New-York tribune., 1872-06-04
MIR. TWEEDS CASE AT albany.

Albany, June 3.-In the Circuit Court,
JUDGE Hogeboom presiding the case of The People agt
William NJ. Tweed, implicated with Ingerson aud others,
came up at to-day the demurrer Of the defend
ant Tweed, issue having been joined In November
last Wheeler H. Peckham opened for the people, and
W. o. Bartlett, David Dudley Field and John H. Key
nolds for the defendant.
Mr. Bartlett opening the argument for the defend-
ant said 1t contended that the County of Newfofk
held corporate right 10 sue and be sued ana II onas
proposition not sound then the case OF te peope
failed He sharply criticised the manner IN wncn sns h
suit brought through Bureau OF Correcuon anu NY ~
the transfer of the Office OF Attorney GeheaI W ,e Ny
Of New-York He then proceeded 10 show the inde-
pendent position occupied oy % tae county, tS 9ntS E
of New-YOrk had always been recognized from
the time Of the Colonies as corporate BODY,
which the Comfy of NewYork is mentioned, ana also
bonds issued by that County for which the county S Is
the claim that there was no such body corporate ~ e
Ties 10 show that County had power to sue and was
liable be sued, IL was corporation Inc Constitu
tOn provided that all corporations should nave TINS
power and also be subject to IT, He conended there
an on,ed 70 allowing Two different parties TO sue and
recover this money and that was absurd. As to the
State becoming responsible for the bonds OF New-foIk
Cmnty the Constitution expressly prohibits the credit
of the state being loaned to any corporation Hence,
here again. the State has no interest IN the naueI
the argument OF the prosecution is sound, and the
Supreme Court shall decide in accordance therewlth
then the State is liable for the debts OF
OF all towns issuing bonds in aid of railroads Establish
this doctrine he said, and your state is hopeiessy nank
Tupt at After some further argument TO sustain
the points made by hiU Mr. Bartlett concluded III was
then agreed upon mat 5 g. S9uTtneg 5Oua m of
the people and d. d. Field close in behalf OF b0th Iweed
and Connolly, the5 Gasfs % Des pen fro 6e others A.
Beach will speak for him. The Court then TOOK recess
on the reassembng Of the Court g. G. Courtney made
argument the demurrer on the part ot Richard b
decision OF Judge Learned reducing his clients ba IN
which that Judge left undecided the question ION
people of the state instead Of by the County OF new
York, since he had doubts about the mateT ana said
that the question here. Counsel TOT tne peopie
claimed that the suits were properly brought DeeauSe
first, there was in the bonds an implied ialtn oI Inc tne
state, therefore, the people OF the state were
Interested, and had right 10 bring the suits
second because & 5o viii tbe oGender and
therefore the suits could not be fairly prosecuted on De
half of the people of the city and county. This was
sci for the people. But. said Mr.. Courtney, we
demurrer claim that an action like this cannot be
tanned We caim Of course If an action exists rests
with the Board of SUPERVISORS Of the County OF New
York, or with tue City Corporation 10 bring suit
We therefore say dhls demurrer tho 1osstons MSn
and the preudces Of the hour shall have full sway lie
then proceeded to stare te points made IN ms VI nr5d @ 10
the effect that IN the complaint there Is nothing 70 snow
that his client Connolly ever received any OF the money
alleged TO have been stolen that if he did any wrong
he acted Officially II was judicial error Ior whch ne
amenabe The decisions are tnat Oicers elIlng
officially are responsible in civil actions All ms
actions, either as Controller or AUDITOR Were
official, aud for which he is not liable in an
did this S6OOOOO said 10 have been stolen, belong aud
proceeded TO show that belonging 70 the County OF
New York il was the people Of that county alone who
interested in it's recovery, aud they only could sue
for il.
Mr. O'Conor. on behalf Of the people, followed. After
SAVING that references Of counsel 70 the motions or
those who had brought these suits could have no nfa
ence the Court lie SAID tnat the defendants were
charged with mOustrOus maveTsatOn, aud they answer
with demurrer, a confession OF all that IL charged
against them, but say in their demurrer
that there Is no remedy 10 be had, at least
none here in the way these suits have been brought
As for Mr.. Tlden, he said that gentleman advised
nothing did nothing, except TO furnish information on
which 10 base action; and IL Mr. Tilden, being member
of the Legislature fit, as IS the fashion nowadays
10 get decaratory act passed. that ought
not TO have any effect here. There were
reasons for bringing the suits here. These defend
had the power 10 make judges and 70 uumake them
the City of and one Of those Judges has re-
Gently resigned, While stands in court OF impeach
ment, or rather is suspended. These facts would sug
sci then proceeded detail the action Of Messrs Tweed
and Connolly as members Of the Board OF Audit.
Judge HOgebOOn asked II the complaint charged that
Tweed knew these claims fraudulent.
Mr. OCOnOr read fOend that there such charge.
Judge HagebOrn said he thought that, nevertheless,
such construction should he put upon tine complaint,
it makes him accOmpce in the conspiracy TO de-
fraud.
Mi. O'Conor-The money was stolen; then in comes
the doorkeeper the auditor Tweed ard the thieves DIV
ide with him.
Mr. O'COnOr then said he had further argument TO
make. He had made the few points he desired TO- and
would close.
The Court then adjourned until tomorrow morning at
1915 o'clock