The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-28

than 20 indulge in his favorte legal pastme oil no
| thrust, TO strike, 20 fent TO guard" with any All
| versary that would dare to "pHe MS
thumbp NJ him. There was considerable merriment
| In court-a change from grave to gay-"he"'
1 within q few minutes Of the hour OF recess mr.
Tilden repeated his ruse ofa previous day. Iakihe
| up fresh point OF departure on his statement oi
figures, Mr.. Peckham was putting question TO the
witness when the latter, turning again 10 the
| clock said "Iet rs have a recess here" Generai
| laughter followed, which was Kept up wheh mr.
| Field rising graveiy, asked, ITO what honi' MT.
| Tilden?n Seeing the joke and smiling MS oest
Tillen replied, 9TH hallpast one" Judge DAVIS,
| entering into the spirit OF the moment, added to
the good hnmor OF ALL and clinched the matter by
| saying $50 be II, gentlemen me Court VIII take
| a recess for half an hour"
After the recess the entente cOrdiale between the
| venerable witness and counsel was broken. In the
course OF his cr0ss-examination by Mr.. Field the
| ratc temper OF Mr. Tilden was aroused, and a ia.
Their unseemy tilt took place, which the Court
lnally took occasion to terminate by adjouming
the Court The scene referred to will be found in
ings
TESTIMONY FOR THE PROSECUTION CONTINUED
AT the opening OF tine Court of Oyer and Termner
yesterday, Judge Davis presiding, the eXamlna rion
was resumed. the first witness was W.,
t SAMUEL I. TILDEN, RECALLED.
the order %t oxnrew GaTvey a. to the AMOUNT Of
| s4SS69 So, and warrant 35O7, amounting to
sio,4al 70, and endorsed by ingersol \ CO.. -, A. l
| deposited by them on the same day.
ihnd on the same day debit 10 lngersoll n Co.
OF Sl27 ITO %; on the same day there is debit to
Woodward OF $40 35: on the same day there is
| o credit Tor that exact amount to Mr.. Tweeds &C
| count.
Warrant No. 3,7s3 is for S42 pa 90, q Keyser war
rant, which appears. directly In Woodwards ac-
count; there Is n debit that day to WOOdwards ac-
count OF s26,5s9 es which amount appears as a
credit on Mr.. Tweed's account.
o75 os appcarng to his credit he is debited
that day with SAT, 744 60, which appears on Wood
wards account; On the same DAY Ingersolis ac-
as a credit to Woodward; the same day there is
debit to woodw ards account OF s17,s7s So, which
amount appears in Mr.. Tweeds account as q credit.
Garvey warrant No S,793 appears as deposit IN
1ngersoils account Tor s6e us 81 there are other
debted with sI21.47l 81, which sum appears as
credit in Woodward's account; Woodward Is
debi;ed with $45 l46 81, sum which appears on
that date credited to Mr.. Tweed.
Warrant sol is Garvey warrant endorsed %, to
keyser warrant endorsed to the same firm for
s536C5 o. They both appear in ngersoll Coz; rs
6hs i .e Tnt DAY pS ana ana oS are
amounts appearing in Mr.. Woodward's account on
the credit side, Mr.. Woodward's account of that
day shows debts for $51, 9S7 &c and S4Gl3 TO- sums
which appear as credits on Mr. Tweed's account.
Examination OF the witness was here suspended.
| A. E. SMITH RECALLED
Mr.. Smith, entry clerk of the Broadway Bank,
was re examined as to the meaning OF entries on
|
he could tell whether check their bank was
paid on check over the counter by the paying
teller. or a check received from customer OF the
bank by the receiving teller as deposit presume
bly, for some other customers account
already named, and declared them to be checks Of
Woodward deposited with the receiving teller
without any equivalent items paid by the paying
teller; he also testified that he examined the de-
post tickets with Mr.. Tlden.
TO Mr.. Field-He did not receive the deposit
tickets himself, but his assistant handed them to
him; he did not know but what deposit tickets
were forged before they came to him; he saw the
checks, but did not know the signatures to them;
that was the teller's business; no complaint was
ever made to him OF forgery.
Mr.. TILDEN RESUMES THE STAND.
Mr.. Tilden having again taken the stand, his di.
rect examination was continued.
BY Mr.. Peckham-You received series OF ques-
tons upon which you were notified you would be
lnterrogated here A. Yes, got series OF ques-
Q. Are you prepared to answer thema A. There
was one item which escaped my attention; !
them; can answer the most OF them.
Mr. Peckham-What was the sum total OF Mr..
Tweeds deposits in the broadway Bank from the
9th Of May TO the lst OF September, 1870 inclusive
Mr.. Field objected, that this was calling Tor the
contents OF improved papers.
The COurt-He can answer the question and you
, can cross-examlne afterwards.
Mr.. Fied-This is asking for the knowledge Of
Court has not yet admitted secondary testimony
to the deposit tickets.
The COurt-That has been ruled on long since.
The question was admitted.
Mr.. 1ilden-The question is too complicated to
!
MIR. Peckhan,-I will put the question as sug
gested by counsel on the other side:-Q What is
Broadway Bank from the 5th OF Nav to the LIST OF
September A. There is some difficulty in answer
ing the question without explaining the sources of
information because did not receive these de-
pOsts myself.
O. Is that footing up taken from the ledger in the
bank I A. can only state that the primary source
OF my Information were the deposit tickets then
the results were compared with the ledger and
sundry papers; after received the list OF ques-
tons ana alter looking through my papers found
from handwriting in pencil marks evidence OF tho
deposits made 10y Tweed for that year, and which
/ have in Court; / have separated that Dor-
ton which relates to the period from May
@ent BY careful with the S deposit
tickets; made two copies OF it; one IN my own
/ handwriting; the other is in the handwriting OF
, my secretary; this paper was entirely written by
myself, and is original, and from this paper made
up the statement Mr.. Peckham requires; the re-
suit was made up by addng-that is TO say, each
deposit was added and compared with the addi-
tions to see that there was the same aggregate
containing all the items, and the entry in the
ledger contained the same aggregate; alter had
, examined the ledger myself, with the statement of
the contents OF the deposit tickets, had 1t care
fully revised by Messrs. Smith and Rhodes and
took perfect transcript OF the items from this
statement and the contents OF the deposit tickets,
and the memorandum in the ledger, made up
this paper l mold In my hand, and OF which Mr..
Peckham has q copy.
Mr. Peckham tmpatiently) We'll, state what it
Is. A. 1t makes the aggregate of Mr.. Tweed's de.
posts between May and September sl,2S5453 80.
and no mistake about the computation; of this the
$685., s5S 30.
Mr.. Burrill-These are not the figures that are
mentioned IN the indictment. want this TO be
borne in mind.
The Court-Thls amount is made up O. Tweed's
credits as provedY A. Yes.
Mr.. Burrlll-Aot only that, but OF figures not
proved.
Tie Court-Every one OF MI. Tweed's deposits and
credits, as between Tweed and Ingersoll, has been
proved.
, witness-Thls amount embraces the whole.
: After tumble Of unintelgible words and sound
OF igures between Mr.. Peckham and the witness,
.nht hio .tt,ta
' mode OF question and answer. Let the witness
! listen to question and then answer. We cannot
| understand word
: witness (quicklyl-Certainy. But have a right
! to state how made up these amounts
Mr.. Fieu-I don't object 1 IN do md ~