New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-01
MAYOR HALLS TRIAL.
NO VERDICT YET.


The last day of Mayor Halls trial witnessed
an elaborate effort on the part Of Mr. Tromain who
replied to Mr. stoughon's argument OF yesterday HIS
address occupied the entire day AT the outset nc
alluded in the most complimentary terms to the speech
OF his opponent and then neatly parted the political
thrust which Mr. stoughtOn made the day before Inc
main points of Tremains address to the jury VIII be
found below with Judge Bradys charge TO the jury
MR.. TREMAIN's ADDRESS.
In that crowded Court the jury beheld
sublime and impressive exhibition Of drama In real
life This trial. taken in connection with those astound-
ing frauds out Of which this indictment had us orgn
must have impressed upon the minds Of all present con-
cerned tho administration OF justice the gravity anu
Importance OF the issue to be determined. Inc mayor
of chief City Of the Western Continent was brought
to bar, charged with violating the criminal law OF
the country. Millions OF dollars stolen from the
treasury but the rogues could only get at 1t when ne
who held the key applied tho key TO the
lock. The three persons indicted were the Mayor,
VIM. NJ. Tweed and Ri Connolly. The Indictment
bound in O volume, was the largest ever presented IN
our Courts and contains 40 and relates to 90
claims "a Of which Garveys. The punishment pre-
scribed for q msdemeanor such as the defendant s
charged with having committed is imprisonment not ex
oeeding year in the county Jail or fine not exceed
ing $50 both In Of the ancient republics they
had no provision against parricde for they could not
imagine any one would commit such crme and In our
world and struck men with alright, there was no pro
vision TO cover such frauds and the only statute APP
pllcabe I'm this case that which made the ohense
misdemeanor putting 1t level as TO sughtness OF
penalty with common assault and battery
Suppose man is having house built and is going
away and he ntrrsts his clerk TO pay all building
claims certified by the architect On his return be finds
all such claims were paid without such certificate, but
that they were all Just bills and the oense would be
technical one; but what IL he paid away large sums on
fictitious claims Was not the architect bound to make
examination Even II no fraud attempted 1t was
neglect Of duty not to examine the bills aud II was
unnecessary to prove corruption in the defendant 30
many high officials have been proved to have stolen vast
sums from the public treasury that case Ike the pres
ent Is almost regarded Of innocence Neverthe-
less the Jury should be astute and the laws applicable
10 the defendant must be enforced.
THE MAYORS RESPONSIBILITY.
When the Mayor certified that the Audit Board found
certain sums due by the city, whereas no audit was
made, he may not have been Influenced by pecuniary
considerations. There are other considerations. man
may belong TO political party controlled by Ring,
whose head is able TO influence the Legislature and
sweep the old Board Of Supervisors and under the new
Charter imperial power may be conferred upon the
Mayor. The proof that fraudulent means were used 70
obtain that City Charter was the testimony that S9OO
of the money paid was sent TO Tweed TO be used in
Albany the fact that on the 9Th OF April Imperial power
was conferred upon the Mayor ana he was made FteS
that all claims should be paid having the signature OF
Mr.. Stoughton-Is il professional TO make such sug-
gestion DO you mean that the Mayor con-
| Mr Treniain (emphatically)-NO but no the re-
cipent of the power conferred. Am 10 close my mouth
came TO be eonstructed and how with an infdety and
oareessness inconsistent with the theory that he
faithful the Mayor permitted these robbers TO plumber
the public treasury The point the jury would have TO
settle their responsibility was whether the Mayor
was at liberty certify that bills for $60O0OO for three
months, and only 100 claims in all, were audited when
they were mott IL was as clear case OF violation OF
thad duty INN ly be OH
The clause OF the Tax Levy of 1870 made it the duty
OF the Board Of Audit created 10 replace the old Board
OF Supervisors OF which the Mayor President
10 audit ali liabilities against the city and county and
every knew by immemOrial the meaning OF the
word "audit." Yet from May 20 August the bills were
certified passing through like hot cakes to the amount
of "a 10000 without audit. The old Board OF super
visors were required to have clerk to keep record
only when affidavit was made by the claimant. But
when this new Board OF Audit came into existence DO
affidavit was required used; there Is clerk, there
record, there no audit no place for the custody
of public records and 1t was as much the Mayors duty
recorSs@tnere is nothing but the destruction OF the
vouchers whose lurid flames, when the burglary
committed, was supposed to have burned up the evil
And yet this defendant comes into Court, and with
chyalfy worthy of Ney soult or any OF Napoleons
Marshas he greets TINS ta Tor ne mans theJury as
the star OF his deliyerance lLaughter On the other
side the allegation that the presumption was In
prind faeie made out that they did not and
they did how easy Tor the Mayor TO prove III The
sebSdsDI he burden Of proof Yet the prosecution
wonld take upon them the burden proof that no such
audit or examination ever made. The people could
not produce Connolly Tweed and them crimi-
nate themselves but Garvey, Keyser, and Ingersoll
proved that they never were before the Board of Audit
or any member OF IT, authorized any one else to APP
pear for them yet the Mayor signed his name TO each OF
those bills. certifying that the Board had audited and
approyedt it.
A JURORS QUESTIONS ANSWERED.
Tho absence anywhere OF any audit proves taken in
connection with the evidence given here that the only
meeting of the Board that at which they resolved
hutt tba NJ
NJ Tweed would be sufficient to open the gates Of the
Treasury to the claimants. And in the cerf-
cate is given without Mr. Tweed's SIGNATURE at all
Mr. Tremain-One OF Keyser's.
Mr. Houghton-In answer to that, Keyser's bills
MI Tremaine-In answer to that will prove that dur
ing that years Keysers bills were never audited at ALL
The The juror-what Is the amounti
Mr.. Treman-It is bill for s5S,622 Laughter from
the iury.l Twenty-Five dollars would send q man 10
State Prison; yet here is bill for $4,000 paid without
any audit at all Yet the gentleman says he acted In
good faith believing that Tweeds signature was proof OF
audit by tho Supervisors In his message to the Com
Council after the frauds were committed the Mayor
in three distinct places takes the ground that he had
nothing TO do but sign the bills as mere ministerial
act but the jury how his counsel was obliged
change all that and take the ground that the presump
ton was In favor Of the audit having been duly made by
The county officer who alone to audit all the bills
was an officer unknown 70 the statute. Who authorized
on the statute the ground Of compromise
with somebody In Albany claiming TO represent the peo
the responsibility OF absovng himself from the duties
imposed by the statute The treasury thrown open and
pundered and disgrace brought Upon the administration
Of the laws In the city and State Who, except tie MAYER
Joined with the two others and made PRESIDENT VI the
Board, gained the trust. the Legislature IN the man
elected by the people induced them 10 pass tho actf
Who at the first and only meeting they held, offered
resolution, his handwriting, comforting such
traordnary power the County Auditor that any bill
passing through his hands should be certified by the
members OF the Boardi Who It that certified each
aud every bill The Mayor. And who was 1t that when
IL became necessary issue the final check counter
signed it, and thus enabled the thieves TO draw the