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

doing.
Alter some argument the question was allowed
Q. What proportion Of eacn OF those bills was
true A. There were none entirely true.
q That Is not it, but what part Of each bill was
true-0f any OF them.
COUNSEL APPEARED GREATLY HYsTIFIED
at this answer, and took him on the other tack
Q. What proportion or percentage Of any one of
these bills was entirely untrue A. There was no
proportion OF any OF them entirely untrue. laugh
Counsel-Is that an answer, may it please Your
HenerP
Judge Davis-Yes, a very direct answer-no pro-
portion entirely true or false.
:, Counsel-we must try you as Mr. Field suggests.
represent corresponding bill. ~
Mr.. Peckham-What document are you read
counsel-If was as amiabe as you would tell
you. Iaugnter.) Well, it is exhibit go.
Mr.. Burril-It is exhibit 81.
Mr.. Peckham-One says 60 and another 81; will
Counse-How much Of that bill was trues
Garvey-I don't know.
q. Was $40? A. Yes, sir.
Q. Was $4,000? A. don't know; 1t would be
impossible for me to tell now.
Q. Then must go back and ask you my original
question, What proportion OF any OF those bills was
true
Judge-He has answered that question.
COUNSEL put 1t again, What proportion was
true or false 2
A. Let me explain
Q. No; now answer me directly.
Judge-He says he wants to explain. He has re-
piled to you already Go on.
Counsel--Then, II the question is excluded, Your
Honor Will please let have the benefit OF an ex.
ceptiOn. QLaughter.)
Judge DAVIS nodded assent, and the exception
was formally entered and duly recorded.
HOW THE ELLIS WERE MADE UP.
The witness testified that mis- bills were made
out, according to Mr.. Watson's direction, from
memOrandums sometimes the memorandum
were brought to him by Ingersol and sometimes
he took them down himself from Ingersoil; the
his warrant the day he put in his bill; he did not
look at the warrant to see II 1t correspondent with
the bill.
O. viii you undertake to say that you saw Mr..
Tweed's name on each of the bills you rendered?
A. No. but saw it on some.
Q. How many2 A. don't know.
O. What did you see? A. w. M. Tweed across
the face OF it,
@ How oten' a. can't say.
cate OF audit.
O. In how many instances9 A. don't remem-
O. Did you assume it to be his handwriting? A..
Yes, assumed it to be SUCH
q. And there was nothing specially to call you to
examine t2 A. That was
z. believe in the bills you rendered you put in
for certain number OF days. work, suppose,
which was due, and you enlarged the numbers A.
q. SO that there was always some portion of the
item really true A. There was sir
TAKING 1T FOR GRANTED.
@. When you were signing the certificate you
were obliged to sign, before receiving your war;
rant from Mr.. Watson, in the Supervisors Cham
Der, the bank or wherever else it was, did you
anime the bills particularly enough to be sure that
in p 9
it was all right; knew my writing; it is very Pc
culiar.
Q. But you did not examine the bills at all ? A. I
@. The items were truthful items, and the falsty
was in running out these items? A. That is pre-
Q. What amount was due to you when you COM
menced making out these blllsP A. That don't
Q. How much do you claim for work to be dsne9
A. can't tell that either.
Q. How much OF the $40 900 or $4,000 or $4,000
items was for work actually dones A. That can't
tell.
q. was there any compulsion. Mr.. Garvey, to
make you enter the item OF 200 in the $685. 600 to
cover election expenses2 A. Ne, sir.
O. Then you did that on your own hook A.
did, sir; was under great expense.
q. Why did you deposit the fourteen checks
which you say cover the sixtyhve per cent stopped
out OF your bills-why did you deposit them pay
rection
Q. Had you any personal motive Of your own for
Garvey stated in reply to further questions that
Ingersol told J. Garvey there was money in the
packet sent to Albany to Mr.. Tweed, ana which
1868 and 1869 In which he did not swear to and
verify the bills he rendered against the county.
O. Do you remember how many bills you rem
O. We're I eth there forty tii A. There were.
O. Were there as many as half dozen Of these
which you did not verify
Judge Davls-What is the object of ths9
Counsel-Ihat don't wish to state in presence Of
Judge Davis-I don't see the relevancy of this
Counsel-He says there were bills which he didn't
verify in 1867. Yesterday saw hall.dozen of his
given to understand there is not single bill which
he didn't verify that year, unless the signature Of
the notary is forgery. Question excluded.
Counsel producing bin Now, here is a bill OF
1867; do you recognize your signature to thats
DID TWEED SAY sOY
Judge Davs-What has that to do with it9
Counse-He swore that Mr. Tweed put on fifteen
per cent; he asked him what that as tor, and Mr..
take care Of YOUR bilisn Now We ofYer mere proof
that he swore the bills were true which he says
were false, and that, in other words, he was not
only thief, but q perjurer.
Judge Davis-The Court cannot sit here till
doomsday to try side issues. You want to go into
every case where ne made an afldavit and prove
that there was perjury in each case.
CouRsel-These are my facts; want to put in
my facts, and then can fire or what please.
Judge Davis (smng,-Yes, know you can
Qaughter)-nre OF blank cartridges. daughter
and applause for the JudiciaI joke.) III he com.
mitted perjury in swearing to that bl 1t is an in
dependent transaction, which cannot Sit to try
here.
The defence here offered to put in the bills for
1867 and 1868, and show that they were verified in
each case.
Mr. Burrill-He swears the bills were enlarged
fifteen per cent for Mr.. Tweed; offer the verified
bills to prove that there was no such arrangement
Mr.. FulIerton-He swears there was fifteen per
cent cent put on; we oner TO prove tharhe swore the
Judge Davis didn't see how 1t would serve the
uelence 10 prove tiat the Witness perJured himself
on another occasion
Counsel said His Honor was mistaken-the To-
caity OF the perjury was that Court-he swore
truly when putting in the bills.
Judge Davis SAID there was something in the
oner u they proposed to follow 1t up with proof
that the fifteen per cent was not put on.
WOODWARD AS NOTARY PUBLIC.
Counsel showed the witness number OF bills of
1867, with certificates, watch were signed az. A.
Woodward Notary Public" and some of them
signed Z: H. Tucker. Garvey identified the sigma
ture Of Woodward.
Mr.. Peckham (handing the bills back to wit
ness)-Look over them and tell me II you swore to
those bills Witness tossing them over)-No, sir;
never swore except to one OF them.
Mr.. Fullerton-New. whether sworn to or not
they are all signed 10y the witness AS correct, and
we offer them in evidence.
Judge Davis-l can't receive them.
Mr.. Fulerton-Then we propose to ask him
whether the fifteen per cent was added there.
Judge Davis-You can ask him as much as you
like about that.
eounsel-Now, Mr.. Garvey, here is one of your
bills verified by you January 10, 1868 Was fifteen