The New York Herald Newspaper, December 9, 1875, Page 4

4 ‘ON THE “TRAIL. Following the Footsteps of Wm. M. Tweed. The Elaborate Preparations for the Escape. STEAM TUGS AND CARRIAGI What a Broadway Clerk Saw on Saturday. “BLESS MB, THAT LOOKED LIKE TWEED.” Apparent Ignorance of the Police Officials. William M. Tweed is still at liberty, notwithstanding all the efforts that have been made for his capture. The theories that have been advanced as to the method of | big escape have all along déen most conflicting, and | those formed yesterday by the police were no excep- tion, The supposed clews in their hands have deen traced to the uttermost, but so far without producing any result, and the actual way in which the flight was accomplished and the names of the accomplices tm the transaction are involved tn as much mystery as ever, The clews followed by the police and sheritt’s | officers, as well as their opinions us to the route taken by Tweed, have already been referred to and published tn the Heraco, to whom it was left to point out for the benoit of the detectives and other police officials the probable method of escape and the preseut where- abouts of the ex-'Boss.” ‘That these Heratp clews are more near the truth in the case than any of the others originating with the au- | thorities they themselves have been compelled to ad- | mit, and they are even now following many of these out, | with what ultimate result has yet to be determined. | Bat that Tweed will ever he caught by the police is every day becoming more doubtful One of the shrewdest detectives in the city yesterday emphatr- cally declared his belief that Tweed would never now | be recaptured—in fact, that ne had gone to some for- | eign place where his arrest would be impossible, The reward offered by the Sherif of $10,000, although tempting, would, he thought, have no effect in securing if his arrest. “The longest pole knocks the persira- mons,” said he, “and should any one | discover the fugitive, in hope of securing this sum, the old fellow would !mmediately go ten bet- ter and hand over to his detector $20,000, which would | pretty certainly secure him continued DIMUNITY PROM CAPTURE | sy the concealment of his hiding place.” That any | offer of reward would be likely to tempt any of those who actually know either where he has gone or where | be 1s hiding is not probable, for no one bas been intrusted with the secret who is not bound to the fugitive by the strongest | ties of gratitude and affection. His adherents in this city are still wonderfully numerous, and it is nearly | certain that a large proportion of the people would rather assist him in eluding his parsuers than aid in | his capture Such is the generally expressed opinion, | although it shows somewhat of a loose idea of moral- ity prevailing in the community. These people are bow giving vent to their belief that W. M. Tweed is ‘Still In the city, concealed in some house either in the Fourth or Seventh ward, but probably the latter; for the reason that of all places for a man to lie concealed in, there can be no better than the city of New York. Here i is thought he may stay antil the present ex- citement bas died out and his name ts almost forgotten, when he would be able to quietly slip away some foggy | ‘Right without the slightest fear of pursuit, not w say capture. ‘This is the manner, it is said, In which Prince Harry Genet avoided arrest wheu he escaped from the Sherif MORE PACTS FOR THE POLICE fhe latest developments which were obtained yester- | day point to the fact that the escape was a most de- Liberately planned one, and that at least four carriages were ordered simultaneously from as many different stables. Already it has been discovered that one car- riage came from the Lamb stable, which was prob- ably the one which took Tweed trom the jail and afterward to the point where he either embarked on board a smali boat or tug, or else drove » to the house, wherever it may be, he 1s now concealed ia. The second carriage was ordered from Elderd’s stable, on Sixth avenue, between Forty-fifth and Forty-'| sixth streets, by “General” W. M. Tweed, Jr., which vehicle was used by bis wife on a general shopping | ‘our, the particulars of calls being given elsewhere | The time at which this carriage was ordered will be found, from o reference to the, ticket of the American District Telegraph Company, also published, to correspond very closely to the time that the Lamb carriage was taken from the Lamb Stable vy George W. Hoffman. The third carriaga, although it has not yet been discovered where jt came from, was used by Mra William M. Tweed, Sr. This is Proved beyond doubt by the story told by the clerk in Park & Tiford’s Sixth avenue store, as well as their cashier, who gives a description of a lady resembling in every particular Mrs. Tweed, Sr. He also, it will be observed, when questioned closely upon the subject, and had his mind exercised, stated that he had noticed a gentleman tn the carriage, and said, “Bless me, now I think of it, THAT LOOKED LIK® RILL TWD." ‘The time at which the call was made at the store be could not exactly fix, further than that it must have been after one o'clock, for he had but a few minutes Since returned from dinner. Mrs, Tweed, it will be re- marked, was ina great hurry to effect her purchase, which was another singular circumstance. ‘This chain of circumstantial evidence fully proves the existence of three carriages ordered by the “Gen- eral," uniess the one driven by George W. Hoffman was | the one which took Tweed from the jail, dropped War, den Dunham, Hagan and “General Tweed at some piace near by. What is now wanted is to discover the one that was used by Dugham and party at the time they visited Tweed’s bouse. If this can be traced, as also that which Mrs. Tweed, Sr., ased, there may some hope yet of elucidating the present in: The story told by the ladies living in Fitty-sixth street yesterday about the driving of @ couch abou hbalf-past five o’cléck on Saturday by a liveried coach- maw away from Tweed’s residence {s also an important tlement in the case, for it either proves that another carriage was used as @ “blind,” oF that the one which srought Dunham aud the others to the house was Stamed of with instructions to the driver to lash his horses to their utmost speed in order to deceive the people in the neighborhood, and thus tend further to make confusion worse confounded. That this was the case is more than provable, for it will remembered that al] persons wiio have been qfestioned in the vicinity of the Tweed mansion agree that but one carriage was ever seen on Saturday after- Noon at the Tweed house, on Madison avenue, between Fifty-ninth aud Sixtieth streets, The testimony of the ladies in Fifty-sixth street, taken in conjunction with the auswers given by George W. Hoffman to the Hanan reporter at Greenwich on Tuesday, go to show beyoud foabt that the Lamb carriage wus oot the one that went vo Tweed’s house. The liveriod couchman must, thereforo, be the one, and he mast be found. 1+ ought aiso to ve | possible to find out whether the carriage that vieited | Park & Tilford’s store was tho one that Hoffman drove | or whether it was another, The probabilities are, how. | ever, that Hoffman was the driver. OTHER GOLAR FACTR ‘The story also given elsewhere of the oysterman from Staten Island, who meta strange looking steam yacht, | without lights, going at fall speed, fs another polut tending show that the escape of Tweed had becn en affair of long end deliberate preparation. It would seem from the Qumber of steam tags and boats which were started at adout the same time and the multiplicity of the car. fringes, that the evident purpose has been to so confuse the police and others interested as to set them travel. Ung in all directions except the right ona, ANOTHER CARRIAGE, It having been loarned by @ Hxnatp reporter that a | Somewhat stout, NEW YORK HERA carriage, supposed to contain the flying Tweed, had boen seen driving at a rapid pace on Broadway on Sat- urday afternoon, the clew was followed up and a person was found who intimated that the carriage had stopped atthe store of Park & Tilford, at the corner of Sixth avenue and Thirty-eighth street, where Mrs, Tweed pur- chased some cigars. To investigate the story a visit was last night made to the store, The supermtendent or salesman in charge, on being interrogated, could not say whether Mrs, Tweed had been at the store on Saturday after- noon or not, but suggested that perhaps the clerk in charge of the cigar counter might know. The latter, whose name 18 Mr, Purdy, was abcordingly approached by the reporter, when the following con- versation took place :— Reroxrsk—I came to inquire if an elderly lady, in a carriuge, called here on Saturday afternoon and pur- chased some eigars? Cure (indifferently)—No, I think not; I do not re- member of any. Rerorten—ttis & matter of considerable importance, and I would esteem it a favor if you would eudeavor to | refresh your memory, | CLeRk (brightening up)—Let me see It appears to me there was a lady called here on Saturday afternoon, who alighted from a carriage and purchased @ box of | cigars, but really my recollection of the circumstance ts very faint. (After considerable reflection\—Now I remember, Yes, | am sure there was an elderly lady, who came of cigars. I cannot say exactly what time was, but it was after one o’cloc Icame from dinner at that time, It was some tween one and four or five P. M. (and here Mr. eyes opened wide, usa thought seemed to strike him, abd he excitedly exclaimed), “Bless me, the man in the carriage | | | LOOKRD LIKE TWREI | I chanced to glance out of the window as she left the store and I saw an oldish nan, very stout, lean out of the carriage window as if expecting. the lady. I dis- ) binetly saw bis face and shoulders. ‘0 looked remark- ably like Tweed, “The circamstance never occurred to me befora” During this discourse Mr. Purdy spoke with con- vincing earnestness, but immediately afterward, hear- mg that bis questioner was a Heratp reporter an@ evidently fearing that what he bad said might redouna to his disadvantage in some vague way, he became sud- denly silent and declined to enter lute ‘further conver- sation, “I cannot swear it was Tweed in the carriage he ner- vously said; it might bave been; Ido not want to be questioned any more about it, How can I tell tt was Tweed? I only saw bim for # few moments, and I do not know that the lady was bis wife. I cannot describe the carriage or the horses,” Report#R—Can you tell me in which direction the carriage went after leaving the store t “No, Tcannot. Now please do not ask me any fur- | ther questions, I have told you all | know.” Finding the resolve of Mr. Purdy to talk no more un- shakable, the reporter asked the cashier, who recerves ai! money,paid in the store, if he recollected the elderly | lady who paid for the box of cigars on Saturday. After some reflection he rephed that he remembered an el- derly lady paying him money for a box of cigars, but he could not say who she was. “Do you know Mrs. Tweed, Sr. ?”? or ler. “I have seen the lady, I think, but I would not like to say it was her who paid for the cigars. In fact I gave Dut little attention to her."’ Mr. Purdy, on being again asked for information, ap- peared even ‘more timid, and positively refused to cou mit himself further, asked the re- THE THIRD CARRIAGE, A Henan reporter learned on Tuesday that a mes- senger boy employed by the District Telegraph Com- pany had been seen emerging from the residence of William M. Tweed, Jr., at No, 23 West Fifty sixth street, at aboutone o’clock on Saturday afvernoon, | apparently going on an errand. Thinking that perhaps some clew might be obtained from the circumstance, the reporter, after’ some little dificulty, succeeded in finding the messenger, whose tame is Frank Jaycox, and who ‘s numbered by his employers as messenger 88. The boy, on being inter- rogated, stated that at forty-eight minites past twelvo o’clock on Saturday afternoon he answered a call from Mr. Tweed, Jr.’s house, that gentleman having one of the telegraph instruments on his premises. He was sent, he said, with a letter to the stables of Henry T, Elderd, on Sixth avenue, between Forty-fifth and Forty-sixth Streets. The man in charge of the stables on reading the let | ter replied, “All right; the carriage will be there.” After which the messenger returned to his office. The reporter, desirous of furnishing the police aa- thorities with any information tending to throw light upon the manner of the escape, communicated what he had learned to Superintendent Walling. In company with the latter the rogorter called upon the Superin- tendent of the telegraph company, Mr. H. W. Pope, and trom bil tained in the ticket on which the service was marked, By it it was seen that this messenger was called at twelve minutes to one P. M. and returned at twenty- five minutes past one P. M. The following is a copy :-— | TUR TICKET. | @eeanenneerverceresecesvareecccorecearaveceeeneeee | : 5 DAN STRIOT TELEGRA i Maes, Seidl Wm. M. Tweed, Jr., 23 Weat 6th it. cor. 6th ave, & 57th st. Mesecnger., Called. | Returned, | Occupied. Charge coal 12:48 | 1:25 aT 20 PAY NO CAR FARM OR MONKY TO MUSNENGEE, Where seut—Elderd’s stable, 6th ave., b’t 45th and 46th sts, Received by—H. T, Elderd. PLEASE SIGN YOUR NAME, W.M.T.Jr. In this connection it was also ascertained that “Gen- eral” Willian M. Tweed written a note to Elderd the night carriage the next day (December 4) about twelve o'clock, and would send a messenger round and let him know the exact time, but to have it ready by noon. 3 Superintendent Walling regarded the information as | of great importance, and immediately proceeded to the residence of District Attorney Phelps for consultation, The latter, apon carefully analyzing the circumstances, Joined with the Superintendent in looking upon it as a valuable clew; so much s0 that it was determined to call forthwith at Mr. Elderd’s stables with a view to compel the attendagee of the proprietor and the driver of the coach before the Grand Jury, to be examined un- der oath. Ou arriving at the stables the District Attorney de- manded the name of the inan who drove the coach to the residence of Mr. Tweed Without hesitation the gentleman in charge adimitted that a coach had heen fent to the residence of Mr. Tweed, Jr., on Saturday afternoon, but exp that it was for the use of that tieman’s wite, who went shopping. The driver, y Eckstein, being near at hand, was sum: moned, and ‘stated that he drove Mrs, Tweed, Jr., to two butcher shops, a glove store, & grocery ‘tore and a confectionery store, and was gone in all about two hours. He also gave the names of ‘ the proprietors of the plac ite tforward statement of the man being en- The str '¥ convincing to the District Attorney and the Su- perintendent of Police, those gentiemen took their d parture, satisfied tbat an had no bearing u on theeseape of Tweed sitigular 60 many carriages Wad been bired simulta- neously. A MYSTERIOU M YACHT. Yesterday afternoon a representative of the Heraro clew which may disetose the method and e an inkling of the direction Many theories already proposed sug- 1 other « ving the city and hinted at other means of evading pursuit, but the story of Cap- tain Peter Jacobson, of Stapleton, 8, 1., 80 well accords with severai facia lately elicited and forms with them auch a pe: Order of eequence as to potnt to the probable di-covery of Tweed’s route and his manner of escape. Captain Ja u is 4 sinple seafaring ‘ interested in the oyster business, He has a good repa- tation for honesty and trustworthiness. He tells his experience, too, with a frankness that carries convie- tion of {ts truth, The reporter who visited him a tained the following facts: — On Saturday afternoon about three o'clock, Captain Jacobson left the foot of West Tenth street in an oyster sluop, intending to reach Staten Ieland by dusk. was little wind stirring, and bis progress was 80 slow that darkness overtook him in the upper portion of the bay. He had been creeping afpng the Long {sland shore and was off Bay Ridge at about six o'clock, when be began tacking for the other éble of the Bay. The night was quite dark, a thin mist floated on the water and through ft the lights on the distant vessels in the Bay showed dim and fivfully, Ashe stood by the tller he fancied be saw a | dark balk in the water, and presently there loomed in the darkness the uncertain outlines of a vessel bearing directly down upén bim. track when she swept past On such a night tt was im- possible w distinctly note her appearance, but he saw Wat she was A STRAM YACHT about 100 feet long. Although she was going at full Speed there was no smoke from her stack, and she went throngh the water without creating any commotion, as & tog would do. She passed #0 quickly that he conid only get.a glimpse of her, but be fancies that she had brass stanchions around her quarter, and from @ slight oily reflection in the water he thinks that her sides were newly painted. What specially drow his attention was her carrying no lights. “Neither mast light por the faintest glimmer from the cabin appeared, an e Swept by him without his hearing a sound of life from her deck. Knowing that, according w law, | ali vousels cruising in the bav shoald carry a light in and bought a box | ml verification of the boy's story was ob: | previous, stating that be should want a | an the fact that it was | There | He had barely got out of her | LD, THURSDAY, DECEMBER 9,’ 1875.—TRIPLE SHEET. cious: rprise under penalty of a fine, this struck him as ast cireumstance, and it ‘was also a cause for that any steam yacht should be going out of the harbor at such am hour of the night So when he reached Staten Island be asked a workman on the dock if he had heard pout any yachts going off that night, and ou receiving a negative he stated the Circumstances which suggested the question. On Sunday morning Mr Joe Williamson, the owner of the Stapleton’ House, was sitting tn bis barroom when Jacobson came in and began barrating $0 some neighbors his experience of the night before. “Hallo!” cried Williamson, looking up from the | paperhe bad taken ip bis hand, “weed has escaped | and left New York behind him, Jacobson pondered a moment and then, turning to the group, he exclaimed, “I'll bet a bundred dollars that he went of in that steam yacht last night.” This is the story Captain Peter Jacobson tells, and it fs one which he adhered to in every particular when | questioned by the reporter. He thinks that Tweed | went on board the vessel at some point up the East River, and that she quietly dropped down the bay and | | in the darkness slipped past the revenue cutter at the | Narrows, unnoticed by the watch. | ‘The night he thinks was well fitted for such an at- tempt, and the course taken along the Long Island shore, where few people are afoot at night and whero vessels rarely anchor, was likely 40 be dictated in such | an undertaking. Captain Jacobson judges from the | size and appearance of the vessel that she 18 quite sea- worthy and has accommodation for a large enough | cargo of coal to enable ber to reach.the West Indies or | any of the islands lying in the North Atlantic. | when said Walsh was a candida’ | asked him if the counsel for the other side had any | aMidavita, | Mr. David Dudley Field—The contents of the affidavit on the other side have not yet been stated, | Judge Davis—He has stated all he desires to, Mr. Field—Ho bas stated nothing. Judge Davis—He said the contents of it are perfectly familar. Mr. Field—They may be familtar to the Court, but I do not know whether they are familiar to us, Judge Davis—Well, we will hear your affidavits, if | you have any to offer, and the other will come up in good time, APPIDAVIT OF WILLIAM M. TWEED, Mr. Dudley Field then proceeded to read tho following affidavit :— City and County of New York. —William M. Tweed,"of said city, deing duly sworn, saye:—That Willem Waish, County Clerk of New York, 18 hostile to this de- ponent; that shortly previous to the election of 1873, for the office he now holds, this deponent requested him to pay a sum of money which he owed this deponont; that aftor some delay and reiterated demands the brother of said Walsh called upon deponent and banded him the money due, saying, among other things, “We have always boen your {riends, Dut now we are against yoo, and Billy and I wili get even with you yet for thi.” WILLLAM M. TWEED, THE BPOT INSPKOTED, Later In the evening the reporter procured a boat and Towed to the pomt where Captain Jacobson had sighted | the mysterious craft. He found the shore only sparsely dotted with houses, anda dumb etilinesa settled upon both land and water, There was a slight mist on the Bay, and the lights that glimmered on vessels anchored | far out were almost invisible. To the reporter tt seemed very probable that 4 yacht would pass between tho | shipe in the Bay and the Long Island shore without | attracting any attention whatever. Along that shore there ts scarcely a craft of any kind, and when the | sky ie clouded it is difficult to notice a small vessel, even at & short distance. Following the supposed course of the steam yacht the reporter found that still fewer habitations dotted the slope along the Bay, | and the shipping was stil! more widely scattered. | | Everything was as Captain Jacobson had described, and | | It could easily be understood, in the mist and drizzling | rain of last night, how the mysterious yacht had passed | him without nis being able to distinctly see ber, JACORSON'S VERACITY SUSTAINED. Various residents of Stapleton were interviewed by the reporter and agreed that they had heard Jacobson’s story before Tweed's escape was generally known. Some old salts, too, who infest the docks and engage in | various aquatic avocations about the Bay, declare the | possibility of a vessel creeping out at the Narrows un- observed, and they say it can be easily done on any dark night Yesterday afternoon Sheriff Conner conversed with | Captain Jacobson and seemed disposed to set consider- able value on his information, | | | MATSELL'S MYSTERIOUS RAID. Mr M | Police, was greatly excited on Tuesday night. He had a clew to the whereabouts of Tweed, It wasaclew that would lead to the Boss’ immediate capture and at the same time to unbounded glory for Matsell, It was eight o'clock P, M., and Mr, Matsell sat dozing beforé a cheerful fire in his residence on East Fitty- eighth street Il, the aged President of the Board of | A sharp pull at the door bell roused | Sworn to before me this 4th day of December, 1875— Wittiam L. Gwipver, Notary Public New York county. Another brief affidavit was also read by Mr. Dudley Field, setting forth the wording of the notice for trial, and claiming that the present motion was in conse- quence irregular, APVIDAVIT OF WHEELER 1, PRCKMAM Mr. Peckham now proceeded to read the affidavit, reference to which had proviously excited such ap- parent curiosity on the part of the opposing counsel. ‘This was quite a lengthy document, but, as stated, the contents are perfectly tamiliar to those having followed with any care the process of the various suits against Tweed. It recited the political position of Tw fora number of yoars past; gave the history of the two criminal trials, and the difficulties encountered in ob- taining an impartial jury, specifying, among other things, that in the second’ trial one juryman was dis- charged, alter having been empanelled, for suspicious actions, It also set forth that much of the evidence | | would be documentary and relating to accounts, and | further stated that if another effort was made to obtain | a jury inthe usual way it would require an examina. tion as to the fitness and character of men summoned as jurors of a thousand men at least, ‘MR, PECKHAM’S ARG iT. Having finished reading his affidavit Mr. Peckham entered upon his argument. The ‘Present motion, he said, was for a struck jury. This was allowed by statute in three cases:—First, when a fair and impartial trial cannot be obtained otherwise; second, when the case is important, and third, when’ it is intricate, As to securing an impartial jury, this, he contended, was of the utmost importance, but almost utterly im- | possible if they should proceed in the usual method. | Struck juries were allowed both by statute and common | | law. Such 4 jury was intended to meet the public in- | torests. It was a well-known fact that in libel suits brought by officers of the government the universal custom’ was to have a struck jury. This was allowed not alone for the officers’ benefit | but for the benefit of the public. The present suit involved investigations of a sorice of gigantic bim, and by the time the servant announced the pres- ence of two young men on important business he was wide awake, The visitors began by evincing ex- treme caution. They told Mr. Matsell they bad reason to believe Tweed was secreted {na house on Second avenue, near the corner of Fifty-third street, Tho eyes of the old pol'ceman opened wide at the unex- pected intelligence, and solemnly promising bis in- formants all the way from $10,000 to $100,000 as ro- ward, be rushed to the telegraph instrument in bis | house connecting with the Central Oflice, “Send Superintendent Walling to me without a mo- | ment’s delay’ flasbed across the wire, and ina short time that official, almost breathless with haste, stood | before his chief. Mysteriously the latter told the story, and, despite the endeavors of the Superintendent to convince him , that tt was unfounded and like the thousand other false | | reports, he gave the order to search tue premises indicated. The edict having gone forth a half-dozen | policemen were summoned in strict secrecy trom the | Nineteenth precinct, and with Matsell in the van pro- | ceeded to the suspected house, A less likely hiding place could scarcely be imagined, The astonished in- mates were naturally indignantat the stupid blunder on | the part of Matsell, but quietly permitted a search to be made. Two policemen were despatched to the roof to guard the scuttle, others were stationed in the front of the house, and the remainder of the squad began tho search. From collar to garret they went, as might be expected, but found no trace of Tweed; and then the diacomfted Matsell realized that he had been «‘sold.”” The records at the Central Department do not give | a very extended account of the midnight raid, and con- versation on the subject is not regarded with’ favor by Mr. Mateell. | | WHAT THE POLICE ARE DOING. ‘The police are still without a clew to the whereabouts | of the Boss. Tuesday afternoon Superintendent Wall- | ing received a letter signed “Citizen,” and setting forth that a man who was at work on the Vanderbilt build- ings, at the foot of West Sixty-fifth street, saw a trim | looking schooner yacht’ lying in the North River last week and on Friday last a number of trunks were put on board. ‘The following day (Saturday) the yacht left her anchorage and quietly | dropped down the stream. The writer said he felt con | fident that Tweed was taken off by this craft, Notwithstanding the author of this letter was either | ashamed or afraid to sign his name to it, the Superin- | tenaent made a thorough investigation of the matter | and learned that the vessel in question belonged to Mr. | Lush, and that she ts now lying at Yonkers, — AT THE SHERIFY'S OFFICE. | Matters wore very much subdued at'the Sheriff's office yesterday, the excitement caused by the escape | | of Tweed having almost dlod out The impression | | prevailed that the fugitive was beyond the reach of | | capture. Nevertheless, no stone has so far been left unturned to effect his arrest, Sheriff Conner and his | deputies using every exertion to overhaul the wily and fleet tooted deserter. The greatest sympathy 13 universally expressed for the Sheriff in his unlucky, and unfortunate position, Indeed specalations as to | the flight and whereabouts of Twoed have almost given | way to a feeling of regret that the Sheriff should be 60 | entangied by the faults or complicity of others. A HeraLo representative held a brief conversation | with the Sheriff yesterday afternoon. He said that in the event of his suspension by the Governor he would resign, ag be could never think of continuing to be responsible for the office if Governor Tilden should determine to adopt that course with regard to himsef. He seemed to deplore the affair and felt keenly the sitaation. From information he had re- d to the effect that Tweed was concealed in the bouse of Halligan, who was formerly in the employ of Tweed and who now resides at No 1,000 Second avenue, accompanied by fifteen deputies he proceeaed to that place at half-past | ten o'clock on Tuesday night and surrounded i. After a fruitiess search of over an hour the task was abandoned. The Sheriff imclines to the belief that | ‘Tweed is within twenty-five miles of New York and has not, as is generally supposed. gone to sea He | | | thinks he 18 secreted in some ren, and, of course, ia , J! doing all be can to ferret out his hiding place wherever it may be, The Sheriff is daily in receipt of rumors, communications and suggestions uport the subject from all quarters, He intends prosecuting the soarch with vigor to the end. | BEFORE THE GRAND JURY. Mr. William Lamb, the livery stable keeper who ts supposed to Lave furnished the carriage in which Mr, | Tweed escaped, was closetel with the Grand Jury yes- terday, a3 was also William M. Tweed, Jr., and Deputy Warden Gardner, What took place in the chamber of course is not known, but it is likely they were sub- 4 (9 ® rigorous examination concerning their eof the movements of the “illustrious tugt- A HACKMAN 'S OPINION, | Henry Eckstein, employed as adrivor in Elderd’s staolos on Sixth avenue, near Forty-fifth street, stated toaHenanp reporter last night that he bad known George W. Hofman, Tweed’s driver, for many years, He knew him to be devotedly attached to Tweed and believed he would undertake any service in bis behalf, Eckstein corroborated the story of [weed having made Hoffman & presontat one time of $2,000, “If any one could be trusted to drive Tweed and never open | bis mouth about it Hofman is that man,” said be. j APPLICATION FOR A STRUCK JURY. | Pursuant to previous arrangement, the argument on the motion for astrack jury in the Tweed $6,000,000 sult came up for a hearing yesterday before Judge Davia, in Supreme Court, Chambers, Notwithstanding the previous intimation that some of Mr, Tweed’s counsel, now that the great ex-'Bosa”” had fled beyond the juria- diction of the Court, would retire from the case, ‘thoy were on band in pretty full force, David Dadley Field taking the lead, ana Messrs, Dudley Field, Frank Deyo and William Edelston bringing up the rear, Mr, Wheelor | H. Peckham appeared solely on behalf of the prose- ution, AS might havo been anticipated, the eourt Toom was densely crowded, the hour for the argument | having been Gxed at balf-past two P.M. As one of the grounds of the prior adjournment was to enable Sheriff Conner to become a participant in | the proceedings, it being supposed that the recont com- | plexity in the case would make this desirable if not necessary on his part, there waa « general supposition that this functionary would be represented by counsel; ‘bat no one appeared for him and neither was his name mentioned in apy way in connection with the case, On the case being called Mr. Peckham rose and said this was an application for # struck jury, and that be held in hishand an affidavit, the contents of which were perfectly familiar, He then sat down, and Judge Davis | frauds. The matter was one not alone interesting to | local officers, but to State officials. These frauds were + the result of a conspiracy against the civil government, | He commented at some length upon the present jury | law, the only qualification required being possession of | ‘personal property to the value of $250, which he in- | sisted was by no means the only qualification requjred | to sit in judgment upon a case like the present one. He | then proceeded to state that in England it was a very | common thing in all trials at bar to have spectal juried | The statute enacted under George Il. provided for such juries in nisi prius cases. Any one there can have ‘a special’ jury on demanding 1k In trying | a case ot this character and magnitude he | did pot think that barbers, stablemen, hack drivers and men of that class were fitted by their | | babits to weigh the evidence. Suppose they hada | | special jury in this case, could any harm come to the defendant’ Could anybody be injured? Is not the case more sure to be passed upon fairly and tmpar- tially? Was there any parallel to the present case? If the application is denied in this case to what case can it possibly apply? If this case is not an impor- tant one then the newspapers certainly are not to be believed. Can, counsei be called upon again to go through the labors incident to obtaining an ordi- hary jury inga case like this? AS to the affidavits that the defendant and County Clerk wero on bad terms, he | said it was not necessary that the latter should select a jury. The statute provided another method, which ! Uhoroughly demolished this objection, | ARGUMENT OF MR. WIELD, | Mr, David Dudley Field, in opposition to the motion, | Said that on the part of the delendant, we objected to | any disposition of bis case by forms different from | those heretofore generally in use, in respect to other persons, The object of the motion is in effect to pack the jury. It would give to the County Clerk, or some other person, power to nate the jurors by whom the | defendant is to be tried; to select from the whole body | of jurors for this county forty-eight such persons as he chooses, trom which number tweuty-four are to be sam- | moned,’ and out of the twenty-four twelve drawn by ballot; in other words, the twelve men who are to de- | cide upon the defendant's rights in this cause are to be | named by the clerk or other person without responsi- bility and without control. This is a power which ought not to be given to any man. It isa power which, | | though lying dormant iu the statute book, is virtually | obsolete; for so far asIcan learn no struck jury has been had in the courts of this State for about twent | years, and but one or two for the last half century. It is true that one was summoned in tho Circuit Court of | the United States a year or two ago, but in the State courts they have been most rare. In one of the last | cases when {t was applied for Judge Pierrepont, now | Attorney General of the United States, said;—'A care- ful reading of the statute and some considerations of its operations will, I think, convince any one familiar with this city that a fair and sy ete trial will be lesa likely to be obtained by a struck jury. Only twenty- four jurors can’ be summoned. How many can be found, how many can attend, how many will have good excuse, is uncertain. But from past experience it ig not likely that more than fifteen out of the twen- ty-four would be able to attend. There is no means of | ascertaining their views beforehand, and the rango would be so excoedingly timited, that in my judgment an impartial trial would be much lees likely than tn the ordinary way.” When issue was joined in this case the plaintiffs gavo notice of trial at the Circuit this day and informed ua that they would ask for a preference, After that they gave notice of this application, which, if granted, must postpone the trial until January. Those two motions are inconsistent with each other, and the plaintiffs should be held by their notice of trial to lave waived the right to a struck jury. But if it were not waived we submit that it should not be granted, ‘The plaintitls’ counsel have often given out that they had a certain case, aclear case. If they have why do they not go before such a jury as other mon have? If | a jury selected according to the general law 1 good enough for the trials that have talen place in this Stato for the last fifty years it is good enough for case. The suit is in,readiness for trial; the defendant has met prosecution ‘after prosecution—six civil actions and thirty-seven indictments, and yet the prosecution seems bo be no nearer the end than when it began four years ago. The suitot the ern has been at issue for years; it could have been tried at any time, if the jaintiff’ had desired it. They have wasted thoir strength without result and apparently without plan. Do they wish an impartial Jury? An tmpartial jur can be obtains from the ordinary panel A etrock jury will be in effect a packed jury, and to that the defendant objecta. The counsel professes himself anxious to try the case against the defendant on its merits and recover judg- ment against him. I will give the counsel the best bea adage ks will te hae Kode 6 salt, the record of whic old A a been at issu gad Tealy PA Rit oar since January, 1873 It is in | ‘the hands of attorneys and counse! whom nobod: | guspect of collusion with the defendant. | only suit that should ever have been brought, counsel will take it up and abandon tho others—which should never have been brought—I will consent to go | to trial to-morrow, and promise to facilitate the pro- | ceedings and interpose no objection to the fullest i- quiry whetoer the defendant wrongfully received any money or property belonging to the county, and if #o bow much, and uo objection to the recovery of such | Judgment for that amount or any part of it as the law | will justify. If this offer is not accepted, but the plain- uil’s counsel persist in pressi these actions of the State, with all the'r newly invented machinery of op- ‘ossion, then it will be our duty to resist them by all jawful means and defeat them if wo can. FIELD & DEYO, Attorneys for dofendant, DAVID DUDLEY FIELD, of counsel, MA, PROKUAM’S REJOINDER, Mr. Peckbam made a brief rejoinder, commencing with asking the question If it was not laughable or farcical Lo ask them to discontinue this suit, where the defendant was held in $3,000,000 bail, where the Sheriff was liable and where aitachments had ben issued, Tho magnificent generosity shown in the offer just made was on a par with previous offers of counsel. No answer had been made as to the importance of the suit or the construction of the statute under which a special jury was asked. As to the charge that s special jury was a “packed” jury he had only to say that “packed” Juries, then, gat every day iu Wostminster Hall. Ho insisted that there had been really no points raised 1a opposition to the motion, and he aaked thatthe motion be granted immediately, 60 thas they could proceed to trial of the case at once, | DRCISION OF JUDGR DAVIS. Judge Davis gave his decision on the motion at once, | where is, he began, no Receasity for taking the case } {nto consideration; I may as well dispose of it now. It was very ably submitted on both sides. If there be an; | duthoulty ri ing the County Clerk's relations wil | Tweed, wnigh would make {t objectionable that he | should dra¥ or strike the jury, there ts no difculty in | obtaining honest pro hoo vico officers, and I will as sume that counsel will have no difficulty in agroeing on | two persons to be selected for the purpose. It ts un usual to provide a jury ander tho provisions of this statute. For fifteen years of my experience but a single case of the kind has come under my observation. Nevertheiesg the State provides for that system, as applicable w cases of this character, This case 1s one important tn the amount involved and the public interests involved, This, {n connection with the amount, adds largely to the serious character of the case. We ought not to assume that the Legia lature thought proper to provide a special mode of pro- cedure in this case, clothing the prosecution with the sovereignty of the State, anless a more serious ques- | Hon than the amount was involved. We cannot shut our eyes to the fact of the public attention througbout | this Stato and country being 0 largely attracted w this case [1 ts one in which most men havo | formed or expressed an opinion. and which. to \ | and other technical legerdemain is ope: some extent, Bas dividea sme community inte classes favorable unfavorable to the tion, After referring to the facts of the former trials recited in the affidavit of Mr. Peckham ag to the difficulty of Procuring a jury, the Judge said it was wise to allow in such case a struck jury, w procure high-toned, honor- able men qualified for the peculiar specios of testi. mouy @ to accounts, banking matters and the like, If there was anything in the objection that the statute ‘was unconstitutional defondant could have the benetlt on appeal, If the County Clerk was objected to counsel might send in the names of two gontiemen to select the Jurors by half-past one P. M. to-day. The motion for Struck jury—twelve to be taken out of twenty -lour 50- lected—is granted without costs, 18 TWEED IN BROOKLYN ? Tho Brooklyn police authoritios aro very busy search- {hg for missing links tm the chain of evidence which Seems to indicate that William M, Tweed was in that city or Saturday evening. While the Superintendent of Police was directing tho movements of his men yes- terday forenoon a young man called at the office and had a ten minutes’ conference im private with him The information he imparted was important, as .it ia understood to have carroborated the Darrasive of Walter Thompson, who first reported: having soen Tweed and two other men as half-paat seven o'clock on Saturday evening, get out of a coach on Furman street, near Joralemon, and go down on the dock. The three men returned, after waiting a few minutes, as though in expeotancy, on the dock, which at that hour was de- serted, and getting into the vebicle drove off. The man who called yesterday doseribes the party accurately, It is said that tere are two New York detective officers employed in Watching the residence of a very well known resident of Brooklyn, a man who, in days gone by, was a warm friend of’ Twoed. This citizen was, it is intimated, interested through friendship in the exit of of the ex-Senator from tho stage of events in this vicinity, In some way or othe! police on the New York side got. inforniation of this individual, who made a misstep, and they haye not since taken their watch off his movements. BROOKLYN RING PROSECUTIONS. The Brooklyn Taxpayers’ Association have furnished to Mr. John E, Parsons, the lawyer appointed by the Attorney General to conauct the suits against members: of the municipal Ring, a quantity of evidence bearing upon the alleged frauds, It is said that the subjects treatod in the papers are the Atlantic aveni ve. ments, the Hudson avenue sower and the East River Bridge. Mr. Parsons has not yet completed the neces- sary documents, and it 1s probable that the legal pro- ceedings will not be instituted during the present woek, “LET US HEAR BOTH SIDES!” To tae Eprror ov tne Heraup:— Imagine, if you can, an innocent reveller returning to his rooftree, latch key in hand, discovering on the wet pavement, not, like Robinson Crusoe, a mysterious footprint, buta simple, conventional hat. On inspect- ing the abandoned beaver | found in the lining a docu- ment, the contents of which may interest your read- ors:— Mxm—On motion of Mr. Charles Rankin Mr. John Morrison was unanimously voted to the chair, and Mr. John Chamberlift to act as secretary pro tem, Mr. John Morrison then addressed the moeting as follows :— GkNTLEMEN—Having no desire to occupy your valna- ble time at this important period of the evening I wish at once to call your atiention to the action taken last Thursday by the Grand Jury in a presentment to the presiding judge against pool seiling. Ihave no words in which to commend the virtue of the estimable body, of men who wish to interfere with our business, I will’ simply recite to youa fable of Asop which I read in my childhood ;— ‘A man anda lion travelled together through the forest. They soon began to boast of their respective superiority to each other in strength and prowess, As thoy were disputing thay passed @ statue carved in stone, which represented a lion strangled by a man. The traveller pointed to it and satd, ‘See there, how strong we are, and how we prevail even over the king of beasts.’ The lion replied:—'This statue was mado by one of you men. If we lions knew how to crect statues you would see the man placed under the paw of the lion.’ * 1 now propose, on the part of the lions, the following address :— CicB Rooms, No. — West Twenty-rrera SrRRet, Ciry axp County o¥ Naw Yoru, Deo, —, 1876. Hon. Joun K, Hacksrt, Recorder and Presiding Justice of the Court of General Sessions :— Sin—Having disposed of a number of cases coming under the laws against gambling, and having had the best opportunity for understanding the demoralizing influence of all games of chance, ana because of the extremely partial operation of the laws now in force, we would most earnestly present as an evil calling loudly for suppression—so loudly that our innocent games are sometimes completely interrupted (for want of funds)—the place where gambling under tho names of “pute and calls,” “gelling short,” ‘corners’ YY practiced, ‘This evil has become so public that it is made a promi- nent feature of news in the daily press, and very large sums of money daily change hands under the generia term of “stock operations,” ing that the continu- ‘ance of this evil is demoralizing; that tt depletes the pockets of a large number of the commanity who would otherwise patronize a fair game, and thus strikes at the well-being of an industrious class, the undersigned most earnestly present this evil as one which should be thoroagiily investigated by the officers of the law, and, if the present laws are insufficient, then application should be made tothe next Legislature for such amend- ments to the statutes as will effectually the form of gambling wo have named, . JOHN MORRISON, Chafrmau. Secretary. Is auy comment needed ? PHARAOB. IN PATERSON. Jounx CHAMBERIAPT, A protty document! Yours ever, DESTRUCTIVE FIRE THRER LARGE MILLS IN FLAMES—A ONE HUN- DRED THOUSAND DOLLAR LOSS—FOUB HUN- DRED PERSONS THEOWN OUT OF EMPLOY- MENT. At two o'clock yesterday morning fire was discovered in the large cotton mili of R. & H. Adams, in Van Hou- ten street, Paterson, N. J. The flames spread and en- veloped almost the entire building with great rapidity, The front half of Adams’ mill was ontirely destroyed, and the adjoining property was sovercly damaged. The fire communicated to the Phenix silk mill, and there created great devastation. ‘The principal building of the Phenix mills, erected In 1824, was but little damaged, but a large new addition, recently completed, was about entirely destroyed, al- though most of the walls still remain —, The upper part of this mill was occupied by the Phenix Company, and the ground floor by Henry Van Winkle, anufacturer of cotton machinery, This building was about 50 feet tee and the hap dens | building, reaily the same establishment, was 40 by 160. These were completely destroyed. There were over 200 per- sons employed on these ises, who are thrown out of work by this disaster. The loss to the Phenix Com pany 18 estimated at $60,000, which is about half cov- ered by insurance tn about forty companies, in differ. of the country. Some of the machi: of the Phenix Maoufacturing Company r as the most perfect silk machinery in the country, A large picture of Cardinal McCloskey, woven in silk, and intended for exhibition at the Centennial was also con- sumed. Joshua Mason, a machi occupying a small portion of the building, loat about $700 worth of tools, &., on which there waa no insurance. Jobn EB. Van Winkle, machin! suffered a loss of about $10,000, on which there ts $5,000 insurance, di- vided between the Hanover, Manhattan, Merchants’, of Newark, and London Assurance, of London. R. & H. Adams’ loss ts about $30,000, which {s fally covered by insarance. They employed about 150 hands, The total loss will exceed $100,000. FIRE IN NEWARK. About half-past twelve o’clock on Tuesday night a fire broke out in tho fancy goods store of August Schwab, No. 715 Broad street, Newark, N. J., and be- fore {t could be subdued a large amount of ‘damage was done, Mr. Schwab will lose about 000 in stock, which {s covered by {nsurance in the Merchants’ In- surance Company and New York companies to the amount of $2,800. Tho baitding belongs to the estate of Jacob Speer, and was damaged to the “axtent of about "$1,000, FIRE IN EAST FIFTY-THIRD STREET, TWO FIREMEN INJURED. Early yesterday morning flames wore discovered ts- suing from the two story brick building No. 411 East Fifty-third street, occupied by A. B, Ogden asa saw mill, An alarm was immediately sounded, and the en- gines, in the course of a few reg a) were on the yoo After fighting the Ore for about half an hour the fre men succeeded in extinguishing it, The loss on stock and machinery is estimated at ut $500. The build- ing, which is the of Isaac Snow, was damaged to the amount of $250. During the progress of the Joseph Wedman, a ary longing to Hook and Ladder Company No. 2, and Robert Olmstead, assistant foreman of Engine Company No, 21, were severely but not dangerously injured, STOLEN COPPER RECOVERED. On Monday last ® truck load of copper valued at $1,800, belonging to N. 8. Simpkins, of No, 15 Pine street, New York, was stolon from the corner of South and Roosevelt streets, the driver having left his truck and entered a store. The horses and truck were found that night in Portieth street, Yesterday Sergeant Mo- bang Ad Hunter's Point, foand the copper secreted ‘ander Pidgeon’s dock, adjoining Newtown Creek. Fur- ther investigation developed the fact that on Monday two men offered a driver for the Deyoo Oil Company at Hunter's Point $26 for the ase of his horse, saying that they wanted to bring their load to Astor The man refused when the parties drove to the above men- tioned place and deposited the copper, The thieves undoubtedly belong to a gang who for some time past infested Hunter's Point, that place affordin, es opportunities for the secretion of geods stolen from Brooklys New York or tong Leland. por Lagislatare to repeal | alter an act granting @ charter it the Court ta J —— lL LTA Tt tees THE TAMMANY CHARTER. The Law Relative to Forfeiture of Franchises, A CLEAR CASE FOR THE ATTORNEY GENER, A Charitable Society Converted Hlegally Inte % Political Body, ‘The act granting a charter to the Tammany Soclety or Columbian Order was passed by the Legislature in April, 1805, Its revenues, according to the provisions of the measure, were to be used for charitable pur- poses, and were not to exceed $5,000 per annum. In 1867 tho charter was amended so as to permit the or- ganization to acquire additional real estate. It is not uncommon to lay express prohibitions on corporations, including those of an eleemosynary character, in limt- tation of their powers, and requiring them to carry out strictly the objects for which they are formed and none others, If they violate these injunctions they are sup- posed to be public offenders. The Tammany Society was chartered for a special parposo, that of assisting sick and indigent members, and their widows and orphans. ‘Tho moment it ceased to perform this obligation it (or- foited its franchises and possessed no power to take or hold real estate, and when knowledge of this neglect became notorious, It was tho duty of the proper publia oflicer to take the course prescribed by law to obtain, in a competent tribunal, a judemont of dissolution. ‘Tho legislature, ag is well understood, cannot repeat the charter of the Tammany Society, but {t possesses the power to direct proceedings to be instituted for ite dissolution. The Attorney General can act independently in the premises, or a citizen interested can move to havo {ts franchises declared void. This ts the spirit and lotter of the law in reference to corporations who base tho privileges given them by the State, No one for @ moment will pretend that the society at present ruled by Mr. Kelly, eithor now or for many years past, has extended relief to persona such as was contemplated by the act of 1805. The Tammany Society is as far from discharging its legitimate functions as if it were a corporation build- ing telegraphic lines, bridgos or-railroads, or, on she other haud running a lottery or manutacturing bogus jewelry, Tho Tammany Society is a nest of political intrigues, entertaining designs to rule tho city, State, and even the nation, and in all respects disregards the objects for which it was chartored. It is as clear as the noonday sun that it has forfeitdd its franchises, and should be speedily dissolved. The original act of in- corporation, passed over seventy years ago, will clearly show how Tammany has utterly disregarded, and, therefore, nullified its contract with the State, TAMMANY AOT OF INCORPORATION. The following is the text of the act of the Legisim ture, passed April 9, 1805, Incorporating the Tammany Societ; Whereas William Mooney and other inhabitants of the city of New York have presented a petition to the Legislature, setting forth that they have since the year 1789 associated themselves under the name and desig- nation of “The Society of Tammany or Columbian Order,” for the purpose of affording relief to tho indi- goutand distressed members of said association, their widows and orphans, and others who may be found proper objects ot their charity; they therefore solicit that the Legislature will be pleased by law to incor rato the said society for the purposes aforesaid, under such limitations and rostrictions as to the Legislature shall seem moet; therefore, Be it enacted, &c., That such as now are, or may from timo to titne become, members of said society shail be and are hereby ordained, constituted and de- clared to bé a body corporate and political, in deed, fact and name, by the namo of “The Society of Tam many or Columbian Order; and that by that name they and their successors shall have succession and shall be persons in law capable of suing and being sued, plead und being impleaded, answering and hav- ing answered unto, defend and being defended, 1 all courts and places whatsoever; and that they and their successors shall have @ common seal, and change and alter same at théir pleasure; that they and their suc- cessora, by the same nane, shall be persons capablo law to purchase, tako, receive, hold and enjoy, Lo them and their successors, any real estate, in fee simple or for # torm of life or lives, ‘or otherwise, and any goods, chattels or personal estate for the purpose of enabling them the better to carry into eifect the benevolent purposes of affording relief to the indigent and distressed members of the association, their widows and orphans and others who may be found proper objects of their charity, provided the clear yearly value of such real and personal estate shall not exceed $5,000, and that they and their suc cessors shall have full power and authority to giv grant, sell, lease, demise und dispose of said real ani personal estate, or any part thereof, at their will and Jeasure; and that they and their successors shall fon froin time to time, authority to make, constitute and ordain and establish bylaws, constitutions, ordi- nances and regulations as they shall judge proper for the electiva of tneir ofMicers or the admission of new members of said corporation, and the terms and man- ner of admission, for the better government aud regu- lation of their Officers and members, for fixing the times and places of meeting of said cor ration and for regulating the affairs and osiness of said corporation, provided that such by- laws and regulations shall not be repugnant to the com stitution and laws of the United States or of this State and for the better carrying on of tho business au affairs of said corporation 6f such denomination or do- nominations to be chosep-in such manner and at such times and places as are now and shall, from time to time, be directed by the constitution and laws of said corporation, made or to be made for that purpose; and that such member or description of members shall be su{ficient to consutate a legal mooting, as are now and may hereafter be directed by the said constitution and bylaws. biel be it further enacted that this act be, and is hereby declared to be, a public act, and that the same be construed in all’ courts and ‘places, benignly and favorably, for every beneticial purpose therein in- tended. It will be observed that the society was chartered solely for charitable purposes, purposes which it bag disregarded, and consequently forfeited its charter ‘TH DARTMOUTH COLLEGE CASE ‘This celebrated case was argued in the United States Supreme Court in 1819 before Chief Justice Marshall andafall Bench, The authority of a Legislature to amend or repeal the charter of an incorporated cleo mosynary corporation was discussed at great length and with wonderful ability. Daniel Webster repro- sented the college. It appeared that in 1769 George LIL granted a charter for the foundation of an institution tn New Hampshire for the education and Instruction of Indians and also of English youths and others in the provinca, By the charter the property bestowed for the purpose was vested {n twelve trustees and no more, to be disposed of by a majority of them as they might consider best for carrying out the royal de cree. The Logisiatare of New Hampshire in 1816 passed an act changing the name of the college to that of Dartmouth University, Increased the number of trustees and in many othes respects altered the constitution and objects of the founder and grantor of the charter. Tho highest Court of the State decided in favor of the constitationality of the law and an appepl was taken to the Supreme Court of the United States. Opinions in the case were de livered by Chief Justico Marshall and Associate Jus tices Story and Washington It was held that an act of tho Logisiature altering the charter, without the consent of the corporation, in @ material respect wag unconstitational and void, This decision settled th question as to the power of the id down gonerai principtes a8 to the terms and nature Glernayneey, Spice in effect holding that they are subject to dissolution and surrender of franchises by wilful misuser or non-user, LEOAL REMEDIES. When ft is apparent that the objects for which tht ety or Columbian Order was incorporati Eee eo negi that its affairs have been grossly mismanaged, and that the societ, been coi verted into an active and dangerous political organi tion the time has arrived for an inquiry into tl administration of its affairs, and if found that th original design for which it was chartered has beow totally disregarded it is the daty of tho proper legal functionary to take steps for its dissolution, path to follow is clear, The laws provide that a cor~ poration by wilful malfeasance or nonfeasance forfeita its franchises, which may bo seized by the State on a jadgment upon information filed by authority of tha State oxercised by tho Legislature or by t Attorney General, In a Massuch caso, where a motion was made to show cause why the Solicitor General should not be directed ta filo an information tn the nature of & quo warrant in order that a corporation's franchises should be de- clared void, {twas neld that an information of this kind may be gained at the relation of an individual im terested, but that an information to dissolve the cor. poration or for seizing its franchises could be prose: cuted only by direction of the State or by the Solicitor General The course for the Attorney General is, a statod, very plain, Tammany has notoriously misuse {ts franchises. ‘Its funds have been grossly mismane aged, as well as misapplied, and thereby the poor have been robbed of accumulations that should havo bev hhusbanded for thoir succor. [te only administration of any kind of charitable relief has been in the way of distributing offices or labor tickets to political boggara It has confused its membership and functions with tht membership and functions of the General Committer of @ political party or faction; in a single phrase. hat both non-use misused it franchise,