The sun., 1873-11-18

that that act did not create any offence at all.
Mr.. w. o. Bartlett-Not new offence, but a
Judge Davis-1he Court of Appeals has ruled
mat the chapter does not apply 10 other frauds
! auctions The effect Of the statute is that mock
| auctions and the frauds described in the act
may n"te ,n 1s i1rce oi the 9rt become feoncs and
m mon law Indictment for fraud Of that kind
This IL n question that In my Judgment docs
not arse IN this case. There is no such charge
as as fraud or cheat here. On tho contrary, the i-
uictment alleges that certain persons, naming
them, clothed with official power being such
public omccrs and auditors. wckcdly contrivine
aud intending to pervert said power. knowing V,
"ihuIly' anu corruptb did certify, &c.
MIR. BARrLETT's POINT.
MT w. o. Bartlett NV point is that that docs
constitute fraud at common law. Your Honor
so held on the former trial when YOU spoke Of
the ohehces CHARGED as gross frauds.
Judge laws characterized the acts as gross
obtained money or merchandise. The charge
plainly Is that he misbehaved himself in oficr
Ia, 20 nor th,nk either Of the points well taken,
Mr. Grahaln-A specific exception to euch and
every every ground Of the decision and to the over
iMi!hE thc motions scverally argued by Messrs
Elihu Root and W, .. Bartlett
Judge Davis-what nextY
Mr.. Grahsm-We will have no formal openino
we want no two hours and y quarter.
WILLIAM s. COPELAND,
the man who got 5000 from the Legislature for
supplying hgures to the IGncs, was called. IL
Introduced in evidcuce never had any vouchers
as basis, and that Mr.. Tweed never signed anv
vouchers ~ their basis also that no such vouch-
crs were In the Comp'rollcrs ofiice when the
witness left In March, 1871.
copeland testified that he was In the habit ~
GIVING vouchers 10 Garvcv lngprsoll. and others
wren thev called for them. and they would take
lh'u INTO Natspns onirc Frequently when
the vouchers were returned the certificate of
alult was gone, ana the papers were loose. Gar
N"y Ntuchers averaged an inch thick. lnLcr-
soils and Mer's we're about a. thi~k as Oar
NeN.+ sometimes pngcs VI Garvey : and Iurer-
sul'- bills were missing.
Mr. l'ucS often m ide out warrants from the
u"oAs oi the vouchers. ana often made out war
ktlscr ald GMNcy and others. were In Tho
room. HAD often seen kcN-cr looking over
lAhtS wh'n masking up his accounts, aud hud
seen kcl-cr luoNtur at the County Auditors
hOok. IT, must have seen the amount Of war
rants drdWu to his order.
Ia Mr. Icc>hlm These accounts looked To
M IKE frauds a. the time from their size and
from What knew hid been supplied to the
tihicd 90 hc furnished than there were windows
ia thc buildin..
Nu. TwFFp's uAt,NCFs
Arthur L. Smith testified that Mr. Tweed's
TAI ~. as during me Iolrd of Audit Icriod
varied frum SiNWu t. SiuuI1.
his ended tive use Tor the defence.
L. mes was called tu rcuat 4 .tuclHrd. and tr-i!
htd that az never drew warrant unless hc hAl
a voucher before him.
Nj. leckh .in o.. X the stand and testified boz
rr'' rd g." an rhIa,it uide ty ". = Cu.t..ttti
about two Nt Us ago. which did not seem tn
a-rrt With t". cltnd' > statement uu the .tand
hT. rem o.t d Mr.. Gr..n ,u IL he intended
to put IA Mayor Han message.
'ir IlthUu NuNpr Hal B.. the last man |
w"ui chl l would not believe "a word IL
fne Court adi.urucd until nine O'Clock th.
m1rniu.t ana ine case Will probably ~ to the
Jury TINS evening