New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-14
THE COURTS.
TWEED'S TRIAL BEGUN.
THE JURY swoRN-MR. PEcKHAM's OPENING AID

Under WAY the twelve jurors being In the box and the
opening address delivered. There some rather
lively incidents during the day. and the trial gives
promise of being more interesting than the first
six jurors set aside in rapid succession lot ha'"k
very decided opinions Henry T. Johnson. being asked
~ his opinion was founded any personal knoWleuE'
said he was well aware that tho taxes had gone w
amazingly during the Tweed rule. and no expian,''O.
IL was given. James Taylor OF No. 90 Bowery' 49, o-
that he was acquainted with the defendant anu ", !,
cused Mathew Kane. jr, OF NO. $40 W. decided
being asked II the opinion ne had iorineu W. roct -
ono answered enphateally, " Yes. Sir; nrn as
| Iorn Calvin lloyd had formed unfaVoraoo my IA
s,ons in regard to Tweed, Connon,' 80, nov in
sveeny but he thought they wouIu no A. Jdenca !,
,erfere with his impartialy consideiins -. 90 nj.
49, AZ, Tr.main said the candid answers vi tn''
'liS oaoo have commended themselves 10 every I'M
80, mind especiaIly after the exhibitions they hau
haa ., men swearing themselves of. Judge DAVIS sau
ar Juror was in every respect quained he couiu hot
,on tonpg with the counsel In commencing the NON
atv of man who did not seek to eyade pubic duty py
uniting impressions from newspaper reading as
an obstacle to the impartial weighing OF evidence IN
coprt The Juror deserved more credit from the fact
which he had disclosed to the Court of loss injury aud
danger TO him by his absence from business The juror
was excused.
The panel being exhausted, the Court about to
adjourn, when Mr. Tremain reluctantly. as he said,
called the attention OF the Judge to report OF the tria
a
tended create prejudice against the prosecution
He thought that this surprising, from the fact that
one Of the counsel for the defense supposed to in
huence the newspaper and yet it was the only one
which had made comments. Judge Davis, after reading
the article said that there nothing In 1t that caeh
for any remarks. Mt Bartlett stated emphatcay tha'
| be had no knowledge of the report IN question
new panel OF so jurors was called AFTER recess Oh
whom 80 answered to their names All JURORS n,9o
be fIHed $3.50 each unless they can give sa
| Jasacll,
simon Davidson Of No. 236 East Eighteenthst, Ieau
TIN TRIBUNE reports and formed an opinion ABOUT te
! prisoner, guilt Usually he could give verdict soiey
on the evidence this he wond try 70 90 ~
In reply to Mr. Clinton. the witness most pinion he
declared that he did not desire to change any horI
had formed; but II the evidence Id nor ,' convict.
The witness was found competent, subject 20
by the defense, and was sent TO te box a. No ~ Deyt
| was found competent . .,o,, c.,a sell
Mr. Root submitted that this gondtlema,as case zen
| within the ruling OF his Honor on tHe ui'' ""''
Judge-If So was wrong ta en hut we submitted TO
Rfer further elimination the witness was found in
competent William Sloan Of the carpet hrn Oh '" q ~
Sloan found competent, ana sworn as 'ho '"eu'n
JUNE mR. PEcKHAM's REMARKS
Mr. Wheeler H. Peckham delivered the address for the
peope. After speaking Of tho grave nature of the
oense he said it was one involving than the guilt
or Innocence OF one man; it involved question as to
the organization of government. whether men can Dc
placed in official positions who VIII carry OUT the
jury whether when toe evidence was an ~ cer
tain things which conceded to exist could exist CON
sstently with the innocence OF the accused and Wheher
the man who stood before them on that charge o. ms
demeancr fulfilled the duties imposed upon MN or
until few years ago, almost exclusively by what is
called the City, IN cOntradstinotOn to the
cS@ai this are the boundaries Of the city
and county Identical In 1857 the laws we're changed
and larger power given 10 the County Government
Tue Supervisors, IN the enlarged powers gwen the Two
governments, made the auditors OF large number
600 i'm few years and bonds issued IN addition for
adjusted claims upon another class OF claims mnder
of supervisors matter of history, and out OF that
reputation and scandal that at their refusal to
stature in 1870 the party known the Young DomO'.
racy. Then II as would be proved that tue nLst
steps were taken by the defendant 70 carry out DIS
iItuds. a eHitLad over nv The defendSnt taking
away the power OF auditing from the SUPERVISORS,
and giving all power TO the Mayor, tue CONTROLLER the
Commissioners of Parks and the defendant, VINO was
them snch power required them to- pass upon OF aaat
bnt willfnly omitted do they guilty Of MIS-
demeanor aud the indictment was proved so far. Inc
omission need not be corrupt; 1t was enough t were
Intentional The refusal OF Justice to receive an aft
dayt he was bound TO receive was case III point anu
that Justice was prosecuted for wu omission Of duy
So far the crime of intentional neglect or official
duty which he Is presumptiyely held to have knowledge
Of when ho assumed office.
Jury what the defendant did Watson, Clerk OF the
Auditors, Woodruff, Deputy County Clerk ana InsersO
proceeded organize plan for defrauding the county
under cover Of this law The scheme was that these
persons should make out claims for all they imagined
they had done IN the past or might or could DO m the
as Just honest aud far bills before any action had been
taken them by the Board OF Audit and these were
presented and passed at the first and only meeting ever
held by this Board. At that meeting theyfosoyed on
motion OF the Mayor, that the county Auditor an
officer clerk in the Controllers ONCE, whose duty
when papers came from me supervisors or DINER
auditing tribunal TO audit that bill on the vouchers
1cP Of portion of his aSos that The bin so pre-
sentcd was IN proper form and showed that It mad been
| audited by the proper tribunal
In reference to q remark here made by counsel Mr..
Graham said That remark will not excuse you from
| putting that resolution in evidence"
| Mr.. Peckham said the interruption was not made in
good faith, the prosecution fully intended put in
from the appropriate Committees of the Board OF Super
yisors all bills and liabilities against the county In
Cured prior TO April &c. 1870 and the amounts due
thereon and that the evidence Of the be the
horizaton of the same by said Board or appropriate
that the Clerk the blanks tor signature aud
not in before the aa showed Sc
ant as President, though he knew, It had
and was taken around and signed by others whose
signatures were required; ana tae usual warrant %as
bill for work done TO the County Courthouse SIG OOO"
does not indicate TO whom 1t Is due aud y signed as
scribed number OF the bills with which the public
so familiar and asked the jury whether these had
performed the duty they undertook as agents for the
lie next enumerated the proofs that the defendant
had received portions OF the raised by these bogus
bills One bill drawn 10y Davidson for SIC 900. and
he got It. the warrant for $4,000 where did the
difference gol Taking the Garyey nils counsel said
efforts would be made by the defense divert them
from the TO the question to what point In the
scale of honor or ds6oner should be occupied 10y An
drew Garvey. At the outset counsel conceded all that
could said against who admits that at the out
set of,hs career he partner in crime with VIM NJ.
Tweed, and that witness needed cOrrObOraton.
But it could be said for him that be
desired make some reparation 20 society.
Garyoy's caimsiwere divided, and O portion would be
traced the credit OF Woodward and portion the
dpfe drawn
Beside this t3Si 900 were paid 10 the NewYOr Printing
Company eleven warrants, and Of this the defendant
got $4,000 The total Sc 100000 drawn by In
gersOl, Garyey and Woodward ami this over mil
lion is traced TO- the defendant Nlirty-three per