The New York Herald Newspaper, November 30, 1873, Page 10

THE CouRTS Taintor, the Embezzling Bank Cashier. He Is Sent Seven Years to the Albany Penitentiary—Judge Benedict on Bank Officers. tn ay tage, and the Corrtis at Mberty, In passing sen- tence, to consider the temptation to which a man @ | has been exposed, and I know that with persons © harged with the custody of TRUST FUNDS ‘there is a temptation held out by outside parties which is always before a man connected with monetary associations; but the temptation which to cashier or manaver of a national banking association 1s @ temp- tation to be resisted, and when yielded to is always to be followed by an ignominious punish- ment, You were not tempted to this crime by hunger, nor by poverty, nor by the fear of penury, and I find, thereiore, in your cage but one eure mitigating circumstance’ which enables me to Ln- fict less than the full panishment. The tempta- tion you were put in in this establishment was greater than should ordinarily attacn toa cashier of @ bank. This arose out of what seems to me to be the CULPABLE, IF NOT CRIMINAL, CONDUCT of some of the oficers of this insuatution. | It is im- ossible that these fraudulent transactions—un- Another Stokes Juror—Two Months’ Im- fiwiut in’ their character and hazardous in their prisonment and a Fine for Taking the Freedom of the City. In the United States Cireuit Court yesterday, | ins is the only circumstance of mitigation which after Judge Benedict had sentenced Taintor, the Grand Jury came into Court, handed in sume bills ana were discharged until Saturday next, with an intimation from the District Attorney that, if necessity required, they would be called together again before that time, Bills of indictment have been found against the following persons :—Joseph ‘Warren, alleged murder on the high seas; John Brodie and Henry Freund, presenting a traudulent internal revenue bond on behalf of a cigar manu- facturer, and Matthew Richardson, alleged perjury while giving testimony in the recent case of the United States vs. Kdward Lange. The following persons were held to bailin the gum of $500 each, before Commissioner Davenport yesterday, on charges of having evaded the pay- ment of the special tax for the sale of whiske, Jacob Fandy, No. 1,947 Third avenue; Peter Daly, Fourth avenne, between 120th and 121st streets; Jobn Baker, No. 887 Tenth avenue; James Moon, First avenue and 110th street, and L. Weigold, No. 221 121st street, In the United States Cireult Court yesterday Judge Benedict pronounced a decision refusing to grant a new trial to Oscar F. Wainwright, who had been found guilty at a re- cent term of the Court of perjury, in jalsely swearing that he owned a house in Broome street in this city, witile tendering himself as bai) fer one of the persons charged in connection with alleged frauds at the Spring Valley disullery. It had been contended, on prisoner's behalf, on the motion for a new trial, that there had not been waticient evidence laid before the jury to convict him of the crime of perjury. The Judge said be en- tirely agreed with the verdict of the jury. Wain- wright will be brought up for sentence on Saturday next. Meanwhile his counsel will present papers to the Judge in mitigation of punishment, Another of the Stokes jury finds the exercise of Ris antics asacitizen in the capacity of a juror attended with rather inconvenient results, Robert Porter, one of the jurors, who pleaded guilty to <riminal contempt of Court in leaving the Astor ‘House in company of an officer and visiting his old Baunts in the city, was fined by Judge Davis $100 and sentenced two months in the County Jail, to stand comm tted until the payment of the fine. In the United States District Court, yesterday, the case of Siney vs. The Union Trust Company, which is a proceeding to throw the affairs of the Trust Company into bankruptcy, and in which counsel for the petitioning creditor had given no- tiee that he wouid apply for an injunction to re- ‘Strain the alleged debtors from parting with any portion of their assets, was called before Judge | Blatchford; but sn adjournment to next Saturday s00k place. The proceedings to have Jay Cooke & Co. adjudi- ated involuntary bankrupts in this district were also called up before Juage Blatchiord, when it appeared that all but two members of the tirm had ‘been served with the order to show cause. With regard to those two an alias order was issued and the hearing was further adjourned until Saturday next. Henry A. Prentiss, route agent of the Post Office Department, running between New York and Mid- dletown, was brought before Commissioner Daven- port yesterday, and charged with having purloined the contents of a money letter wiich was mailed at Paterson, N. J., and addressed to one Jehn B. Burton. It is alleged that part of the money con- | tained in the letter was found upen the prisoner. The Commissioner held him in $4000 bail tor ex- amination. William Colligan and Edward Bu‘ler were yester- @ay committed by Commissioner Shields, itn fault of $1,000 bail each, on a charge of having, while employed as fremen on bourd the steamer | Gity of Merida, smuggled 10 boxes of cigars into ‘this port from Havana. Ho Geta Seven Years’ Imprisonment in Albany Penitentiary—Jmige Benedict Rebukes the Culpable, if mot Criminal, Conduct of the Direetors:of the Atlan- tie National Bank. In the United States Circuit» 7ourt Frank L. Taintor, who was convicted at a recent term of he Court, belore Judge Benelict, of having embezzled $425,000, the property of the At- wantic National Bank of this city, of which establishment he had been cashier, ‘was brought up esterday for sentence. It wil be remembered that a new trial was sought for in this case on the ground, ¢salieged by the prisoner's counsel, that the Judge had improperly excluded an offer of evidence to anow that Taintor, im using the money of the bank in stock specula- tions on a “margin” in Wall street, acted with the knowledge and consent of the President and some of the directors of the bank, The motion for a@ new trial was relused, the full Court sustaining the position taken by Judge Betiedict. When the matter was called on yesterday the District Attorney appeared on behalf of the gov- ernment, and Mr. J.C, Carter, Mr. A. Oakey Hall and Mr. Jolin Sherwood for the prisouer. Taintor sat near them; he appeared entirely calm and col lected, wae neatly dressed, and looked a pertect picture of utter indifference. The District Attorney—I move for the sentence ofthe Court on Frank L. Taimtor. He has been convicted of misdemeunor, and the imprisonment Jor that offence is not jess than five nor more than 10 years. Judge Benedict then pronounced the following NTENCE. ‘The character of the crime which you have com- mitted ix marked by the punishment which the statute inflicts in cases of this kind. Under the statute the crime iso} such a character—tha the abstraction and misapplication by an offic @ national bank of the funds of that bank, however insignificant—that itis regarded by the jaw as d serving Of, at least, five years’ imprisonment. Tb crime Which you committed was great, for you de- voted to an in per use a large sum irot THE CAPITAL OF THIS BANK and wilfully misapplied it for the purpose of stock speculations. In those speculations you used # very large portion of the emtire capirai of Us na- tional banking association. The magnitude of this crime Would seem to itidicate the highest degree of punishment suggested by the stature, and in the absence of mitizating clrourstances it would undoubtedly be the duty of the Court, m a case of this description, to imfict the highest . punishment = auiuorized by the Jaw. It is also, however, the duty of the Court to exercise mercy in sentencing @ prisover where it can be done with due regard to the int society; but the interests of society and cc ishment jor criminals must not the Court in paseing seutence. Lhave sought, in the facts presevied to me on your behail | for some mitigating circumstance whict would enable me to reduce the term of | imprisonment indieated a8 proper by law in a case of this Kind, My attention has been caied to the fact that you have lutherte borne a good character, That affords butJittie ground of witiga- tion ina case of this character, because crimes of this description are committed by men who have borne good characters; and weither the characters nor the position, nor the wealth, nor the power ot the men who have committed crimes like this should serve to mitigate their offences when con- vieted, My attention has aiso been called to the tact that your DEALINGS WITH THIS MONEY Were not for the purpose of making profit for your- veil but wehieving & benefit ior the bank. Pecu- Tiary profit is not the only motive Which impels to he commission of crime. Ihe desire to acquire B.wet und reputation, to weliieve what men call Powerty usiness, 18 with some men & more and th motive than a desire for ga Motives undoubtedly had great jnfinence in 4 evens: we you to the commission of this de. | overlooked by | Just ‘hey were Mouyer of personal aawgu- | Davia to Maria Davie, al) OF tye city of Brooklyn. nature—could have been perpetrated by the cash- jer of this bank without the knowledge of the President and directors, if shey performed their duty. They did not perform that di you without that proper supervision which, a8 cashier, you should have nad; and, therefore, on incurred the temptation under which you tell. I find in your case, The sentence of the Court under the law is that you be imprisoned for a period of seven years, and that the sentence be executed in tue Albany Penitentiary, The prisouer, alter a brief conversation with his counsel, was removed from court in charge of Chief Deputy Marshal Kennedy. THE STOKES JUROR. acouerericnnancaa Another of Them Punished by Two Months’ Imprisonment and a Fine. Robert Porter, the juror in the trial of Stokes who had been indicted for disobeying the orders of the Court in leaving the Astor House with an omMver, without permission of the Court, and visit- ing various disreputable places and talking about the subject of the trial, was yes- terday arraigned in the Oourt of Oyer and Terminer to answer to the indictment. He pleaded guilty tw the indictment, and thereupon Colonel’ Spencer made quite an elaborate plea in his behalf He urged in his defence his previous good character, and that no charge haa been preferred against him of allowing himself to be approached with the view of infuenc- ing his Verdict as a juror. He hoped that under the circumstances the Court would let him off, and promiged that such lentency would make a better man o! him in the inture. Judge Davis, in passing sentence, said that he could Lot under any circumstances let eff without any punishment a juror who had so knowingly and wilfully violated the special directions of the Court. ‘there was no more important or solemn duty than that of juror, and particularly when the ease undergoing trial was one of marked public interest and the issue one of life and death. He called his attention to the serious- ness Of the offence, and said that, while it Was not suggested that he was bribed, it was plain that he bad exposed himself to grave suspicions. While not wishing to be harsh, an example must be made, and he would therefore sentence him to two months’ imprisonment and a fine of $100, to stand committed until the fine was paid. BUSINESS IN THE OTHER COURTS. a SUPREME COURT—CHAMBERS. The Special Sessions Judges. Before Judge Fancher. Application was made in this Court yesterday by Mr, Wiliam F, Howe for a writ of error in the case | of Bernard Wengler, removing the proceed: | ings to the Court of Appeals. Judge Fancher at once granted Mr. Howe's application, making the same returnable on the 17th of next month, at which time the important question touching the constitutionality or other- wise of the act under which the hew Police Justices presiding in the Court of Spectal Ses- | sions were arponted by the Mayor will come up in the latter Court for final adjudication. SUPREME COURT—SPECIAL TERM. Decisions, By Judge Sedgwick. Jones vs, McDonough.—Motion granted on pay- ment of cos’ See memoranda, : Carlyle.—Motion denied, Ritter vs, Phillips,—See memoranda. Miller vs. Gibbons—Order denying motion to vacate jndgment. Alexander ys. Addie.—Order vacating order of arrest, Mercantile Trust Company vs. Phillips et al Fitel ve. Bracken, Wing vs, Chase, Clements v Jones, Boz vs. Norton, Ritter vs. Phillips, Schwarz- schild vs, Miller.—Orders granted. COURTS FOR DECEMBER. The closing month of the year ts the busiest month of all im the courts. Judges and lawyers, to say uothing of the unhappy clients who, at the | best, have to suffer enough from “the law's de- | lays,” are anxious this month to hurry to comple- tion as Many cases as possible. In alt the courts there are, notwithstanding the vigilant efforts of the year, large calendars. The chief inter- est, however, will be in the Court of Oyer and Terminer, where during the past two months jus- tice has been playing unwonted havoc among no- | table offenders aguinst the law. It is the intention to prosecute | THE RING SUITS, | that already heve consigned the great leader Tweed to the Penitertiary and sent two oi the lesser sat- ellites to State Prison, with unavatea vigor. Por the first week, however, Judge Ingraham will hold the Court, when oaly minor cases will be taken up The object is te give Judge Davis an opportunity to recuperate his puysical energies, which have been so severely taxed in the protracted trials of Stokes, | Tweed, Ingersoll and Farrington. It is probable that the trial of Harry Genet will be the next in the series of ing trials, Alter him will follow the cases of the indicted New Court House Commissioners and other alleged operators in the “Ring,” against whom indictments have been found, but whose names are still withheld from the public. In Supreme Court, Chambers, Jndge Brady will preside; in Part 1, Judge Barrett, and m “Part 2, Jndge Van brunt. <A romor, but doubtless unfounded, has been started that the newly elected County Clerk will change the clerks in this Court. With a view to the retention of Mr. Richard (©. Beamish, the clerk at Chambers, all the judges have signed 4 letter to Mr. Walsh recommending his reappoint- Ment, and a petition tothe same effect has been signed by all the leading lawyers of the city. Mr. Beamish has been clerk for this Court since 1854, and, was the first clerk appointed of the Court. There is scarcely any doubt of his retention, as also that of Colonel Joline, Clerk of the Special Terin ; Danie! Seuily, Clerk of Circuit, Part 1, and | Major Haskins, Clerk of Circuit, Part \2, whose | efficiency has been too thoroughly tested to ran the risk of any chan: In the Superior Court Jnages Barbour, Curtis | and Van Vorst will preside at General Terin, Judge Freedman at Special ‘erm, Juage Monell at Trial Term, Parti, and Judge Sedgwick at Trial | Term, Part 2. In the Court of Common Pleas Jndge Loew will preside at Special term; Judge ©. P. Daly at Part Ri renit; Judge Larremore, Part 2, Circuit, and Judge Kobinson at Equity term. | BROOKLYN COURTS. COURT OF SESSIONS. | Imprisoned tor Bigamy. | trial under ti THE TWEED'S COUNSEL CONTEMPT How They Attempt to Purge Themselves, but Fail. Judge Davis Hauling Them Over the Coals. A Fino of $250 Imposed on Three Counsel and Two Let Off with a Severe Lecture. Ascene such a8 was presented yesterday in the Court of Oyer and Terminer has never before been Witnessed at any legal tribunal in this country. ‘The scene was Justice triumphant over counsel, Who, with unwonted and unscrupulous audacity, had dared to defy her, and, through attempted in- timidation, shield from his just behests the great “Ring” leader in the municipal robbery and cor- ruption that had made our city government the subject of such wide-spread scorn and opprobrium., ‘The history of the “mysterious protest” (so called jrom its purport being so long kept from the public knowledge), presented by counsel at the com- mencement of the trial, has already been published inthe HgRaLp. Judge Davis, as is well known, very quietly put the document aside after recelv- ing it, and gave no intimation of its pur- port unti! last Monday he called to account in the matter Mr. Tweed’s lawyers. The severe lecture he gave the gentlemen on this occasion was unl- versally pronounced a masterpiece in its way, and yet, while uttering the most scathing rebukes to connsel for their brazen hardihood in submitting to him such a document, was characterized by a most dispassionate calmness and quiet dignity, He gave the,counsel until yesterday to prepare a reply in self-justification, As might naturally be expected, the occasion was one attaching to itself unusual, if not to say extraordinary, interest. For some time defore the opening of the Courts the room was Qensely crowded, It was not the fre- quent deputations of the “great unwashed” who so frequently fill our court rooms, but made up principally of the leading members of the bar of the city, As Judge Davis took the Bench the court room was as silent as if he were about to pro- nounce the death sentence upon a noted criminal. THE MYSTERIOUS PROTEST. With view to an intelligent understanding of the grave subject matter at issue, itis better in the outset to lay before the reader tne mystical document itself, otherwise known as the “myste- rious protest.” Itis as follows:— xr or OvER AND TeRMINER.—The People, t¢., vs. M. Tweed.—The counsel for Willian M. Tweed y respecttuliy present to the Court the following asons Why the trial of this defendant should not be had betore the Justice now holding this Court he said Justice has tormed, and upon a previous trial expressed a most unqualified und decided opinion unfavorable to the detendant upon the facts of the case; and he dectined to charge the jury that they were not to be iniluenced by such expression Of his opinion. ‘A trial by a jury, intinenced as it necessarily would be by the opinions or'the Justice formed before such time, Would be had under biag and prejudice, and not by an impartial jury, such as the constitution secured to the defendant. ad—Before the recent act ot the Legislature of this providing that challenges to the tavor shall be tried by the Court, any person who had assumed a position in réterence ‘o this case and this defendant, such us said Justice has assumed, would have been disqualitied to act as trie. The defendant is no less entitled to a fair trial of his challenges now than he wastormerly. What would have disqualified a trier then must disqualify a judge now. Third—Most of the important questions of law which will be involved in the trial have already been decided by the said Justice adversely to the defendant, and upon some importaut points his rulings were, as We respect- fally inelst, in opposition fo previous decisions of other udizes. Although there may be no positive prohibition of ese clreumstances, it would be clearly a violation of the spirit of our present constitation which prohibits any judge from sitting in review of his own decisions. ‘The objection to a judge who has already form an opimon upon the law sitting in this case is rent from the fact that in many States where jurors judges of law as well as tacts he would be absolutely disqualified as a juror. DAVID DUDLEY FIkLD, “J. E. BURRILL, ELIAU ROOT, JOHN GRAHAM, 3 * WILLIAM FULLERTON, WILLIAM BARTLETT, W. 0. BARTLETT, WILLIAM EGGLESTUN, THE ANSWER OF COUNSEL. : In response to the remarks made by Judge Davis to the counsel on Monday last, the latter had prepared an elaborate reply. This answer, which takes up seriatim all the charges made against them, was read by Mr. Fullerton. After a general disclaimer of any intent of disrespect to either dJucge or Court, it insists that the motives impnied by the Court were unfounded, and such as they, a3 nonorable counsel, could not have entertained. They recall that in presenting this paper to Judge Davis they were contending proiessionally against a current prejudice against their chent. They say that the protest was made some time ago, pre- sented when first the occasion for its use arose and presented in the most delicate way. It would have been premature and indelicate for them to have presented this paper before it appeared that the Judge would sit. In fact they had heard that Judge Davis was making efforts to secure another Judge. After calling attention to the tact that Mr. Burrill communicated his withdrawal from the case to the Judge before he communicated it to his asso- ciates, they disclaim any intent such as supposed by the Judge to intimidate him or drive him from the Bench, nor can they understand how the Judge could have ropes the paper was for pub- lication when he h: been informed that it had never been given to the public. They submit that where their action is consistent with high motives and strict professional conduct other motives should not be imputed. It then proceeds to dis- cuss the remarks o! the Judge on the sunstance of the communication, and said that while respect tor the Court prevented them from entering into a controversy with it as to the falsity of certain statements in the paper, they must direct the at- tention of the Court to the stenograpuic report which had been made for them and on which they had relied, Judge Davis here directed Mr. Fulerton’s atten- tion 10 the fact that in quoting he omitied sen- tences which qualified the sentences quoted, Mr. Fullerton said they had not quoted more than seemed to them necessary to establish the right of the counsel to believe their statement to be trne, and proceeded to read the statement, claiming that they were at least so jar justified in their statemeut that it could not be declared untrue, They disclaimed any intent to impute any tmprover motive to the Judge when they said that persons who had assumed such a position to the case would be disqualified as triers. It was inerely that under the old law triers were required to be entirely indifferent between the parties, and the Court should not appoint as trier any one objectionable to the prisoner. ‘The point of their suggestion was whether the Judge, in view of this, was willing to assume the duty ol the triers. It Was no answer to say that the statute conierred on the Court the duty of selecting @ juror, since they claimed that the acts of 1872-1873, taken together, were unconstitutional, and iv would be @ novelty to punish counsel for taking points of law which the Judge overruled, and sup- porting them by logic which the Court deemed un- sound. He calied the attention of the Court to the Jaws of Wisconsin, allowing a change of venue for prejudice in the Judge. That statute is as follows :— “Any defendant, on an indictment found in any county in this State, may apply for achange of venue and Belore Judge Moore. Mrs, Kiiza Henning, who pleaded guilty to big- amy, was yesterday sentenced to the Pentrentiary for one year. During the absence of her husband from this country Mrs. Henning married a young man who lived in the same house with her in Spencer street, and fied to Philadelphia, where the couple remained until her consort tired of and deserted her. She returnea to Brooklyn, and her husband (Henning), who had, shortly before, arrived from ‘England, fully and freely forgave her and consented to live with wer again. It seems, however, that, upon return. | ing to Krooklyn and finding that his wife had mar- ried another man and cleared out with hum, Hen- ning obtamed a Warrant for her arrest, and she | had hardly been reinstated 1 her home ‘berore an oilicer arrested her. Her husband piead Jor her, | but in vain, and was himeeif locked up, in order | tut his attendance at the examination before the | pand the trial might be insured. Mrs, Hen- hing is avout $5 years of age and her husband over 60, They have #everal children. SURROGATE'S COURT. ck’s Record, | Before Surrogate Veeder. During the past week the Surrogate acmitted to probate the wills of Barbara Ruggaber, Richard Proctor, Alexonder Simpson, Robert Stackpole, Wiliam Rudkin, James Madden, Louis Gunze ser and Anna B. city oF Letiers of adininistration were aiso gran the estates of Ann Mal Delancey W. kuevels, William T, Nichols, Mary Monahan, Wiliam Car: roll, Livingston 8. Bartholomew, Waiter bradiey, Frances Mitcvbell and Sridget Grady, ali of the city of Brooklyn. Letters of guardianship of the estate of Laura D. Muchmore, Alfred E. Muenmore, Walter P. Machmore, Allen W. Pierson and Kuma G. Pierson were granted {@ Maltvy G. Pierson; of biien Lan nigaun to Jolia Leavey; of Charies Carroll to Thomas Carroll; of Rupert Selg and Albert Setg to b Marquardt; of the person of Jennie b. on account of the prejudice of the Judge of the court Where guch indictinent is found, im the man- ner provided by law for change of venue in. civil actions, and it shall be the duty of the Judge or Court to which such application is made to award such change of venue.’ He also referred to the United States statutes allowing transfers to the United States Courts in case o! prejudice or local influence affecting the State tribunals. The por- tions of the Judge’s charge on the former trial, which the counsel regarded as an expression of unlavorable to the prisoner, were as fol- “Now, gentlemen, I am asked to charge you pon various propositions by the defendant, and itis iny duty to call attention to them, in order that they may take exceptions if they desire and to do it as briefly as 1 can. ‘The first proposition is that the questions of fact are entirely for tne jury to decide. Thatis true, You are the judges of the tact. * * Although you may be able to sec, a8 J hope you are, that I have but one opinion 1 these transactions myself tdividually, yet you are not to be governcd by that opinion. That opinion i# not to be controlling upon you, W you tink those things are jast and fair it is of no éon- sequence that I think o i Atter the conclusion of the charge on the first trial, Mr. David Dudiey Field said:—“! observe that in the first request there is quite @ significant omission. Task the Court —— The Court—I did not charge these ¢ aet words Mr. Field—Aliow me to undersiand you. Yon charge that the jury are vo find according to the ut any in evidence upon their own oats, wi) fuence from the Court whatever. W charge that, The Court—I cannot enarge that. I charge as J have charged aud I deelme to charge otherwise. ‘They are the sole judges of the fact, Mr. Field—But without any influence from the Court. Uf the Court declines to charge that part we submit we beg leave to except. ‘The Court—{ do dectine to charge, emphatically. The counsel quoted this colloquy between t Court and Mr, Field as justifying thetr statement in the so-called “protest™ chat the Justice had re- insed to eburge the jury on the first trial that they were not to be infinenced by his opinion, In conclusion, they declare they have done nothing im View OF ibese explanations yobecoming pheir du. ask yon to ties as counsel or disrespectful to the Court. A brief aMidavit made by all the counsel, disclaiming all intent to commit & contempt, Was subinitied to accompany the statement. KEPLY OF JUDGE DAVIB. In reply Judge Davis said it was dificult to dis- embarrass the case trom the susp.cion of personal motives, but he disclaimed being governed b; such, and said that had the paper veen hande him privately, out of court, he should have paid no attention to it; but as it was handed to the presiding Justice of the Court of Oyer and Ter- miner it required attention, He commented at length on the paper, denying that he had expressed any such bias as to disqualily him from sitting in the case. The paper charged that he had ex- presssed an unqualified opinion on the facts. He cited his own charge to show that, while he nad avowed that he had an opinion, and would be ashamed not to have one, he had not stated what that opinion was. Though that was the fact it mattered very littie, for it was well set- tled that a judge might express an opinion, It was charged that he had not charged the jury they were not to be influenced by his opinion. Some litue countenance to this was given by ther own stenographic report, but tuat, equally with the Court stenographer’s report, showed that he had anxiously impressed on the jury their responsi- bility and their duty in judging on the facts. Again, said the Judge, it had taken some tion to the case unfitting him to orm a jury, It would be extraordinary il, in going through such & ter @ judge did not form an opinion on the Jaw an facts, If that was what was meant it should have been so expressed, But stil more objectionable was the foliowing :—“*Any person who had assumed te position toward the defendant such as the Judge has assumed is dis- quaiified,” &c. If it was intended tg impute a improper relation to the defendant there was no foundation for such an aspersion. He recalled the demand of the counsel for triers and that the Court take the triers’ oata, thus raising properly the constitutional questions; but this paper undertook to say that the Judge was uniitted to sit by reason ofthe new duties imposed on him. The reason that because he had passed on the questions of law his sitting to retry the case was in violation of the constitutional provision forbidding a Judge to sit in appeal on his own decisions was absurd and monstrous. There was nothing to support It He discussed briefly the difference between this proceeding and the orderly iormal transter of cases in Wisconsin, and irom State to United States courts before the trial was reached.’ He then conciuded as follows:—‘‘In the extraordinary case to be tried counsel possibly thought it part of their tactics to prevent the Judge then situng from trying the case. It was, it appeared to him, an attempt, by the signatures of the names of dis- tinguished counsel to that paver, to intimidate the Judge. Counsel in vain sought ‘or such a prece- dent, and will tail to seek here or in England for a case of a tribunal not taking notice of a paper of such a character. it such @ paper was presented to an Enghsh dudge by the counsel present, clothed as the English Judges are with powers which the constita- tion wituiholds trom our Judges, not one of them would be sitting here now, and not one of them would find his name one hour aiter on the roll of counsel. (Great applause from the audience.) As God is my judge, said His Honor, what | feel 1t my duty to do 1 do, not from any personal motive, bat from solemn duty to the Court, the Bar, and, above all, to the administration oi justice in my ype gk No lawyer is justified in any act for the sake of his client which would render him amenable to the bar of hig own conscience or tend to degrade tie tribunai before which he appears, or lessen respect jor that official authority on which s0 much de- pends for the preservation of our institutions, I must make the mark so deep and broad that all members of the Bar will know here- aiter that all such efforts are open to cen- sure and punishment by fine, as the law permits. I fine William Fullerton, John Graham, Willard 0, Bartlett $250 each, and order that they stand committed = un- til othe fine be paid, im respect to the younger members of the Bar who have signed thisjpaper—Eiihu Root, Willard Bartlett and Wiliam Eggieston—I have this to say, | know how young lawyers are apt to follow their seniors, Mr. Eggleston did not take an active part in the trial, and Ido not speak of him. The other two young lawyers displayed great ability during the trial. 1 shail impose no penalty except what they may find in these few words of advice:—I ask you, young gentlemen, to remember that good faith to « client never can justify or require bad faith to your own consciences, and that, however good a thing it may be to be known as successiul and great lawyers, it is even a better thing to be known as honest men— (applause)—and that there is no incompatibility whatever in the possession of both of these titles. Proper orders will be prepared by the clerk and submitted to me.” PAYING THEIR FINES. It was evident the fined jawyers had no notion of undergoing the alternative of commitment pre- scribed in case of failure to pay the fines imposed, Immediately after the adjournment tney handed over the required sum to Mr. Sparks, the cierk, two of them counting out the specified amount in greenbacks from their piethoric pocketbooks, as if, evidently, they had come prepared for the emer- gency, and the third giving his check. The scene almost degenerated into an alter comedy, but the laugh was decidedly on the side of the spectators, the lawyers not seeing so clearly where the laugh came in, and parting with their money evidently with a pang that was something more than pro- fessional. The story was told witha gusto, and It was here the laugh decidedly came in as getting the best of the Judge—that the objectionable paper was actually preparea by Mr, Root and the younger Bartlett, the others assenting to it, and, therefore, making themselves responsible and having to pay a fine while their juniors get off with a decided compliment. The entire novelty of the scene, altogether, gave ft a lively zest, and among the lawyers, who are quite as prone to talk when not paid for it as under the influence of a retainer, the merits and demerits of the case found an exciting topic of talk for some time afterwards, INGERSOLL STILL IN THE TOMBS, James HR. Ingersoll, the convicted ex-chairmaker, is still in the Tombs, and nothing has been done by the Sheriff as yet to prepare his prisoner for Sing Sing, 1t ts supposed that Ingersoll and lis friend Farrington will be taken on Tuesday to the State Prison by Deputy Sheriff Shields, but as yet nothing has transpired to make this positive on the part of the Sheriff. At resent very few persons are admitted to sce ngersoll, excepting his own family, and Farring- ton’s family are also admitted. It is calculated that the summary action of Attorney General bar- low in the Tweed case may hasten the action of the Shertif as to the disposition of Ingersoll, SHARKEY, The Police Claim He is Still In the City—Lhe Evidence Against the Women Accumulating. Everything about the Tombs yesterday seemed to be merged in the excitement consequent on Tweed’s removal to the Penitentiary, Warden Johnson was bustling around very busily, but seemingly cool withal, answering all the numereus and varied questions put to him by scores of re- porters and others. Sharkey’a escape was almost forgotten in the general excitement, but the Warden expresses himseif as still busy col- lecting evidence as to the manner of the escape. He pertinaciously refused to say what evidence he has in his possession, but it is understood that the proois against the two women, Jourdan and Allen, are daily accumu- lating. As to the complicity of the keepers noth- ing new has as yet been discovered, John Jour- dan, Maggie Jourdan’s brother, presented a pass signed by Commissioner Laimbeer, yesterday. On the side of this pass was written the words, “Must be approved by Warden Johnson.” When the pass was shown to tne warden he refused to countersign 1 and Jourdan had to leave without seeing his sister, The war- den bases his refusal on information received from Captain Irving as to the character of Mag- gie’s brother. Charles Sharkey, a brother of the escaped prisoner, was around the Tombs most of the alternoon, but did not ask permission to go in- side. He contented himseli with sending a mes- sage to Maggie Jourdan, ‘The detectives are working very hard in the case, but refuse to give any information as tw what they are doing, Sharkey is believed to be secreted in the Eighth ward, and the police authorities profess to be able to unearth him very shortly, POLICE MATTERS, Evidence was taken yesterday belore Commis- sioner Gardner in the complaint against Examin- ing Engineers Hotten and Sutton, of the Sanitary squad, Several witnesses swore that they gave the examiners money for the purpose of procuring licenses, and others testified that they were denied tes because they had not patd for them. records of the Sanitary Bureau were produced and showed a proper and just reason in each case for grant. ing and denial of the licenses in question, Captain Yule was put on the stand and explained the workings of the department, and pointed out the reasons why the complaints were made to the Board. Examiner Hotten in his deience denied that he had ever received any money or otuer con- sideration for his decisions ws an examining engineer. Tne case Was adjourned to Monday morning at ten o'clock. CUSTOM HOUSE SEIZURE, Inspector 4. Watson Jones, of Surveyor Sharpes atatf, yesterday turned over to the Seizure Burean under Collector Arthur, 3,000 flne Havana cigars, which he had #eized the day previous from @ pas- senger named Browning, coming on the Havana steamer City of Merida. Latterly $0 Many © traband goods have been seized by the ¢ House officials that smuggling has become fitable, and is only indulged in now ina “petty larceny” manner. SUICIDE IN BALTIMORE. Bautmmonre, Md., Nov. 29, 1873, Chartes W. Gross, of this city, a clerk, aged 32, committed suicide by taking strychnine this morn- ing. NEW YORK HERALD, SUNDAY, NOVEMBER 30, 1873.—QUADRUPLE SHEET. } TWEED IN STRIPES. The Ex-Boss on the Island in a Convict’s Dress and ina Penitentiary Cell. Incidents in Tweed’s Room at the Tombs Yester- day—His Departure from the Prison—The Procession Over the ‘Bridge of Sighs”— His Departure in His Own Carriage to the Penitentiary—Futile Attempts of Small Fry Officials to Keep Mr. W. M. Tweed was taken from the Tombs co the Penitentiary, on Blackwell's Island, yesterday afternoon, and was outwardly transformed from the appearance of citizenship that a suit of broad- cloth gives to most mento that of a convict, by the substitution of the livery worn by the prisoners in the Penitentiary. The removal of the celebrated prisoner from the Tombs waé donbtlegs expedited by the action of Attorney General Barlow, and the result of this was that the more immediate friends of Tweed were communicated with on Friday night, and early the following morning, acting on this infor- mation, they went to the Toinbs in large nrmbers early in the day, with the expectation of tinding admission to the prison, In this they were disap- pointed. Some of the members of Mr. Tweed’s family, his counsel and private secretary were the only persons admitted to his room, Sheriff Brennan called on his way down town at the Tombs and had a long interview with Tweed. The effect of this was, it was understood, to in- form the ‘“ex-Boss” of the necessity that had intervened which rendered his removal to the Penitentiary during the day absolutely imperative, Tweed received the information with an appear- ance of indifference, but as the consequences of what would follow gradually dawned upon bim, as he reflectea upon his degraded position, he lost heart, and his countenance was marked with de- jection and misery. Deputy Sheriff Shields arrived at half-past twelve o’clock, and found Mrs. Tweed and her three daughters with him. It was a sad sight and would at once have aroused the better feelings of the most careless observer—a wiie and group of daughters trying to say “goodby”? to a husband and father who, whatever were his faults as a pub- lic man, was to them = always indulgent and uniformly manifested an inexhaustible kimdness, To sach a husband and father these ladies were saying parting words previous to his leaving his prison ceil for the Pent- tentiary and for the garb and occupation of a con- vict. In addition to these members of his family there were also among the visitors at this time General W. M. Tweed, Frank Tweed, Mr. Richard Tweed (brother of the prisoner), and Mr. Eddle. stone, one of the counsel. All this parting Mr. Tweed bore with his usual apparent indifference, but after the excitement was over and his friends had left nim the reaction came and his counte- nance bore marks of sorrow and dejection, not unmixed with an occasional sign of deflance—a ast and fading remnant of the old-time spirit. While this was going on within the prison there was no little excitement outside, Franklin street, opposite the Tombs, had its cluster of weary, wait- ing spectators, attracted by the expectation of see- ing Tweed and the appearance of several carriages arawn up at the side eutrance of the Toombs. The corridors of the office of the Tombs throughout the day was more or less thronged, and Warden John- son and Deputy Warden Findley, both remarked that the excitement and Interest on the part of the people had not been surpassed on any day ol an exe- cution. There was the usual throng of newspaper Teporters, and there Was more than usual pains taken to deleat their enterprise by the friends of Tweed, but the resuit showed a signal failure. About two o’clock three or four policemen came over from the Sixth precinct station and drove away with their clubs as many of the popa- lace as the clubs would trighten, which were not many. They looked at the reporters, but allowed a look to suffice; they were evidently lamiliar with the way of reporters and severely let them alone, Mr. ‘T'weed’s private carriage had taken away the lady members of his tJamily irom the prison, and about two o’clock itreturned, and was driven up to the Franklin street entrance. Shortly after its arrival a gentieman, a friend of the - came irom the Tombs, and gave vhispered order to the coachman, who shortly afterwards drove away up Glu street. ‘rhis was a very stale trick, and its eifect was only to cause a few of the crowd to follow it with eager steps. In a short time the carriage returned to the neighborhood of the Tombs, and alter waiting a short time in Leonard street it was driven round to the frontentrance, in Centre street. While this little carriage movement was going on, Tweed was making his fval preparations for his departure, Deputy Sheriff Shields announced to him that it was time to be moving, and he immediately rose irom the — couch, His son, Gen- eral William M, Tweed, assisted him on with his coat; and, leaving his rooin, a procession was formed that very closely resembled tn form, but, of course, in many Of its accessories, very un- like that which is invariably seen when a male- factor is led from his cell to the place of execution, ‘The bridge that connects the Special Sessions court Toom was passed over, and, entering through the prisoners’ door to the court, the vestibule of the fombs was reached. Two or three _police- men lined each side of the pillared way, and Tweed went alone down the steps to his carriage, immediately followed and almost sup- ported by his sou Willian, He gave a sharp, short giance up and down Ceatre street and entered the carriage, ioliowed immediately by Deputy Sheritt Shields, There were a few haad-shakings trom his friends, among whom was his brother Richard, and the party were rapidly driven up White street, and thence imto Canal sireet to the foot of Twenty- sixth street, AT THE DOCK. At the dock at the foot of Twenty-sixth street the same foolish, feeble, childish policy was pur- sued by the officials of the Commissioners of Charities and Correction that had been adopted at the Tombs. The idea was that no one represent- ing the “press! should be allowed to see Tweed in his moments of special degra- dation. To Loni ont this programme, no one was admitted on the dock after the carriage passed the tolding doors, which were closed upon all applicants, though they numbered only two. At the ringing of the bella policeman, No. 1,27 ned the door suiliciently wide to put his fist through and say that he had orders to admit “nobody on that there dock till that boat had gone.” He was shown the pass of the Commissioners entitling the holuer to a passage on the boat; but his response was, “This ’ere bost is a special boat for the Boss; but, as it was the ordinary boat Bellevue, this was, of course, a statement that was slightly wid of the truth, While this colloquy was going on Warden Brennan, Captain Allaire and the sergeant were devoting their attention to the fallen political chieftain, and were perfectly oblivious to their duty of attending to their duties at the door, The HERALD reporter was, however, on hand, and the endeavor to keep the facts trom the public failed. Mr. Tweed and the deputy sheritfs and his friends went on board, and passing up to the saloon the lines were thrown on board and the Bellevue steamed up the riv to Black- well’s Island. ‘tweed made few observations on the way. He evidently was communing deeply with his own thoughts, which must have been of the most harrowing character. The impression left upon the spectator was that hope had deserted him. He declined any general con- versation, and, of course, little reierence made to the terminal point of his journey. AT THK ISLAND. At quarter past three o'clock Tweed walked from the gang-plank of the Bellevue and stood as & convict where off he had tormerly strode as the great political conqueror, A prisoner who stood npon the dock at the time, and who understood the — meaning of his coming, greeted Tweed withevident feeling and said, “Mr, Tweed, 'm sorry to see you here.” The * odded and smiled sadly. Passing on, ds and his devoted son wWinoments at the door = a William, he of the Pentte Warden Liscomb and Keeper McDonald formed a small reception cominittce, In the soup kitchen Just at the lett of the entrance, a dozen mnale and Inaie prisoners engay in getting up the even- ing’s repast peered curiously out from behind great Diack poliers, and, recognizing the familiar fi of the tailen chief, exciaimed, In low voices, one to another, “On, there’s Mister Tweed; there he is.” ‘There was some little momentary stir in the prison at this time. Deputy Shields made a formal sarrender of his prisoner to Warden 11s comb, and the Warden turned Tweed ov | to the tender mercies of bis subordinat McDonald, ‘Then the 4 a pause Of about Dail minute. “General 1 had hardly spoke word upto this, His was pale, and he looked Like one who was speectioss With emot His eyes gazed sadiy on his father, and t looked sorrowiuily at hia faithful so) heitner shed a tear, and with an affocti embrace and a goodby they parted. Keeper McDonaid then took his prisoner and pot him thaough the ordeal of conducting him—lirst, to the “baxberts shop’—where te bade him take olf his coat and be seated in a chair— such of igh «oar arrangemens = aH one | long run. OO , may sce M the establishment of any tonsoria? artist. Tweed obeyed without @ murmur, and the mustache and whisker he had for over @ generation were shaven of his face. His har was then closely cropped, and this Dakig. done he was ordered 10 the bathroom, where he was obliged to take a cold bath. He was then put upon @ scale with nothing on except @ pair of pantaloons and weighed, and lastly and finally he was clothed in the convict’s garb, @ striped shoddy suit of gray and brown and consigned to nis cell. While part of this routine was going on William M. Tweed, Jr., stood in the Warden’s office with a look of melancholy dejection on his face, A halt dozen reporters were standing about the greatstove looking speculatively ut the door. Presently it opened and Keeper McDonald bounced in and, crying out to a convict employed around the oMce, sald, rather excitedly, “Say, Bill, hand me @ larceny jacket.” “Bill? jumped briskly to his feet, and from a shelf om the left of the office pulled down the required article, Young Tweed appeared not to notice this little in- cident, though he must have known, a8 every one else present did, that that “larceny jacket” was intended for his father, On the way back from the Island the party that accompanied the once mighty Tweed tothe last ne of his degradation spoke not a word, but mused, as the steamer steamed down the river, on the hardness of the ways of transgressors. THE RING REMNANTS weet a When Are the Ring Trials To Be Completed ? a The Casos of Genet, Coman, Walsh and Norton— The District Attorney and His Non- Official Assistants—The Anti-Ring Battle To Be Waged to the End. There were some very strange rumors afoat yesterday among the politicians who were once upon a time hand in glove with the old Tammany magnates. Where or by whom they were started could not be ascertained. Still there were not a few of even the knowing ones who put faith in them, and who, when questioned about them, shook their heads wisely and said—nothing, It seems that when Tweed was convicted and gent to the Tombs, and was allowed to remain there so Jong before being sent to the Penitentiary, some of Ins friends in the Seventh ward started the story that it was an understood thing between the District Attorney and the Boss that he should be permitted to stay in the Egyptian mansion uotil January; and this silly stuf! was. swallowed by many in downright earnest belief. But if this story was the sheerest nonsense, what can be said of one of the rumors of yesterday, which was to the effect that the District Attorney and the gentlemen who are associated with him in THE PROSECUTION OF THE RING THIEVERIES had declared to a prominent democrat that, wit) Tweed and Ingersoll done for, they would rest sate. isfied and allow all the other parties now under indictment, and who are in the city, to rest in peace? ‘To this declaration, it was stated, was added the intimation that this benevolent inten- ton of Mr, Phelps was not meant to include those slippery gentlemen who are under indictment, and who about & year or two ago be- came impressed with the idea that a change of air would be beneficial to their health, and who thereupon went their ways across the seas, where they no doubt now consider themselves justly as “INNOCENTS ABROAD. ‘The absurdity of avy such compromise as this did not seem to strike very many of the ‘boys,’ who are. not easily misied by shadows when there is substance to seize upon, and they refused to acknowledge the rumor as a huge joke. A HERALD reporter, who heard several parties talking about it, with a view of ascertaining whether there could possibly be the remotest foun- dation for the story, dropped into the District At- torney’s office late in the day. Mr. Phelps was not in, but one of the gentlemen connected with the Ofiice, who was questioned about the matter, stated that the whole thing was bosh, “I can tell you one thing,” said he, ‘‘and that is, that if every Man now under indictment 1s not put on trial be~ tw now and next February the District Attor- ney will have changed his mind by that time.” “Ig tis oMctal 1 “oh! no; I don’t put It that way. Ionly say that this is the determination of the District. Attorney and those whe are engaged in the prose- cution of the men who have beea indicted.” “Why do you place the term between now and February ? “simply because, so far as Ican understand, the Way things are going on, all of them can be tried between now and then. I believe this, because 1t is the fixed determination uf the prosecution to TRY EVERY ONE OF THE INDICTED PARTIES, and that if all tne trials follow closely, the one aiter the other, they can be concluded by the last of the February term.’’ “Who will be tried first?” “I really cannot say, and I do not think I would tell vouif Iknew. That’s frank, isn’t itv”? Thus much for the peace and comiort of the in- dicted parties. It may be mentioned in connection with these partles that the gentiemen who ldrmed themselves into, or rather were appointed, as a municipal reform prosecuting committee # year ago, and who worked hard aud well for the pa} voted them alterwards by the Legislature, are still actively engaged in assisting the District Attorney to the fuli extent of their power, At least the ma- jority of them are, and it is said that one of the duties they have imposed upon themselves is to keep track of the guilty absentees, It is asserted on good authority thut one of the gentlemen connected with this remarkably disinterested organization of reformers has been able, by agencies employed for the purpose, to keep track of not only Connolly, but of Tom Fields, Woodward, Cook and ‘Jim’ Sweeny, so that if at any time, no matter how remute from the present, any one of those interesting individuais should take it into his head to pay a visit to the United States, trust- ing for his safety to a good disguise and the sup- position that the anti-ring storm had blown over, he would be as certain of capture as though he had boldly, undisguised, attempted to walk into the City Hall and openly take A BIRD'S EYE VIEW OF THE NEW MAYOR OF ALL work elected since they went away. In conversation yesterday with a gentleman who affects at least to know, he does not really know, that this particular daty of the ex-official rosecutor has been faithful, performed, a ikKALD reporter was iniormed that at least one of the absentees might be soon in our midst, and that his arrival would not hurt him so badly as it would seriously damage the reputations of certain heretofore un- suspected gentlemen who pride themselves on thelr good standing in society and their present virtuous coutempt for everything and everybody known to have been connected with the Tammany Ring from 1869 to 1871. Be this as it may, it is fact beyond dispute that the District Attorney and his immediate assistants are not compelled now to depend upon themselves in their efforts to bring to justice the men who are charged with having PROFITED BY THE STEALINGS OF THE “RING,” those who are abroad, as well as’ those who are said to be willing and ready to take their chances bk stie during the coming term of the Oyer and erminer, THR. PROPOSED VICTIMS, Coman and Norton and Walsh, the Court House Commissioners, who are under indictment, are 1m town, and they say they propose to remain here until’ they aré disposed of by a jury, to their own satisfaction or that’ of the District Attorney, They all scout the rumors that have been whispered about touching the proba- bility of their “jumping their bail.” The friends of Genet, too, confident and persistent in their declarations that ail will go well with Harry in the A Heratp reporter, Who met him yes- terday alternoon, had @ short tatk with him about his case, and he reiterated his determination to have his trial hurr jous to have this whole ti of before L go to Albany. lL have many personal enemies, and, though there may be a few men in this city who for personat reasons of their own would like to see me come to grief, | hardy belle ve that one of them can be found either in the District Attorney's office or on the Benen. In prosecuting me on the strength of. the indictments the Grand Jury have seen fit to against me the ‘District — Attorney nly performing his dnty, I have too respect for him to think, as some , that he is personally intmical to me, and his assistants 4 as lair in their de: ings as he ts, } ¢ Davis a man who will allow aman to ve persecuted in his Court as. rosecuted, and i Lam iried before him if er so fur as he is concerned, I order AFAIK AND IMPARTIAL TRIAT« It may be that men may get on the jury who, thong I may be shown to be innocent of the charges le against me, will not have the moral will be ac courage, in the face of the nue and cry against everybody nowadays who was’ even 8! nd of being acquainted with any member of the Ring, to turn a deaf ear to the clamor for the conviction of every man tried on Ring accnsations, Lf that should be the case the Judge hor the District Attorney Will not be to blame. } have confidence in the fairness of both, and that so lar as they are able to make It 80 my trial will be conducted without bias.” It was rumored yesterday that Coman’s trial wil) be the next in order and that the other two Court House Commissioners Will be tried betore Genet. 1 is, however, Ho certainty wbout the matier,