The New York herald., 1872-10-30
WEDNESDAY 80 1s72-TRPIE SHEET

O4'
e with the exception of the '
as ss sS
heard Or she am Wiling
s H q me T the
THE PROSECUTION NOT WILLING.
Mr.. Peckham-So far as we are concerned we do
not feel willing to submit the without address
ing the jury. We purpose to address the jury; you
can do as you please. 0tt& &r
THE CASE FOR THE DEFENCE.
Mr.. Buckley then addressed the Court for the de-
fence, and said that he proposed to submit to the
Court certain prayers to be delivered to His Honor
in the progress OF this case. He might content
himself by simply submitting them, but he deemed
1t appropriate to accompany the presentation by
some remarks, founded on the law OF the case hav
ing no relation Whatever to the facts except far
as reference to them might be necessary to apply
and enforce the propositions that he intended to
submit. Before he should do this. however, he
would refer to an indictment, which was q
record OF the Court-an indictment against
WILLIAM N. TWEED
Mr.. Peckham said he would interp0se prelimf-
nary objection.
The Court ruled that 1t was necessary to put the
document in evidence II Mr.. Buckley intended to
use it.
After short argument, In the course OF which
Mr.. Buckley said that all he sought to show was
that an allegation In the Tweed indictment, f true,
proved that the allegation in the Hall Indictment
was not true, the document was handed to the
The Court ruled that all that was evidence was
that 1t was an indictment In that court. An ex-
ceptOn was taken and allowed.
REQUESTS TO CHARGE.
Mr.. Buckley then read the following requests to
charge, on behalf OF the dcfendant:-
Fra-There can be no conviction under any Of the
counts snsns there
breach peTversicn Of duty imposed by law upon
q the acts Of the dcendan. set in
at common law to audit accounts. demands or claims
Taiyd I'm reference to the counts framed under the
audit the several accounts Of '"' ''S''''
.,,,. ..ios' xxYsER' oARvzr AND DAVIDSON.
foMS-Sc @ Conviction can be had upon either Of the
audit ni 81 e Ct ns q
that eaacs 1c al the law in the
S9ss II s On Tho M.vor A. member
Board Of Audit were judicial n their ohaTactsr
y @ &
ceedng for such exercise unless his action s shown, be-
rsss s
Buef vs. sSes
isi: Laws. q; s Ns% nampsaire, sss: WhartSSns tons
eon sections Rocoss
EvideYnscc, page sOi Johnsons Impeachment volume 2
s5a wn'H
ex on IL S h part % @ in any one Of
eseaTSat the jury must discard all evidence respect
& S as s IN se
EhthThere Is no evidence connecting the defendant
a
Davidson and Ksyser either Of the codsisndan
,.., ~ on ,nrs w1rsos OR wooDwAaD ,. ..,,,.,o !,
sao''asa
ss o sSs
a Wa the gSaTS dt ths Dar
authority vested in him By the statute Construed IN con-,
M
Ali $s ~ s ss:sS
Sa se @ n Ssn ~
right 70 give such weight to these certificates of ap
AUDITING AND crRrrYmc rnx SAID BILLS.
s
81 se ss s aas %
II fo,esni@TSsrs i allegation in the Indictment of
the
in % ascSase q his his and that hereoree eaD's
Fss such
e e sns eoss s
accounts Is upon the people ana unless the jury are salts
@ ns nau Know"
n0
sy Sasss ssn Ss s9ts ss
i e their duty n.
reached Mayor consideration and action as
by the 10
and to have been audited claims by the
Depar.ment the defendant had evidence that
sSs Hasit ana e SsysSesn found
4 s9SS % ss mt
. e HSy Fl The Ss jury S SsSs nsSs rom the testimony
Of liaTvey from any part thereof that he guilty Of
him, then he stands - - =
and his whole testimony any part thereof should be
TSen.u,sys any act conversation or declaration
the defendant in reference TO the alleged OF
on q S
n coSsdefnF y the guilt or nno
the defendant upon any the charges contained
in the.indicmen the jury must exclude from their
sdcraon al evidence relative to the warrant work
tive thereto in said year testified to by the witness
| Garvey.
Treaty-third-That there cannot be conviction under
any OF the Statutory Courts because special provision
has been made by the law creating the Office Mayor
for the OF each and every official delinquency
Of the Mayor by impeachment and that the charges in
the Indictment proper subjects for impeachment
MR. BUCKLEY's CLOSING ADDRESS
Mr.. Buckley then addressed the Court on these
requests to charge. He read the thirtyeighth Sec
ton Of the statute published In the HERALD yeser-
] day, making wiul neglect OF duty In public OF.
/ hcer misdemeanOr, aud stated that the penalty
ON conviction was Q fine and Imprisonment or
either, in the discretion OF the Court. After refer
| ring to the various counts OF the indictment he
called the attention Of the Court to the fact that
prior to the passing Of the Board OF Audit bill the
Comptroller had absolute control over city claims.
1 The cOunfy claims were under the control the