The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-22

put by the defence and answered by the witness
Garvey took his place on that awful witness stand
with look OF quiet resignation and the only
danger seems TO be that he will become 50 accus
health may suffer unless 1t Ia presented to him at
the close OF the trial. In that case IL would be pre-
s served probably IN the Garvey family as an heir
loom, and quarter or century hence he might
say lor sing, II he has good voice.,
love It, Ilove II, and who shall dare
10 chide me Tor loving that old arm chair
or course no one would attempt to 'chide" him fol
u; but ne has endured any amount of Gliding IN
tnat chair In the three consecutive days he has sat
IN IL, and, as he will occupy 1t again tomorrow,
goodness knows what livelier rec0llections or the
seat may yet be In store for him. The cr0sS-eX
animation was as folOws:-
z. Have you ever received from the county war
rants in the name OF Philippe Donnarumma, paya
sbe 10 his order; also warrants payable to man
named eastman, and others payable to an indvid.
their names and drawn and appropriated the moneys
A. The name oil Donnarumma Is not endorsed on
the warrants; never endorsed his name.
The Court suggested that 1t would be better, per-
haps to question him as to each OF the alleged en-
dorsements singly.
Q. Have you ever received similar warrants In
the name OF a Mr. eastman A. Yes, sir but
eastman Is an imaginary man; there is no such
person as that MI. eastman; know Of no person
At this stage OF the examination the counsel for
the prosecution entered and took their seats. Mr..
Peckham appeared quite WELL and was nibblfng q
toothpick, which gave good presumptive idea Of
how he had been enjoying himself during the re:
health and appeared to be suffering from acute
pain, which he afterwards stated to be lumbago.
.. Did you have man named eastman In your
O. What was his manner A. Cornelius eastman
O. Exhibiting to witness some papersl Are these
the warrants you understood me to refer to as en-
dorsed by FillippO DOnnarumma? A. Yes, sir.
q. What Is the name OF the payee in these war
rantsY A. Fillippo Donnarumma.
Q. Is there such person. A. Yes, sir he Is an
ornamental painter, and lives in Third avenue he
was formerly my foreman; received these war;
rants from the county, but did not cause his name
to be inserted In them as payee; accepted them
with Donnarumma's name in after had had con-
versatlon with Mr.. Watson about 1t.
Counsel for defence-Never mind watson, now,
because he is not here. He Is in heaven, or some
other place; at least he is a dead man. Mr.. Garvey
who endorsed that warrant, "Phiiip F. hummer ~
name, but wrote my own name under 1t also.
The witness was then shown warrant f0r
S24, 7s2, dated september J, 1869, in which R. j.
tnued THAT Is a fictitious name Also
Q. DO you know Mr.: Hennessey at all A. am
sorry to say that do; his name is J. II. Hennessey
not R. J. Hennessey; don't know this Hennessey
at all.
@. Is there any difference between them, except
this reversal OF ntialsS A. do not know this X.
j. Hennessey at all; you may think that this Is the
only difference II you want to-
q. another warrant shown.) Look at this war
rant, of the same date and to the same payee, for
$780, 95 So; was the name in that when you re.
ceived 1t? A. Yes, sir; endorsed both OF them X.
j. Hennessey and wrote my own name under those
endorsements; endorsed them to deposit them
in my bank.
Warrants of the following description were also
exhibited to witness One dated October %, 1869,
for $3S, 704 I. q. eastman as payee and endOrser
one October H. 1863. same payee Tor $40 1856 0s one,
October 49, 1862 Tor $751; 4l3 to j. G. Penchard one,
October go 1869, same payee for $34, 5s4 &c. Witness
testified that the only eastman he knew was Cor
neus eastman, and the only Penchard of his ac-
quaintance was George J. mot J. G.) Penchard.
witness signed the names OF the payees named in
the warrant and wrote his own name under EACH
Q. Mr.. Garvey, you received from the bank the
ton OF them A. Yes; but it was very small
proportion.
bases OF all these warrants and on which the war
rants purport to have been issued ? objected to
by the prosecution.
Counsel for the defence claimed the right to
show the entire transaction OF the witness and his
motive in using the fictitious names, or rather
names OF persons whose names he thought
tions in any way he pleased, and that
he meant tile warrants to receive char
acer from their names, and that the slight varia-
ton IRON the real names was intended as prOtec-
ton to himself in case ut any time they should
disavow his right to use their names; also that the
endorsement Of these warrants py him was for
gerry, and also to show that instead OF the witness
being cOerced into this system OF peculatlon, as he
alleged In order to obtain the money actually due
him, he was engaged independently in pecuiating
by these devices for his own benefit.
Mr.. Treman said that the only object the prose-
cutOn had In this objection was for fear that, in
the event OF their not now interpOsing an objection
counsel on the other side might at later stage
up the same line of proof If the defence would
agree to make no objection to the whole history Of
this transaction IN reference to these war
rants being adduced, and to the prose-
cution showing that Mr.. Tweed had re-
ceivcd twenty-lOur per cent of the amount Of
these very claims, then he would withdraw the
objection which the prosecution mad interposed.
The indictment did not embrace these claims and
the whole subject was collateral one and not in
volved in the present case. The testimony showed
that as early as 1867, when Tweed was a supcrvi-
sor. he regularly participated in these bills for If
teen per cent oil their Mce increasing regularly from
that time until the "ante," as they called it,
amounted 10 sxty-ve per cent These bills all went
through the Board OF supervisors and were
subject to the tribute that was levied by Mr.,
Tweed, and twentyiOur per cent went to Mr..
Tweed's private account. Unless the gentlemen
on the other side would consent to open the doors
to admit the whole history oil the transaction he
would insist on the objection; but II they yielded
he would withdraw 1t.
Counsel for the defence said-We consent to
nothing Qaughter)-for 1t would be novel to fol-
low any such course in criminal case unless 1t be
authorized. Counsel addressed the Court for some
Judge Davis announced his decision to the effect
that the subject matter here sought to be intro
duced was purely collateral; that he would allow
questions to be asked as to whether the witness
presented accounts, obtained warrants, received
money upon them and so FORTH but II IL was done
ne would allow the witness to give his full expana-
ton OF the transaction, so to eXonerate himself
from any imputed wrong If he could so eXonerate
himself.
THE DEFENCE BACKED DOWN
on the proposed ventilation and excepted to the
ruling of the Court ''in the broadcast manner''-
Qaughter)-so as to cover every question.
The Court ordered the whole OF the testimony
taken from the recess up to this time to be stricken
QUIT. e. all testimony relating to the Donna
rumma, Cashman Hennessey and Penchard war
rants.
O. BY the defence-In reference to this receipt
for S60,0U0 as TO which you claim to have told us
the circumstances, did Mr.. Tweed simply take q
piece OF paper out of the drawer when YOU handed
him the receipt Is That all he did. simply take q
piece of paper and ask you 10 put your name on itP
A. He took 1t out of the drawer and turned II face
downward--I never saw the face OF 1t.
O. How do you know which was the face of itp
How do you know but that the side turned down
might be.
O. You assumed that there was something differ
ent on the face OF the paper from the backY A. |
did from the expression Tweed made use Of He
said, endorse that" and when | endorsed IL ne
put 1t back In the drawer; never saw Mr. Tweed
use a check book; whenever / endorsed checks for
him he had them loose; think receipted the bin
presented, but am not certain about 1t.