, 1873-01-31

mare intention crime n ordes TO TO
Spaaios' %santon must 'ss alHays 'a'i b followed
| by action, but it, when the timo comes for ths
performance OF that duty, he neglecth and re-
| fuses to perform it; that then the resolution
may bo, in connection With the act, strong sud
conclusive evidence Of the commission Of crime.
| Now it is claimed that the subsequent action ot
the Board Vas without any formal meeting; and
that the signatures weEe put to certifl-
Gates as subsequently, presented to them It
evidence that those oficers we're guilty Of neg
| lcct to audit This question Of neglect is
wholly Independent Of the evidence Of Garvoy
or any other witness, or Of tho mode Of making
np the liabilities: or Of the question whether the
liabilities Tere false or not. II the Board did
not subsequently, meet and signed the certia-
Gates a. claimed by the prosecution separately,
without the joint action required By 1ar:, it is
your duty to convict the defendant. Il the
Board neg1igontly signed tho certificates without
DO guilty Of negligence under the statute. Tho
people insist that no such examination was
made. Upon that question comes all the eyi-
donce Of fraud in tho accounts themselves and
Of the alleged participation OF the vszions par
tics, greater or less, in the proceeds Of this
audit, because that evidence tends to
show what they did vna intentional With
. bad motive aud to accomplish bad
deed. II tho Board OF any member entered in-
to hs the in
amount, or by which false spurious claim should
be paAsed BY the Board in which ho ahal1 ulti
matoly. participate, that is neglect OF duty, not
only willingly but ea1ing Tith it ST stnin nor
th3a that Of simply noglocting to meet
and perform the duty. AS to the
Davidson claim for eafes, the Judge said it was
for $16.9 $40, and ne had ! warrant issued under
1t for 349,170. Davidson swears he never knew
Of the alteration; That he indorsed q warrant OF
which he WAS not allowed to see the face, and
obtained check fo- SIG, $40. It is not neces-
sary to know who made the alteration, as the
E.4 question before Us is m 1o* ha %ho did
guilty Of negligence n asce1taining tho truo
character OF the claim, and whether defendant
il thus guilty. Davidson swears he never ap-
peared before the Board; never swore to or fur
nished any evidence Of the correctness Of his
one swollen to s4e ITO, which w.a deposited
by Woodward in his account, OF which certain
sum WAS transferred to the debit Of Woodward,
and q per cent to that OF tho defendant. II
this transsstion stood enteEely alone as
more easily justified in entertaining doubt,
than in tho presence OF dfty-fve transactions
all reaching the same ultimate result. Tho
Judge submitted that Tweed was guilty OF vii
full neglect in passing Davidaon's claim. Key
man could otherwise consider them. Old and
new bills we're mingled, and An sddi
ton made. One Was bill
for 916, ,050, and had across it: "We certify the
within bill to be correct. William III. Tweed.
E. A. Woodward, Clerk" This and various other
accounts we're made out in favor Of no one, aud
vero examined in detail. Keyser testifes, and
zee no reason to doubt it, that his name upon
these warrants is forgery. There ia = tabular
statement here which shows that every dollar
Of Keyber's sixteen accounts went to Woodwarda
credit, while on tho same day the tickets show
transfer from Wooduard'a to Tweed's account.
In conclusion, the Judge alluded to the im-
portance Of the case. which is also to be con-
sidered in the light of ita effect upon the de-
stain that would be left upon his character by d
conviction. On tho other hand, tie jul5 should
consider the effect as IN example to the COM
munity.
committee has been appointed to raise q
fund to commemorate the virtues Of the late
Horace Greeley by q statue and monument in
Greenwood. Comptroller Green, Of this city,
Treasurer, in an address to the people Of the
United states says they ara at work in
earnest, and with q sure prospect OF
success. They mako an .ssppeal to
the enterprise is in no sense partisan. The
Committed say I'll who believe, with us, that
Greeley's great effort in behalf Of freedom, of
economy, and progress, haye !
not been without benefcent results, are cor
daily invited to share in this tribute to |
his memory. II is not doubted that |
Every editor in the country will be will !
ing to forward the work, either by editorial !
endorsement or by receiving and forwarding !
such sums as may DO raised il his locality. l. |!
volume will be kept containing the |
names and residences Of every contributor, to !
ba deposited With the Historical Eocie.y upon |
tho completion OF the work.