New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-18
THE COURTS.
A SURPRISE IN THE TWEED CASE.

GARyEY-MR. GRAHAM TAKEN ARACK-AkGo"fsN'
UPON SEVERAL TECHNICAL PoNTs-TEsTlaoNf
FOR TIB DKBENsE.
There was q great surprise in store yesier-
the Tweed party in the trial IN the Court OF Oyer
and Terminer a surprise which aroused the indignation
and apparent irritation usual with people VINO nave
been the victims OF satasem, this would donotoSs
be called.
The day began with tho oross-examnatlon OF 'ohn
Garyey, which was continued from Saturday eVenN'
and was n repe ion In its features OF MS ca
pereuce on the stand at the last trial. He idenneu
certain letters written to him by Tweed In 1872 atel ~
brother left the city, inviting him to come and see num-
and promising the interview would be pleasant
one He admitted that Tweed was wiring tnose
letters to him ne pressing claim for money ag'
Tweed by power OF attorney from Andrew GafVoy' IL
was MT prepared to his lawyers had not Inen %
"a summons and complaint lie had two or tnioo
interviews with the defendant after his Drotnei
went away. No negotiations carried on by nun
with the city authorities He certainly accomPan'u
person TO Charles OConors house and they had long
conversation there The witness let out plecemea INC
history of the manner which his brother ransieo"
property TO Mrs. Garvey This was amuhnep la,
rated lie said that Andy gave him deed Ior III i
houses and lands. for the consideration OF $40 anu ~
same day he transferred IL all 10 Mrs Garyey' in
were also mortgages for $4,000 Mr.. Fullerton asheu
il they were all included in the $40 "Not at all Oh,
was the reply. II got them cheapeT-all for 81
[Laughter.l mn.
O. You transferred them to his wife, did youi A. me
very same day, believe.
O. Specify the property A. First there were l6 houses
in Twenty-third-st heavily mortgaged
@ did MT ask you about the mortgages ~ tnouen'
you told specify. lLaughter.l
@. What were they worthi A. When Hank Sni'h
O. asked you what they were WORTH A. Eight iots
at 81 800 a lot. -,,
O. Have you read your testimony since the last trlai
A. 1 read it in a newspaper last week nave io'S VI
papers at home VERY nonchalantyl.
In reply Mr.. Peokham. the witness said his bro'her
told him he was threatened with assassination Ia I"eeoS
Office. He threatened with assassination an" per
secuton by the emssaries OF the Ring" and was III
great danger and had TO go away.
Mr.. Smith, who was bookkeeper In tho BROADWAY
Bank In $780, recalled and examined In reference ~
The warrants. after which John Keyser OF NO: id5
Second-ave, the plumber identified ten bus when US
made out for work done for the city, ana when NC
told 10 collect and present lie was Dld III
bur. he remembered the dates were averaged INV
they had TO be so as TO be covered by Tue nc" sea
Audit statutes All the work since 1865 was ci9Tuen
into those bills When he IL stated that no lu uSe1
paid several bills which ne knew lie had not ne e;eu ~
the Controllers Office and looked at the hs anu -"
that they were fOrgcries. He received any pay
ment for those bills, and the receipts we're iortees
Thirtythrce and one-third pcr cent was addea 20 hs
DELAY Of the County Clerk il paying. II ne goI III
would Mt cover his losses No interest was added ne
of Audit 10 represent HIM Watson and Woodward had
often collected for uim honest ana legitimate 1is IA
Supervisors without anv yorIheation.
Mr. Graham protested against the introduction OF test
uoy which would prove The defendant % have c0nspcd
to commit forgery and SHARE the plumber Now saide'
there "a not single va ucle oi e,luenc. 20 ,o
defendant with guilty kuOwledgr O iuiged W'fihs
OF receipts and it unfair 90 have these statements
made ia the presence OF the jury. -. 49,, -,
Mr. Tremain replied thai they made no charges OF
forgery but simply put TINS In as part Oh the history vi
question to Mr. Keyser whether il he paid the
money, he would have objected 10 Watsons signing his
name for hlm, was ruled out.
that several bills aud cert heates OF andt I"tcLs
signature was IN purple ink, while on the same certl-
Gates signatures Hall and Connolly were IN DiaeA
ink - -
Hero a recess wac TAKEN and after all had gathered
again the little surprise already limited at, came out.
1t was less than the announcement by Afr. Treman
that the prosecution rested their Up Jumped Sir.
Graham with an ejaculation sharpened by irritation
some other equally effective cause a" What without
calling Andrew j. Garvey ~
Eyes" replied Mr.. Treman, with provoking GOODNESS,
we think we have made out our case without HIM"
"But Mr. Peckham foreshadowed Garyey testimony
in his opening :" and here Mr. Graham, tuning to the
Court pictured the Inconvenience which tins sudden
and correspOndingly Unfair move on the part OF the
prosecution had Occasioned them, He himself WAS
hardly able TO into court that morning. He had
been unable sleep much oaccount OF his Interest in
day on his stunning up.
He had proceeded thus far when Judge Davis mildly
inquired what he was driving at. though in different
words. Mr.. Graham said they wanted some time to
consider. They had motions to make ard Mr. Bart
lett who 10 one OF themw now absent pre-
parug himself. They had expected Garyey would be
put on the stand.
Judge Dayis-You can call Carney yourself
Mr.. Peckham-Yes, why don't you, if you want to
question hini
"Garvey! call Garvey =" almost shouted Mr..
Graham. with an expression OF mingled impatience,
indignation, and contempt, al would as soon call
Luciior hmself!"
"well," said Mr.. Tremnin philosophicay, you have
your choice." Immense laughter1
"a would as soon," resumed Mr. Graham not whit
less agitated than before have tho smallpox around
as Garvcyi" tGreat aughterl
However Mr. Bartlett, ST. sent for, as were lot
OF aw-bo0ks by the counsel who to argue the mo
tons. The officers began 10 come In one by one,
eacn with an arinf formidable volumes yellow and
faded and When the table had been pretty
well cred and the small allowance OF room all0
red 10 Mr. Graham had been encroache1 upon, lbs
seemed To notice them for the first tune, and with look
Of petulance fs az the array upon MS bleand then az
the officer who had brought tie last batch, he called
tute yeti' emo Sir, replied the officer hesatngly.
being needed they are odions to the sight and want
them removed. The idea OF bringing all this artillery
here If wanted 10 ierrfy the Court and counsel
and jury, ridiculous and have patience with it
number Of tpe obnoKions books were then removed
after Nj Graham la picked ont what he wanted. Mr.
prepared with the motion he To make,
bat send tor another book. officer
then present the last having retired with prgcipta
Judge Davis remarked drily that lie guessed they
desired 10 rest the The prosecution. This
caused laugh. and good huInor appeared TO be re
stored. I...
Tnc sudden close OF the evidence for the prosecution
great snrplIse TO the spectators the de-
Tense, and Whispered comments were uIreserte cry
given. one or the most frequent that the prOSecu
ton remembered tie experience OF Garvey at the last
tlal, when Ms crosse Aamlnauon, which brougnt OUT
admissions 20 his character, was thought by
many 10 have been tile cause OF the greement on
the part Of the jury. In this aspect tine conclusion NJ
regarded wise one. and effect OF IL tho dc
fendanfs counsel Is easily explained
MOTIONS FOR ACQUiTTAI ARGrrp