The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-14

there might arise a serious question whether they
would, under the present circumstances, a. this
| stage go with the case. He, therefore, asked
the Court TO grant recess for an hour to consult.
| It was granted and, in the interim, before resum-
to the cause of this somewhat une expected motion.
Finally speculation took correct shape in
Harry s %a asa' had e scee eleventh Juror MT
Americus Club in its nalcyon days, when
Mr.. Tweed presided over its destinies and dis
pensed It's hospitality with Oriental magniGcence.
| That this fact in the history OF Mr. Williams failed
| to invalidate his functions as Juror was made
evident when the prosecuting counsel returned to
| Court, and Mr.. Peckham, without the slightest al
fusion to the cause OF the recess, started Off IN his
opening address to the jury. Mr.. Peckham spoke
for over two hours. His speech was a good dea!
similar to that made on the same side In the case OF
Mayor Hall, and its matter and delivery were
| marked by nothing the audience was likely 70
| recoiect az either original or Impressive. Inc
| Court adjourned after Mr.. Peckham's ADDRESS.
The Proceedings FroPer-A Siight inter-
ruptiOn.
| Immediately after the opening OF the Court yes
| terday to resume proceedings in the Tweed case
| District Attorney Phelps, addressing the Court,
| said that he had received communication in con-
| necton with the case then pending OF a nature
which required that he should briefly consult with
| other counsel for the prosecution Upon ITS con-
sideration might turn the question whether ut this
time they should continue the not. He con-
cluded by asking for an hours recess.
Judge DAVIS at once granted the request.
The interruption excited good deal OF specula-
ton as to the and what might come OF it, but
on the reassembling OF the Court no allusOn what
ever made to the previous action OF the Dis
trict Attorney, and the
| OPENING OF THE CASE FOR THE PROSECUTION
| was at once proceeded with.
Mr.. Peckham, Of counsel for the prosecution, pro.
! ceeded to open the case. He reminded the jury
| that three days had been spent in procuring them,
and that they were here to investigate the truth
Of charges as interesting to the public, perhaps as
| any that had been tried. They had heard more or
less in The past few days of the character of the
issue before them, but not a full and complete
statement. and it was therefore proper that he
should state 1t fully. They understood that the
wrongdOlng was towards the people OF the city
and county Of New York, two divisions which
territOrially were Identical. Prior to 1857 the
city and county were substantially IDENTICAL
though there was Board OF Supervis-
Ors. The charter Of 1857 established two
independent governments In the county OF New
York, making the Board of Supervisors elective
ana independent. This was the Board OF Super
visors which they would hear SO much Of Down
after there was city tax levy and county tax
levy and an increase OF taxation Thus the taxes
rose from under
TEN MILLIONS IN 1860 TO SOME TWENTY MILLIONS
IN 1870.
This was besides the amounts raised for special
purposes by special funds. Towards the end of
this period there arose grave uneasness in the
public mind AS to the way these sums were ex-
pended and this took form in the so-called Young
democracy, who opposed the charter adopted in
1870 The defendant had long been Supervisor,
and was In 1870 State Senator. was Important
to remember this only in view of the fact that
money was used to pass this charter, that this
money sent by parties from this city ana after
wards was certified to be claim against this city.
Then was known the quartet OF
| TWEED HALL, CONNOLLY AND swEENY
| With the passage Of the charter an act was
passed aboishing the Board Of Supervisors after
July l, 1873 There could not then he said. be any
| except trifling claims which could not have been
properly audited by the Board OF Supervisors
and they had no duties practically but the auditing
| too large for the purposes OF division. There
would be TOO many fingers in the pie. SO on the
SSt9 of Apr ISL IN tue tax levy was passed
ought to have passed on should be audited by the
s snree tD the the
from the Supervisors and given to these ' men.
adopted resolution that the County Auditor e coll
lect from the appropriate committees the bills
authorization Of the committees by their Presi.
dent or clerk the bills to be submitted to them for
some extent, to determine what, under this act
were the duties Of these men. He claimed that
a TO anS .s
meaning of the word. That duty and examination
were imposed on them by law They were made
the trustees Of the taxpayers to see that the
money taken from them was justly due. Look at
the way in which they performed. This resolution
-
ton not to do their duty. They were required to
find what was due from the city, and they
direct the County Auditor to do their duty and
| tell them what sums shall be drawn. Alter they
had adopted this resolution certain bills came be-
paid by warrants on the 9Th Of May, SO they must
have come up before that day. Some OF these bills
were two or three pages long These bills were to
| would remember that Mr.. Tweed was President OF
the Board OF Supervisors. Any fair and honest in-
depreciation of the resolution would be that it was
to apply to bills that had already been before the
Board Of Supervisors or Its proper committee. But
100 out OF the 100 bills passed by the auditors had
never been before the Board Of Supervisors. They
were made up on the spot Mr.. Tweed vised
they were passed without examination. He
quoted from the opinion OF the Court in the civil
suits to show that their failure to perform their
| duty made them responsible for the acts OF their
subordinates. What he specially called their atten-
ton to that to these bills, which had never been
BEFORE THE BOARD OF SUPERVISORS,
and which this defendant knew had never been be-
fore IT were thus certified The first three OF the
1--WE certify the within bill to be correct. VIM. M.
Tweed, President. Z. A. woodward, Clerk" But
mere ipse dirit Of MIR. Tweed; but they got even ven
more careless, till In August, the last of the
tSa. e INT haa there was not even
Peckham called attention to the fact that,
with one exception, the bills were certified
before the Board OF Supervisors. These bills came
in some way to the hands OF the County Auditor.
showed one OF the bills and the blanks attached.
These blanks were attached to the bill by the
County Auditor One OF these was the certificate
the three members OF the Board OF Audit that they
had certified the bill and allowed it at the amount
named. But gong back, when the County Auditor
received the bill he stamped It with stamp "City
OF New York, Department OF Finance, examined
by me and found correct" Had this come from the
Board OF Supervisors it would simply have been
certificate OF the County Auditor, not that the bill
was correct but that it had been duly passed by the
Board OF Supervisors and presented to him In proper
FORM II would not then have been an audit OF the
| oill lie claimed II was the duty OF the Board Of
Audit to meet and TO examine together the bills,
and II they did not do 80 at the proper time, them
aside from any question OF corrupt action they
were guilty OF neglect. This went on Till August,
and during that time they certified away So Si2 900
ofthc citizens money. Over six millions were drawn
from the city and county OF New York upon these