New-York tribune., 1873-12-25

Mr.. Tremain, before submitting 70 the jury
his ideas the law and Of the evidence expressed hs
sense Of the OF the duty which devoved
upon him prosecutngs member OF hs own profession
He mentioned the great importance Of the 70 The
citizens the principles involved. and said
there was not law for the hodcarrier and another
for the ex-Msyor; there one law for
all The Jury had fnot made It. and IT
was simply their duty 10 pronounce according to its
dictates. They were not to deCermine whether the
offense technical one 10 concern themselves
with the CON Quences OF verdict OF the 55 misde
charged four not attempted TO be proved
and the bills to Davidson Keyser and Garvey
The maximum imprisonment for each ofense wouid
he one year. and punishment mish be 81 nne or one
hours Imprisonment
At this point the Court took recess Of half an hour
and on reassembng Mr. Tremain resumed, saying tha'
man would rejoice more than he n the Jury unuo'
the circumstances could acqut. If the defendant in-
tentionally neglected mis- duty he wilfully did IT, ho
may have thought he doing right; but that was no
defense. On April 1870. the Legislature gave the o'S
a new government. III which the defendant was
clothed with imperial powers then. as part oi eno
scheme the Old and honored Board Of 5uperVisors'
which in this, as in every county since the he'o'u'
ton, audited claims. was replaced Dy tno no"
Board. Under that act these gentlemen were IeI,so s
audit the claims then existing, inn 10 PtoVlc Io'
payments the amounts found To be due ~ lerenuo
bonds Counsel then addressed hlhseit 20 nu LA
to argue that andng the claims and hnding ont What
was dne involved an invcsfieaton OF quasJudieial
character at which the Board should NEE, anu nno @
the pauers before them and that the people were en-
titled TO the benefit OF their ioint investigation ne
asked the Court TO charge that ~ the lou '' 'e MI MI
again after they passed the resolution, there was VIII
AgSin' aid Mr. Tremain the ues.on of personal
nection in this matter totally unimportan the qucs-
tOn of actual loss the people Is unmpgriant bnt
you have here in which millions Of dollars nave
been rauiurntlv distracted public Treasury,
and when the sentines who were placed by the people
10 guard the Treasury have folded their arms,
can scarcely be exclaimed have allowed millions % DO
ahlraeted when the 81 the accounts
aS have shown you, would have satisfied every honest
and intelligent that there was something rotten IN
Denmark. something that ought TO beinyesngated Are
besides corrupt pecunary cOusdeia-
tion We cannot penetrate the heart; that Is
the province OF Ouui5cence But may there
other motives lan LhOse growing out of desire
to accumulate pe May there not be desire TO at
where holding Office discovers that the avenues
OF power lie through certain channel that the easiest
way 10 promotion the highest Oi.e Is to allow these
TO continue uninterrupted IN their work OF piunder'
without interposing any obstacles to their accomplish
ment And may there not noliyc arising from
manly of those poweTl Fac defendan IN this case
TO have been the only nan upon thdt Board TO
whom the Legislature IN passing thus law wonld nave
right to look, ard upon whose responsibility they
would have been likely aoue to have passed eea
the Controller who was not responsible u the people
Old charter abolished by the new. ana the Mayor a
pointed him. The learned gentloman among the I'M
sworn euogies no mas pronounced has pronounced "a
high eulogy upon Connolly.
Mr. stoughton-No Sir told the jury with great dis
tinctness aud care 10 look upon him as no was thea
known.
Mr. Treman-I meant IN have said that. What was
then knows about Connolly suppose YOU and every
man in the city had heard before that OF tho man VINO
was universally known ~ "Sippory Dick"
Here an involuntary burst OF applause came from the
audience, suppressed Instantly by Judge Daniels who
remarked that repetition OF 10 would lead to the ex
cluslOn OF the offending persons from the room. 49,
1t ia enough gentlemen that you md stupid ind1f-
ference Needless careless gard of the rights OF the
tax-payers III do not find whatI shall show you
visit
Mr. Iremain went on 10 argne that the Commissioners
voluntarily undertook the trusts Teposcd IN them by the
act snoud ask the Court 20 charge that the Jury
had nothing else to decide than tue question whether
the defendant Intentionally neglected bIs duties There
had been prev audit by the 5nperYs0rs OF these
bills and that would be the end Of them He argued
that the meaning OF the resolution OF TIE Board OF Audt
was simply that the Authorization of Wm NJ Tweed or
his tool. Woodward. was enough
In conclusion counsel said the waters OF reform had
begun flow, and lt for the jury 10 determine
whether of should DO arrested in their
flow II they found general verdict OF guilty the de-
fendant could On be punished FOR offence but they
could find him guilty on all any Of the counts or
vouchers. He excluded ali thought that any relation
existed between the defendant aud anJ OF the Jurors
except those disclosed he luyestSit0a and eit the
case ia their hands.