Tweed was placed on trial on January 7 before Judge Noah Davis in the Court of Oyer and Terminer. Defending him were some of the most noted men at the bar, including David Dudley Field, one of the counsel of the Erie Railroad, and John Graham, without a peer in trying a criminal case. There were other veterans, and three young lawyers, known only to the profession. One of these was Elihu Root, at that time twenty-eight years of age. Wheeler H. Peckham, one of the Committee of Seventy, was in charge of the prosecution, although the prosecutor of record was the District Attorney, Benjamin K. Phelps, who, like the trial judge, had been elected on the anti-Ring ticket. The two principal witnesses were Tilden and Garvey, the Prince of Plasterers, who had returned from hiding under promise of immunity if he would turn State's evidence. Garvey, with a straight face, said that he fled to Europe because he feared assassination at the hands of The Ring. Tweed's face went red with rage at this wanton perjury. At recess he followed Garvey into an ante-room of the court and said something sotto voce to the man he made a millionaire. A reporter inquired of Garvey what Tweed had said. “His language was blasphemous,” answered Garvey who observed the Third Commandment while scornful of the Eighth.