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Domestic News November 19, 1873

Alexandria Gazette

Alexandria, Alexandria County, District Of Columbia

What is this article about?

On November 19 in New York, the jury in the Tweed corruption trial found defendant guilty on all counts after further judicial instructions. Defense counsel moved for arrest of judgment citing jurisdictional issues, but the judge deferred arguments to Saturday. Tweed was committed to custody but later permitted supervised leave for private matters.

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The Tweed Case.

New YORK. Nov. 19.---At 2:45 a. m. the jury in the Tweed case had not agreed on a verdict, and the court took a recess till 10 a. m.

New York, Nov. 19.---At ten o'clock this morning the jury in the Tweed case came into court and asked for further instructions on the fourth count. Judge Davis explained the charge to be misconduct in place of trust by certifying to these warrants which he was bound to audit, and reviewed the evidence in support of the allegation---chiefly certificates of audit by defendant and the sum of over a million passing from the proceeds of the warrants to his account and drawn from bank from May and September. After ten minutes absence the jury returned with a verdict of guilty on all the counts.

The defence took exception to any verdict except a general verdict on all the counts.

The judge discharging the jury thanked them for the attention given to the case. Mr. Graham then moved an arrest of judgment on the ground of want of jurisdiction and also that the act of 1870 creating the commission of audit was repealed by the act of 1873.

The court replied that it would be a useless waste of time to argue; he was so convinced in his mind on these points. Mr. Graham replied this answer was an unnecessary wounding of the feelings of counsel to say that argument or points he raised would be an unnecessary waste of time.

Judge Davis said he had no such intention, but simply that his mind was made up on these points.

Mr. Graham said the answers by counsel for the prosecution to points raised by the defence all through were humiliating, calling them trifling.

NEW YORK, Nov. 19.--Mr. Graham urged that considering the fallibility of human judgment there ought to be delay to hear argument on want of jurisdiction for the repeal of the law of 1870 by the law of 1873.

Judge Davis said he was so satisfied on these points that they ought to be heard by another judge. Mr. Graham said the points were grave and allowed by the court to be grave, and delay in such a case would be creditable to the judge inasmuch as it might turn out if no delay was granted, punishment of a degrading character would be inflicted, which ought not to be inflicted on a man who once stood so high in the community; for his part he could not look on a fallen foe except with pity.

Judge Davis said he would hear argument tomorrow.

Mr. Bartlett said Mr. Graham could not be ready, having had only two hours sleep out of the last eighty.

Judge Davis said he would hear it on Friday.

Mr. Tremain said he could be here on Friday.

Mr. Phelps announced that he would move the Ingersoll case for trial Monday.

The argument on the motion for arrest was then fixed for Saturday.

Mr. Allen then asked that the prisoner stand committed in the meantime by the order of the court.

Judge--Yes, Sheriff, take Mr. Tweed into custody.

Mr. Tremain here gave notice that in moving for judgment the Counsel for the Government would ask that a separate term of imprisonment be named on each one of the counts on which he was convicted under different claims, making fifty-five distinct claims and 204 counts. The prisoner was removed in custody of the Sheriff and the Court adjourned.

New York, Nov. 19.--Tweed, after his removal from court, applied for leave to attend to private affairs, and was allowed to go in a close carriage without a specified limitation of time and in custody of two Deputy Sheriffs.

What sub-type of article is it?

Legal Or Court Crime

What keywords are associated?

Tweed Case Guilty Verdict New York Trial Arrest Judgment Court Proceedings Misconduct Charge

What entities or persons were involved?

Tweed Judge Davis Mr. Graham Mr. Bartlett Mr. Tremain Mr. Phelps Mr. Allen

Where did it happen?

New York

Domestic News Details

Primary Location

New York

Event Date

Nov. 19

Key Persons

Tweed Judge Davis Mr. Graham Mr. Bartlett Mr. Tremain Mr. Phelps Mr. Allen

Outcome

verdict of guilty on all counts; prisoner committed to custody; allowed supervised leave for private affairs; arguments on motion for arrest of judgment scheduled for saturday.

Event Details

Jury requested further instructions on the fourth count regarding misconduct in place of trust; after explanation and review of evidence, returned guilty verdict on all counts. Defense excepted to verdict form and moved for arrest of judgment on jurisdictional grounds and repeal of relevant act. Judge deferred arguments, discharged jury, and ordered Tweed into custody.

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