THE StaTB OF New YoRa—To THE DIEBIFF, £0;— sis yun tet ins fe each of take the body of Willem M. Tweed, who stands indicted before our pustioes of our Court of General Sessions of the Peace, in and for the to law. Given under ‘and seal at New York, tu 15h day of heap venaieten ‘BAM B. GARVIN, Disirict Attorney. Defendant ‘ahd in Court.—M. 7. Endorsement BRENNAN, Bherif. Judge BEDFORD, who presided in the absence of sey Hackett, having taken Ris seat on the THE OPENING PROCBEDINGS of the day were initiated by District Attorney Gar- vin, who rose and said:— I fave a case in Court ‘William M. Tweed. ‘The indictment was the Grand vury yesterday, and I am now ay ved in this soon andto hear any suggestiods counsel may make, DEFENDANT'S COUNSEL ASK FOR TIME. CouNsgEL for Mr. TwEED—We Hever had an op- portunity, if the Court of looking at this tn- aictment until within the last thirty minutes, The Court will perceive that it is avery buiky docu- ment, and must number somewhere between filty and a hundred pages. I am not prepared to say now what course we will pursue in reterence to it, We therelore ask that further action in reference to { the indictment tay over unti) we have an opportu- nity ot going through it and determining, as the counsel of Mr. Tweed, what course we will pursue. MOTION TO COMMIT THE ACCUSED. District Attorney Garvin—In the meantime we have no objection to counsel examining the indict- ment as they see fit, taking such proper time tn or- der to come to a conclusion in regard to it, in the meantime, I suppose, the prisoner will be committed in the usual manner. CounseL— What ts your last remark? District Attorney Garvin—In the meantime let tne prisoner be committed in the usuai way. Judge BEDFORD—is that the motion of tne District Attorney? It is granted. District Attorney GaRVIN—That ts my motion, Your ionor. Judge Beprorp—I say 1: 1s granted, District Attoraey GaRvIN—There is no further proceeding to be taken as I know of in the case. If counsel will indicate any time they desire we shall be glad to hear it. CouNsEL—We would rather communicate an answer to the District Attorney. in the usual way. District Attorney to the Clerk—Make out the order of commitment, Mr. Clerk. THE COMMITMENT. The following is a copy of the commitment:— New York, Dec. 16, 1871. The Prop of the State oj New York w. William M. Tod, on indictment for felony. On motion of the District Attorney, ordered, That the sald filam M. Tweed stand committed ‘to the custody of the y Prison of the city of New York, without JOHN SPARKS, Deputy Clerk. MOTION TO COMMIT WITHOUT BAIL. District Attorney GaxviN—I move his commit- ment with out ball, (To the counsel.) If you have anything to say upon the question you had better say 1 Counsel perused the commitment and said:—On reflection, the counsel for the defenaant deny the right of the Court to make @ motion Itself agatrst the defendant, The right to be bailed ts the rignt of this deiendant; be ts the party to move. Judge BeproRD—Excuse me, the Court nas made no mouon whatever. The Court desired to under- stand in the most express terms what motion the peopie had to make, vut the Court has made no mo- ou at all, The Court sits to entertain motions, but not to make any. COUNSEL FOR THE PRISONER GETS RUSTY. CouNSKL for MR. TWEED—The order, as we Will prove elsewhere, was consummate, There was hothiag said about @ commitment out bail un- ul some minutes after the order was made. We deny tue right of the Court to extend that order tu any way. ‘The decision of the Court first was that he be committed as usual. Now the quarter from which the suggestion came tnat that order did not suit tne interests of the peopie we Can only sus- pect, but are not aware positively of the quarter in which it originated; but we deny the right of any person, if Your Honor please and merely to suve the rights of the defendant we Interpose this pnbdlic dental, to make a motion agains the defengant in _ reference tw a right, which, if he desires to have the veneiit of, he 1s to be the moving party and the prosecution to be the resisting parties, if they propose to deny his right to bail, As Ll understand it, if Your Honor paw, the right to bail is @ constitutional right, here are no facts before this Court to show that this is a proper case to interpolate such words In the order founded upon a case which it is now pro- osed to introduce into them. The Court as Lothing but @ bulky indictment, It docs not know that there are any aggrava- tions about this case, mor ig it aware of any extenuations that attend it, .All that has transpired outside in reference to this transi tion the Court ts bound to be ignorant of. Now, 10. what way a paper, produced by the Grand Jury of this county, 1p opposition, as Iam prepared to slow, to the current of decisions 1 this Lourt for the last. eight or ten years, is to be treated as the basis of, or Justification lor such proceedings as is now sought to be adopted against ts defendant, we are utterly ata loss to conceive, If the Court undertook to introduce such words into its order it ought to have something betore it, which, certainly, 1s not now in its Knowledge, for the Court is now acting upon its Judicial knowledge. It knows that an inaictment 1s presented to t, the maximum punishment under which ia three years in tue State prison or «YEAR IN THE PENITENTIARY, OR A FINE OF ONE THOUSAND DOLLARS. Now in what way—and we desire simply to pro- test, not to discuss the point, because if proceedings should be taken clsewhere these facts Would have to be proved as regular facts under that proceed- ing—in whas way, In a case like that, it can be reconciled to the conscience or propriety of any court to confirm—if the matter did not originate with the Court, then, of course, | was wrong in making that Ao jon upon the Court—the action of the public . Ii the suggestion is to be con- sidered a8 originating wits him, we cannot under- WeTudge FULLERTON (interrupting)—The words } are in there (ivoking at the commitment), ned Sriend, Judge OOUNSBL (resu! Fullerton, ts, “On motion of the District At torney, ordered ti that the said Wiliam M. Tweed stand committed to custody of the warden of the City Prison ot the city of New York, without bail, or untit thence delivered by due course of law.’ That is not the order the Court made, and WE PROTEST AGAINST THE SUBSTITUTION of any order in place of the one the Court originally maae, Judge BeproRD—Fxcuse me, for a moment. I only Wish to do what 15 right in this matter, Iun- derstood the District Attorney to make a motion, and there was no opposition to that motion by the defence, and that motion, whatever it is, was granted by the Court. Now, in order to have justice and law administered here roperly ou this occa- rict Attorney to arise and say what his motion was and is? Counski—You will allow me first to finish my Bu; ons to the Court. jadge BEDFORD—It ts only to put me right. CouNsEL—It will appear in the public press In the porina. Itisevident that these proceedings are ng CLOSELY AND ACCURATELY REPORTED. ‘The District Attorney made the usual motion and nothing more—that was, to commit this defendant under his oath of office. | submit he could make no other motion, I submit it would be unheard of in & public prosecutor to get uv in a court of justice and ask in reference to the deiendant—consutuied as this defendant 1s—where the penalty 18 80 com tively trivial in one aspect ot it, for an aosolute commitment of the defendant without the right to bail. Now the suggestion we desire to make to the Court—and it 1s me @ part of our protest, be- potas, nes must not considered as arguing we in, [OF UR RIGHTS WILL aye TQ BE ENTERED UPON WHERE. The tion we desire to make to the Court is thigs—the constitution of this State says that Mr ‘Tweed ts entivied to be bailed, and he is entitled to be bailed in a reasonable amount, and it not only prohibits the Court from taking such a course as It seems to take on this oocasion, but it prohibits it, if it 1s inclined to bail the defendant at all, from ex- acting excessive or oppressive bat! from him, Our protest, then, if Your Honor please, is simply this: We insist that tne order was made without any allusion of this description in it originaily; that the order was consummate, and was supposed to be entered as it fell trom the ps of the Court, and that any iwterpolation of this kind will be treated in ahy ws“eeding which we may take upon the avtion of tue Court as entirely null—as amount- ing to AN INCONSISTENT DECISION on the part of the Court in reference to the decision it just pronounced in this matter. | desire in m} own behal!, if your Honor please, to take my stan’ here—I speak it with all respect—against what 1 conceive to be an oppression like this. The facts which have led to the finding ot this indictment are locked up in the breasts of the grand jurors of this county. It 18 not supposed that they are im any way known to the Vourt. The Legisiature has bers ig the crime which ts imputed to this defend- ani NOT AN AGGRAVATED OBIME UNDER ANY CIRCUM- STANCES, no matter how committed or when committed; Otherwise they would have annexed to the convic- tion for a crime itke this a much severer penalty than they have done, it seems to me, therefore, that when no facts are betore this Court showing ‘hat the discretion of the Court has the right to exercise itself in the direction in which it is as- sumed to exercise itself, that 16 18 UNHEARD OF, UNPRECEDENTED AND UNPARALLED ima court of justice that, eltheron the motion or Without the ‘motion of ine prosecuting counsel, th Court should enser.ain the interposition of those ‘words In the present order. As I said before, we do not wish to be considered as arguing the point, because that might militate against the righis we bave ag against the action of the Court. e make these remarks by way of protest, for the purpose of cane that the order, as originally made, stan Judge BepForD—Before I hear the District At- torney I simply wish to set mysell right in this mat- ter. A movion was made on veliali of the people to commit the accused in the usual manner. I do not wish to make any motion myself because it 1s un- heard oi, 1 merely sit here to rule according to the best of my judgment and in order to put the Court right in this matter, to show that the only object of sitting here is to do right, I now ask the District A torney to renew the motion and then if you gentie- men for the defence see fit to argue against the motion I will listen equally to either side, but if the motion which he now makes is not auswered, as the other motion was not, then | will see wuether I shall grant it or deny it. (Applause.) District Attorney GaRViN—When this prisoner ‘came into Court it was suggested that he would plead to the indictment, and the reason why be aid not was that HE DESIKED TIME for the purpose of examining this voluminous in- dictment, which was entirely proper and concurred in by me, Such time aa is necessary will be taken je counsel op the other side. I then stated to and state again, that my motion was he be committed in the usual way. He was directed to be committed in that way. I then stated that I desired to have the prisoner committed with- out bail; that was my distinct motion to the Court. Nothing was sald on the other side, and the words were inserted in the order, That 1s precisely the order of facts in which tais thing has transpired. Judge BEDFOKD—i'nat is exactly tne way 1 un- derstand tt. ALLEGED INTERPOLATION IN THE COMMITMENT. DisTRicT ATTORNEX—Now, tM the counsel have anything further to say on the subject of course your Honor will make such decision in regard to it as you think consistent with the ends of public Justice, Ex-Jadge FULLERTON—The District Attorney is mistaken mm regard to one thing. Those words Were Interpolated in that order before the learned Disirict Attorney said one Word about committing without bail. Isaw them. COUNSEL FOX MR. TWEED—I desire to suggest, because if your Honor please, these things must ve- come the subject of INVESIIGATION ELSEWHERE, and then ail parties under oath will have the oppor- tunity of stating precisely the case of the occur- Tence. I heard nothing of commitment without bail uattl 1¢ was suggested by te learned side counsel for the people to me in conversation, and it came from him, as I interpreted it, as though it ‘was an inadvertence or oversight on the part o: the Prosecution im not maki some allusion to these words before. I do hot know that I violate the principles of gentiemanty intercourse, because there was no restriction in the conversation, and what 1 stated to the learned counsel he ts entitied to re- ‘veal, but I do not know that it was understood that there Was any secrecy or confidence to that conver- sation. 1 suggested to hun, in answer to that sug- gestion from him, what J have now stated to the Court, what BAIL 18 THE RIGHT OF THE DEFENDANT, You might just as well ask Whe District Attorney to move that tae de/endant put in a plea of guilty; It ig not a bit more anomaious than the course which is now veing pursued nere tuaa if the Judge irom the bench would say, “Mr. District Aitorney, L ‘Will entertain a motion from you that the defe.dant put m a plea of gaily.” lis right to determine his course in reierence to this indictment 1s a personal Tight to bimsell, trausferred by min to ns counsel. HE 18 THE PARTY TO MAKE APPLICATION to be admitted to ball; non consiat, that he wants ball. Whether he dues or not tis Court has no Tight to Know, because noving has been said about it here, there has nothing transpired in the presence of the Court on the part the defence Which justifies the belief in the mind o: the Court that this defendant wants bail non constat; that he is willing to remalo io Close and tight cus- Uody. Why should this prosecution ve anticipa- tuonal? Why do tney reason, if the Court please, that there may be some other Court or some magfs- trate, HM you please, upon this island entitied to grant bail, and would be looked upon as more favor- abic to an appiication of that kind than tus Court is regarded 4s being, supposing iv to be regarded as suci, we are at a loss to explain? We came into this Court simpiy to preserve suence. Tnat we nave preserved, eacept su far as WE MAKE PROTEST IN BEHALF OF THIS DEFENDANT, which 1s necessary to preserve his riguts. The Dts- trict Attorney made a quallded motion in reference to the plea, On the saggestion which was made vy his counsel, tne indictment veing vulky and tey having hag no oOppor.unity to acquaint themselves with its allegations, it was deemed proper, wituout Specifying What time they required, that they shoud Le allowed proper time for that purpose, it Will be arranged 1a the usual Way in which matters Of that description are arranged between counsel for te deience and the District Attorney of the county; and all that, as 1 understand it, tran- spired before any allusion was made to the commitment without bail. Now | ask the Court be cause I am interested in seeing that proper pre- cedents are settlea here, 1 occasionaliy appear at the bar of this Court, and 1 always derive at pleasure from my appearances bere. I ask the Court why should tts precedent be established, that in @ case Involving bul thyee years at most lu the State Prison, aud it may descend in its punishment toa year in the tue rentientiary or to a fine of $1,000, or 1t May be reduced in its consequences, if you please, 10 A PBOUNIARY MULOT OF ONE FARTHING, without anything before the Court to show that It Is acting right, is deemed proper to pursue this ex- treme course? Is this applauding mob that has come into this Court for the purpose of counterteit- ing public teeling and pubiic sentiment in this case, to be looked at or deferred to in the sense which 18 now being pursued here? | always look upon a man who gives utterance to applatise in the clreum- stances under watch the appiause we have just Witnessed bas issued a8 a rowdy and not fit to be im @ Vourt of justice, A man who does not know enough of the proprieties oi life and of the decorum of public and private conduct to know that when o Court of justice 1s orgauized and proceeas under its oath in the discharge of ts public davies, that any expressions, such as we have listened Lo, are out of place, 18 A LOAFER AND NOT DBSERVING THE NAMB OF A MAK. 1am very happy to take Loe opportunity of apply- ing such terms to those Who Lave inauiged in titose expressions. Whether they were introduced here for that purpose we are not able to say, but they have my humbie judgment, at all events in relerence to the Indecorousiiess and indecency of their conduct, ‘This ig nothing, M Your Honor pi 80 far as you know, but a piain ordinary case. How many cases have been presented at the bar of this court involving much heavier oonsequences where the court has, without the slightest hesita- tion, accorded to the defendant not only his right to bail but his right to bail in a@ reasonable amount. What ts there to distinguish this case Irom that run of cases? This Court cannot Know—it may know personally something avout this case—but it cannot know anything judicially about this case, for there are Bo pretimainary papers here to show what were the fa orginaung this charge, either onside or made the Grand Ju room; and therefore the Court 18 placed in this cate- gory of having, me case Where it is entirely unac- panes with facts of the case, to show whether there were vations or extenuations In reference to the course aliributed to the defend- ant, of having denied tue defendant his constitu- tonal right, if the commitment of the Court is capa- ble of working that result. Now, in behalf of the defendant, to close these remarks, we desire to PROTEST AGAINST THE RIGHT OF THE COURT to make the present order, whether it 1s made upon @ renewed application on the part of the District Attorney to commit the defendant or whether it is made iqr the purpose of correcting a supposed over- sight or inadvertence m the order as’ originally made. We insist that when the Court made its first | order | heard Your Honor say the words “fully com- | mitted,” That was part of your language in re- | sponse to the Disirict Attorney. He made a mouon for the commitment, dudge BEDFORD—My language was, “The motion 18 granted.” That was the word, ‘OUNSEL—But the District Attorney then made no motion to commit without vail. ine BEDFORD—Tne Disirict Attorney says that id. CounsEL—Not at this time, It was after an inter- val of fifteen or twenty minutes, dndge BxpFORD—The motion which the gen- tleman made for the defence seem to «ditfer from that of the District Attorney. In order to stow that the Court bas no feeling except simply to see thatthe law 18 carried out and bat justice 1s done on both sides I asked the District Attorney tu define his status m Court. He said that ne moved for the accused to be commuted without bail, Now one of the gentiemen for the defence, in answer to that mokon, says he PROTRSTS AGAINSTS ANY SUCH ORDER. consider the motion was made, and I shall grant the motion, but giving tue opportunity now to any One of the gentlemen appearing for the accnsed, Not to protest, but to offer some argument why the mouon of the District Attorney should not be ted, and In detault of such argument I deem it } and proper that the motion should be Counsg1—We simply renew our protest. Judge Bepronp—Very well, gentiemen, I am willing to hear any argument, but the protest I do eek ia sudmicient $0 Warrant me in denying the Ex-judge Fui.Lertos—Perhaps there may bea misunderstanding of what the plea was. Did you understand the delendant to plead DISTRICT A1roORNEY—He dui not plead, Ex-Judge FULLERTON—The learned Court sald he had pleaded w the indictment. Judge BEproRD—Let tne plea be entered now. DISTRICT ATTORN“Y—Lhey took time on account of the bulky character of the indictment. JUDGE BEDFORD WANTS TO HEAR ANY ARGUMENT. dudge Brorvorp—| am Willing to hear apy argu- by you desire to make, and will listen attentively CouNsEL—We have concluded, if Your Honor Dleuse, with all respect to- tue Court, to make no application to admit to bail in tnis Court. We con- sidered it was our right to adopt the course which we pursued, and we consider that the District At- torney cannot make an afirmative motion upon te that we are going vo Make an applicauion to bail where he may think it 18 hkely to be granted, and attempt to shut that off by the interpolation of those words, because that will give rise to proof as to the course of the transaction in this Court, PRISONER HAS NO MOTION TO MAKE. Ex-Judge FULLERTON—Our status is that we Make no motion to bail the defendant, nor do we Oppose an/ motion made by the District Alturney. dudge BEDroKD—Tne District Attorney having Made a motion the Court grants it. ‘Tne Court then adjourned. FRESH EXCITEMENT, There was great excitement in the Court on the | the bailor whom he selects and tae persons who aré final decision of ine case by Judge pediord, and many of the Boss’ friends and sympathizers sur- rounded him, anxious to siase hands with and otherwise express their feelings for him im the un- lJortunate position in which he is placed, Sheriff Brenuan and Judson Jarvis, however, kept of these friends atter tne briefest salutation and con yeyed the captive to the privacy of the District At- torney’s ofice, where be remained till a WRIT OF HABBAS CORPUS was appiicd for and obtained. Krom the District storney's office the whole party at interest— Captive, captors, counsel, iriends and the gencral public then and there assembied—started fur the Tuarble building, the ne Vourt House, the work on waich and the frauds connected therewith have bad so large @ share in bringiug down retributive justice ov the heads of ihose who so corruptly trafficked therein. Here they entered the super- visors’ room, where Judge Barnard was at the time holding Chambers, IN SUPREME COURT CHAMBERS—HABEAS CORPUS. Here the scene in the General Sessions was re- enacted, with the addition that Mr. O’Conor took a hand in the legal tourney, and that the same was somewhat more prolonged, and that counsel for the delence succeeded im the motion to admit their client to bal. ARGUMENT OF COUNSEL RESUMED. COUNSEL FoR TWEED ee ‘ing Judge Barnard) said:—We are nere, if Your Honor please, upon a habeas corpus gramte¥ef Your Honor in the matter of W. M. Tweed, Wao was mdicted in the Court of General Sessions yesterday for an offence mvolving ‘at the outside three years’ accommodation in the States Prison, if he be convicted of 1%, with a right on the part of the Court to reduce the punishment to one year’s imprisonment in the Penitenwary and a fine in the sum of $1,000, both or either, according as the Court may think fit. Mr. Tweed ts arraigned on an indictment m the Court of General Sessions to-day. Time was giver him toenabdle his counsel to decide what course he should pursue in any defence they mignt oppose to the indictment. Mr. Tweed was the controller in the motion of the District Attorney, and one of the most EXTRAORDINARY AND ASTOUNDING SPECTACLES 1s the jact of the pending judgment in Court, which, 1 will venture to say—and I have a right to speak with a lettle pointedness in tne matter—has never been equalled in a courtot justice, ‘fhe further ref- erence which was made was granted. I will read to you. it states tuat Mr. Tweed was imprisoned and restrained in his liberty under an order of the Gene- ral Sessions 0: the peace, held in aad at the city of New York, and then, after setung out that he was committed or detaiuéa in such a Way as to INCAPACITATE HIS RIGHT to ciaim the present writ of habeas corpus, ac- cording to the best knuwledge and belief of your petitioner in the order of the Conrt made on the 16th day of Decemver, a copy of which is annexed, by whicn he ts about to be carried tothe City Prison by M. ‘I. Brennan, Sherit of the city and county of New York, the oificer charged with the execution ot the order by said Court, The writ has inver- cepted Mr. Tweed IN TIE WORST FORM, in hig transit from the Court to the City Prison, The order, & copy of which is annexed, entitled the prosecuuion in an indictment for felony, on motion that the salad Tweed stand committed to tne eustody of the warden of the City Prison ‘without bail untu therein delivered up by the course of the law. Your petitioner is desirous of being bailed upon the indictment on whicn the said order is founded, it being, as your petitioner is informed and believes, an act of the Legislature of the State o1 New York, entitled “An actto punish gross frauds and suppress mock auctioas,’’ passed April 9, 1853. ‘That your petitioner lias not as yet made any appli- cation to be bailed upon the said indictment to any Court or officer whatever, nor has any such appli. cation BREN MADE ON HIS BEHALF. ‘Then, in order to meet tho-e words, “withoat ball,’’ te enactment is worded in the pewution, ‘hat the order of commitment, as originally made, and a8 your petitioncr is Informed, belleves aud avers, signed, did not contain the words ‘‘vail,”” but they were added to the order on the suggestion of the Court against the desire of your pevtioner'’s counsel before they made application to admit him to ball, and public protest against the action ot the Court in that respect; therefore your peutioner prays that & writ ol habeas corpus issue directed to ‘ne said M, T. Brennan, Sherif of the county of New York, commanding him to produce the vody of your petitioner belore your Honor at your Chambers in the County Court House, in the City Hall, in the City Hall’ Park, in the ity of New York, forthwith, immediately, two abide by such order as Your Honor shall then and there make. In the words thus supplited to the Iifeless | statute, if Justice suddenly stepped down from its peaental and tarned itseil into the prosecution of the defendant aud made a motion against him, and with a view to ANTICIPATE THE EXERCISE of the right which is guaranteed him by the consu- tation Of the State of New York ana by the consti- tuvion of the United States, Mr. Gurvin read the m- aicunen t. COUNSEL FOR PRIsoNER—We must suomit to the Court, because it seems to be proper we should do 90, Vefore we enter upon the testimony to establish Bs ~ whether the Court demes these proceedings, that the COMMITTAL SHOULD BE FALSIFIED if an untruth, It alleges an untruth. A motion was made by the learned eee himseli—we are able to point to any numoer of the gentlemen of the press who were within hearing who recorded u ergs | ~ agie agg should not have been made. Tne District Attorney was placed in @ position which he had apparently to maintain; anu we are prepared to prove that the suggestion that the words “without bail’ be interpolated in the order—it was orginally made without these words—emanated irom the Judge, and he made the ol request to the ating: cer, moc only pri- vately, Dut publicly, that he should make the motion in this petition. Judge BARNARD—I cannot go into this matter in sak et a tas eeieee tit os was commu to @ e other tribunal than, this one, When Tyranted the writ | seemed that it was the proper course to have @ defendant brought betore me for the object of ball, and that being the object 1 am pre- to hear anyening about it. CounseL—L state the part that I took in the recent ment, belore the General Sessions, Hi and Bale! in the case ot \—First, to quote the indictment, secondly, to admit them to bail, In that T had the misfortune to waste SWEETNASS ON THE DESERT AIR. Itrust, however, that upon this occasion this point gil recave a little more consiaeration than ft did Judge pews Had point I cannot heed you in. bp ts q UNSEL—The point is mm reference to the ball sir, The point P nade was, an extract from iN treatise of Justice story on tlie constitution of the | United states, where he examines the provisions of | the federal constitution in reference to bail, which is almost the same in THE CONSTITUTION OF THIS STATE, ‘The counsel read the opinion of Justice Story to the effect that “excessive bail should not be re- quired, nor excessive tines imposed nor harsh or unusual punishment iniicted.” &c, So we bave the endorsement of that learned commentator upon the constitution of the United states against exac- tion of excessive bail in a case where reasonable bail ought to ve received. 1s such atrocious cunduci to be looked for UNDER A FREE GOVERNMENT? | And we have aiso from him wnat uover a free gov. | erument such @ check would hardly be expected to be necessary in its fundamental law; that there | was to be in all instances such a sympathy on the | | part of the public servants for fellow citizens when accused of crime that every sense of leniency and mercy would prompt them to grant it under the federal constitution, even if there was no such lan- guage used init. Now, if | understand the case of | '. Tweed, it rises not bevond the necessity of ex- acting irom him more than his own personal recog- nizance, In any other time than this we are pring in, when the atmosphere wouid not be charged wit! the pernicious element with which it is, there is 20 JUDGE IN CHRISTENDOM who would exact more bail, if his own recog- nizances. would not be received, than what would be security for his (hegeney pater in an ordinary case of crime that could be preierred against nim, .1 un- derstand the principle of law co be this—that ball is not so much @ confidence in the party bailed as in to retain him until the time arrives when he 13 to be produced to the Court as an offering upon TRE ALTAR OF JUSiICE. And I find the statement mentioned in a case which I will cite—Fina vs. ‘The People, in the section of Comstock, 1782—an action upon @ recognizance. One of the points taken by the defendant in the action was that the declaration contalued no aver: ment that any indictment was found against lim on the silting of the Court to which he was pound to appear, and cnunciating the principle that the recogmizance (or no immediate time, but that 1t was for any and all times subsequent, and that it was re- turnabie until the pariy was released {rom the OBLIGATION OF Til RECOGNIZANCE by the action of the Court. But Judge Bedford seems inclined to think that this proceeding, as though it the applicauon was made to admit Mr, Tweed to bail, was an unqualified and absolute en- largement of his body, it was merely deciding whetncr he should go to that jail which the people have provided without expense for the confinement of all persons, or whether it would place nim IN A CONVENTIONAL JAIL until the time arrived he should appear to answer this indictment. I now desire to call your attention to che statement from which Mr. T'weed 1s indicted, and if I have any famtharity with criminal law— although 1 do not set myself in opposition to the legal Atlas on whose shoulders this prosecution Tests itself—it does not seem possible to bring this case within the statute at all. Mr. Graham read trom the Second Revised Statute, fifth section, page 467, on “mock auctioas,” which provites, upon conviction, a term of imprisonment in the State Prison for aterm not exceeding three years, or a fine not exceeding $1,000, What fs cheat and Traud in common law, as I understand the shape Of this mdictment, 18 that Mr. Tweed, by means of private tokens, fraudulently and ANNUALLY MANUFACTURED, f Jent himself to the abstraction or procuring from the treasury of tts county large sums o! money which were not due to any person whatever, and woich were used for nls own sole and exciusive ag- grandisement, or eise for that of himself and his as- Sociates, Icall attention upon this point to the case of the People vs. Stone, when the law was felicitiously stated by Juage Sutheriand, You will find irom the comprenensive language, the expres- sion of the statute on iraud and cheat In common law. And this statute was mtended with the criminal jurisprudence if in this State such offences at common law were mdictable, but Were attended with the lowest pun- ishment provided by the statute against that com- mission. ‘The object of this statute was not to enact & new crime, but it was to add a greater penaity to the crime than was attuchabie to it at common law in case of conviction, Judge Sutherland says “the cneat or fraud in this indictment is not an of- fence punishable at law. It must be such as afects ey 1é or is calculated to defraud large numbers, ce.) Now, certainly the making of a talse voucher by the Boara of Supervisors of the county ol New ‘ork was calculated to cheat no large numbers and im no way affect the public withiu the contempla- tion of this clause, which those now read to the Court. For the purpose of a criminal prosecution to abstract money irom the Treasury Of the county 18 no more affecting the co alt than the common law definition of an indictable cheat or fraud, than if the Supervisors were mereiy individuals, It is a3 a private transaction between it and them, although they were the representatives of the people; but in all respects it was as though he had obtainea this money by means of false vouchers from the in- dividual. The mere fact that they represeirted the public does not make the crime affect tie public | thas all persons should ve aamittea to bail. ‘any more than it is affected by any crime committed against an individual. The theory of criminal law 18 that a violation of @ criminal statute is not an offence against an individual, no matter how se- verely the joss falls upon him. In that view, ne AN OFFENCE AGAINST SOCTETY, which bound to throw its arm around every member to shield them from the commission of crime. You mast remember that for every private roa. orfor every public purpose the Board of jupervisors ure a8 Much aN individual as though they were an actual individual, and winle (nat con- duct bears in its significanse upon the public inte- rests 1t 18 nevertheless as mach @ private conduct m every respect and lor every purpose of the law as though it was perlected for their own indtvidaal benef; and not irom @ trust. if these bilts alleged to be talsely manufactured in favor of Garvey for plastering the new Court House were actually falsely made, they are now private tokens Within the meaning of the law, aud wey entall a greater detriment than if they contained mm their results, as if the deiendant was one thing and the Board of Supervisors a set of individuals in the other, 1 desire to call attention to one more authority in this connection—the case of Parker— where you will find this element of common law stated and endorsed with a great deal power by Judge Clinton, in vrief folio, Judge BARNARD—in regard to the people being mjured, or any of the parties injured, these are matters of defence, and must be bronght out at the trial, We only recognize laws thatare vrought before it to say Whetuer there shail be any bau, aud, second, how much? CouNsEL—It vears on the amount. Judge BARNAKD—Bat is not a matter of right. It is @ matter of discretion with the justice. If a rson is een by justice ur the officer who brings im into court in the commissivn of ® serivus offence, he shall be justified in reiusing bail en- trely. It, on the contrary, they become satisfied that the power of the law and the interests of tne people do not suffer by taking bail, then it be- comes @ question of the amount, CouxsEL—Then we want the Vourt to fix the amount of bail in this case, unless the other side ‘wishes to be heard in opposition to tne application. The crime carries with 1 a penalty o! three years In the State prison, or one year in the peartentiary, and a fine of $1,000, and the Court has w night to vibrate between these three designations, and take such two or any Of them as it sees fit, MR. O’CONOR, 1m reply, said: Your Honor having somewhat, short- ened the argument of the learned counsel for the accused, perhaps my remarks should be in some respects curtailed, Yet, as the general asser- tion has been made that this indictment does contam & charge of an indictable offence within the meaning of the statute in question, I suppose that I cannot rightiully rest upon what has just now p: It is my uucy to show to Your Honor that the offence js au indictavie offence, and that i convicted under this tnuictinent the accused is liavle to the full penaity imposed by the statute, be it a higher or a lower grade, as may be deemed expedient and_proper under the circum stances; consequently 1 will address myself in the first place to the indictment and the nature of the offence therein contained, and en- deavor to show w Your Honor that in case the accused should be convicted vy a petty jury under this indictment he will ve habie to punishment according to the law and the discre- tion of the Court. see, sir, what the offence is. Leaving out the words my friend read, and reading only that which he omitted, and which is reaily tne precise point before Your Honor, 1 wait bring the statute to your attention:—“Every person who, by means Of any gross Iraud or cheat at common law, designediy and with intent to defraud, snali obtain from any person the signature of any person to any writien instrument, the false making whereof would be punishavie, shall on conviction ve pun- whed,”? &¢, THE PARTICULAR CHARGE in the first couni im the indictment 1s the procure- ment Of the signature of tne Mayor of tne city of New York to what may be called a@ certificate of audit, and the certificate of audit, inasmuch as it estabiished the right to the payment of a sum of money by the Comptroller of the city of New York and tne person named in it, was one ot those in- struments the false making of which would be ® forgery; consequently, the kind of signature ob tained and the document to which it was obtained were precisely of the description to bring tis case within the bratich the act under which this indicument was presented. ‘The next question 18, whether it was optained according to the terms of the indictment, was presented by means of @ gross cheat or frand at common law, and in consideration of this | must refer fora moment to what it says in this respect; ‘and jor that purpose it is necessary to look at one other statute Qnd certain proceedings iad ander It, By the ‘ourth section of an act passed in 1870 it was eaacied that all itabilities against the county of New York of @ certain description should be audited by the Mayor, Comptroller and President of the Board of Supervisors, and that the amount which should ve found to be due should be paid by the Comptroller upon the certificate, Then the instru- ment in question was @ cerufitate of audit under this act 1870, which certified that these public Officers had upon audit found to be due to THE MECHANIC NAMED AS,KEYSER in the case @ certain sum of money, and that tho paper thus signed entitied the = Wo receive the money from the Comptroller. The signature of the Mayor was obtained to that certificate by means which I ee ee name to Your Honor. This Board ot At had concluded that in any case where the Board of Supervisors were supposed to have cognizance of the validity of the claim pre- ‘vious to the passage of this act, or their committees had allowed a claim that that allowance should be sausfactory to the auditors, and upon its produc- tion should entitie mim tw the payment of the money. It will be seen that in order to these public oMfcers, in the discharge of their duty, rec nkes 4 claim 4s valid and pay it accordingiy it should have a certineate signed by the President of the Board of Supervisors stating that the claim or bill had passed the Board of Supervisors. ‘i weed, according to this statement, being himself Prear dent of the Board of Supervisors for the purpose of enabling the party envitied to the large amount Signed upon that bill or ceruficate. Now that certi- ticate is charged Ww have been FALSE AND FRAUDULENT, and knowingly made for the purpose of effecting the fraud. Jt wus manilestly one of those faise iestra- Ments that woull nor only deceive those public officers, but woul deceive any traitor in the ranks Who was disposed to deat with them or with the Individuals in whose favor It Was drawn, showing him to be entttled not only to tue money trom the county in its accustomed channel of payment, Now, the question arises whetuer the fabrication of such @ paper, being will observe, It betug a faise official document in evi- dence of the existence of a just and valid claim which did not Mm fact exist against the county of New York, whether this w a false token, a cheat, a gross fraud. Cleary 1 Within ull Whose ideas, Could apytning be more palpably a cheat at common law ? It was not a mere simple lle that would not deceive, but the fabrication of a taise woken caiculated to de- ceive any person vr officer and throw them of their guard. * * * As to the quesucn of whether bail should be allowed “he should do hittie more than repeat Mr. Graham's argument, Judge story’s doctrine was un- doubtedly a true expositicn of the law. But the constitution merely provided that in a bailable case, excessive bail should not be demanded; that when ball was allowed it should not be an empty allow- anc9, not of such an enormous amouut that the law resents the promise to the ear and denies it to the one. * * ‘Yne constitution did not proviae ‘There Was no statute so providing. ‘The matter lay in the wise discretion of the Court. ‘Tne tadictment was found by a Grand Jury yet in session, How otier indictmeuts of ine same character they migat be prepared to find? * # Le * Judge BARNARD said hecould not consider that matter. ‘The Judge had the right to do Wt if he thought proper. Mr O’Conork continued—He was about wo say that; but was tv not besides the duty of the Court, when it saw any moditication that will better sub- 8e.ve the ends Oi justice, wo suggest it? He was prepared to support everywhere that such was the uty of the Judge as well as hls right, WHAT WAS HIS CRIME? He had been piaced in a@ position which gave him the power to piace an uniimited debt upon tne peo ple—an absolutely unlimited discretion, This Man, thus trusted, sat down and certified false claims against we city o an amouat of which the Coury had uo idea. ri fat bd Ml * * His Honor had te right to conclude there were other cases beside this before him. He had the right to consider the desecration of Office, the evil ex. ample, the corruption which this nan had caused, His Honor was bound to consider the interest, the duty he owed to the pubuc, ‘This might ve his last Opportunity, for should tuls case go On ma certain direction no further appeal would be made to him, The accused simply appealed to the humanity of the Bench, * * * This man would sujer noting of this. Posstbly he uught, thougi nov very prot be put in association Wit Culprits, but the indict. ment had already more strongly than any prison Walis in that associauion, Mr. O’Conor {urther urged that the matver wag in some sense res adjudicaa, Mr. O'Connor alluded to the case of Baulch and Hagerty, aud the fact ‘Vhat they had veen denied vail. * * * If he oy his ability to give vall by wealth, by his immluence, by his respectabulty, were to be allowed to go, then would apply tne words, “Plaie sin in gold and the strong lance oi justice falls 1st Ate Clothe it in 8 and a yery straw wil: plerce 1) fhe final quesuon in this case is whether the Court ought to aecide whether ne be admitted to bali or not. | bcheve the constitution does not #: that every man accused of crime is to be admit to ball, nor las any Court or Judge said so. The question of bail is subject to the great Lien a of reason. This iadictinent has been presented by the Grand Jury, How many more (ney intend to bring 1s uuknown, the proois unknown, and Wwe question whether he should be admitted Lo bail at ull should, 1 think, be sucmitted to the Judge by whom tne accused has been commitied. Snail he be aumitied to bail? The offence is not regarded as very seriuus, but is, however, under the Dane o1 felony, punishable by imprisunment. ‘The term 18 three years, Which any mun tn the position Of the defendant would be most desirous to escape. I press thut ball be not accepted, for the reason that Itear he would endeavor Ww evade justice. The of feace charged witi ts, that as l’resident of the Board Of pupervisors ne Was further trusted to audit debts agaist the city of unlimited amount, There ig no restriction in the act in the law. ‘hts ind! vidual deliberately sat down and certified to well known fraudulent claims. ‘Tis is DO com mon offence. Your Honor would secure a mao and lock him up in prison, who, under the 1m. flueuce of drink, might commit a murder. It is not ‘what sort 0: case. It 1s @ cause Of a public agent, who ledged his honor and pieuged his oath to perform 1s duty, Wo as robbed the pubic treasury. These great public oficers—t men don’t steal $20,000 Or $40,000 without stealing a larger amount if oppor a thls defendant 1s presumed t have stolen-miilons. ‘Thou there 38 the great Hoan dal, of ws have w * ake ce. You hat jes Cognizant Yi @ right2e 'O “play-Yound to—as this be only o} Nave 2 sf, upboid thd digmty bert leas, the honor of y 100, give no Teuxou to hope to those who aay guilty-of o@egae, but can bring great Influence before you. JUDGE BARNARD'S RULING—$5,000 BAIL. Judge BaRNARD— indictment is im proper form and charges, in legal ianguage, the defendant With the commission of crime. He makes applica- court for bail, atl is dened in the Court Of General sessions, or they gee to receive Me It would never du any other couutry for a justice Of & Criminal court to tel a Grand Jury to commit a Tan without bail. Very irequently he may be in- dicted erroveousiy; the question of ball arises ip Ine face of the indictment’ or upun some extraneous prool, Now this indictment shows tnat i is a leloly with the highest punishment, three years’ Imprisonment; aud Kuowimg Loihing whatever in Tegard Lo the Ouence charged in the indicument, ana treating that oilence the same a» any oles offence of @ like character—the proper suyject of ball—1 direct you to give batl in tne sum of $0,000, ppiause.) Mr, Graham, in concurring wih the demaud of the Court, reierres to the decision of an appeal in the matier Ol the proprie- tors of the Westueld, Wuere the same priveipie of law, he said, w# mentioned by Judge Sutheriand, On the rendiuon of this ruling by Judge Barna the defendant was again surrounded by iriends warmly Congratujated Upyn his narrow escape irom being sent Lo keep bis iellow ex-oilicial company in prison. PETITION FOR THE HABEAS CORPUS, KGEG. BARNARD, one of the Justices ot the Supreme N rk: ‘The peution of Wililam M. Tweed, showing that he ts im: risoned or restrained in bis verty wader aa order of the Rourt of General Sessions of tue Peace, held in and for te city and county of New York, ut the city of New York, and that ne is not committed or detained by virtue of any’ pro- cess issued by any Court of the United States, or by any Judge thereof; nor is he cominiited or detal by virsue of the tinal judgment or uecree of any competent tribunal of civil or criminal jurtsdietion, or by virtue of any execution Issued upon such ‘ludgment of decree; that the cause or pretense of such imprisonment, adcording to the best know: beliet of your " ers, is the sald order of U day of December, 171, a copy of which is h by virtue whereo! he’ is about being Frnow by M. I n, Sherif of the city New York, the ollicer ‘ged with the execution of the sali order by the sald Conrt; that your petitioner 1s desirous o} beiny bailed upon tue Indictment on which tue vrosecu- tion in tue said Court is founded, it belng. as your Litiner is invormed and believes, an act of ” the Reginuture of the State of New York, entitled “ t punish gross frauds and suppress mock auciions, ‘Aprit % 1893; that your pelitiouer bas nut as yet made any application to be bailed upon the sald indictment to any court oF oflicer whatever, nor hus any such application ‘on his behalt ; that the order of commits nally made, and (as your petitioner is intorm and avers) signed, did wot _ contain “without bail,” but they were added the order on the ‘suggestion of the Court, against the Gesires your petitioner's counsel, ' beiore they mi to udmit him to bail,’ and public _pro- ‘ance against tbe action of the Court in F prays that s writ of words to of remo ee, spect, wheretore your petit corpus issue directed to th of the county of New York, comman: pro: duce the body of your petitioner before Your Hoaor, at your Chambers, in the County Court, House, In the Oty tall, to the City Hull Vark, in the city of New’ York, forthwith, im. mediately, to abide’ by such order as Your Houor shall “Mpated Toth December, 1871 ated 1Wti ecember, le WILLIAM M. TWEED. William M. Tweed, being ouly sworn, doth depose and say that the facta art orth iu the above petiuion subserived by him, are true. WILLIAM M. TWEED. Sworn betore me, this 16th December, 1871 —ELiau ROOT, Notary Pubiie, New Yo THE BAIL BOND. The following 1s the bail bond sworn to and signed by Mr. Tweed and his surety, Mr. Sands:— State of New Yorks City und Crwnty of Nw Yorks we Be it remembered, that on the s:xteenth day of Desember, in the year of our Lord 1871, Wiliam eed. of No. of] Filth avenue, in the Sands, surety, of v0. 136 East personally caine before the undersigned preme Courtof tne city of New York her that 18 Lo aay 3 hattels, lands and tene- ple, if default snail be made io full foree, power ana virtue, M_M, TWEED, Principal. SURED aM SANs, WR Bae | jeegeer atest me, the day ‘fret foresai: OR Ue undersigned, princwpal and surety inthe an ide hereby wipulate, agree And eongens