New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-14
THE TWEED CASE.
MR.. PECKHAMs OPENING ADDRESS.
MYSTERIOUS COMMUNICATIONS AND CONsULTA


the time devoted to the tweed trial yesterday in delv
erng his opening address, the main points Of which are
given below When Mr.. Peckham spoke Of the amount
of money which Garyey did not receive, upon his own
bills some astounded nearer whstled. calling forth
indignant protest from Mr. Graham. Upon the eOnolu
sion of the opening address, the Court adjourned until
this morning, when the first witness will be called.
Immediately upon the opening Of the court, District
Attorney Phelps made the following statement:
Since the last adjournment of this court and indeed
recently as to deprive OF opportunity OF consult
ing with the gentlemen associated with me IN this case
certain communications have been received Oy me- uhoer
such circumstances 10 render IL exceedingly Import
ant that some further time should be granted 80 my
of the communications which have received may seri-
Ously affect the conduct OF this prosecution and the
stage proceed at all And desire. therefore. with the
leave of the Court that hours time be Granted TO
cause.
An adjournment consequently ordered for an
hour During the time that the counsel for the prosecu
ton were celebrating, rumor was circulated that the
mysterious communications In regard the eleventh
Juror, Henry NJ Williams. who had admitted having an
acquaintance with Tweed, and that they would either
abandon the case or challenge peremptory the juror
the ground that he was member Of the Amercus Club
At the expiration Of the hour upon the opening OF the
Court Judge Davis inquired If the counsel were ready
to 20 On Br Peckham answered in the affirmative, and
proceeded to address the jury.
MR.. PECKHAM's ADDRESS.
Mr.. Peckham stated that the people within
the area the City and County Of New-York were the
plaintiffs who charge wronS doing against the DEFEND
ant. Prior 1851 there was substantially one CITY Cor
poration though there was Board OF Supervisors. In
1857 there was a charter adopted, which remained in
force until 1870 when there another passed. out OF
the proceedings under which arose the dchtles before
them. The Charter Of 1857 created two governments,
and there was Board of Supervisors which became an
elective board The rate OF taxation year Oy year. went
on Increasing so that starting with tax levy OF
NOOO0OOO, arrive in 1870 at one OF over sOO)OJ0
by of the sale of securities and for special pur
poses such the building of the new courthouse.
In 1868 law passed which, altogether aside from
nroin claims mat had been put i'm TO be audited and
adjusted by the Controller. IN 1870 the tax levy had
been increased enormously and these additional laws
provided such further sums that there arose IN the
hubble mind o degree OF anxiety on that SUBJECT ana
charges generally INDUCED in with regard to the
authorities of the city and courts under "hom these
arose a contest between the parties in authority
pressing 5e YSuns pamoaracy o who opposed The
defendant, a prominent member OF the OLD Board OF
Snperyisors was also a Senator at Albany II became
OF the utmost Importance that the charter should be
passed and there was large amount OF money eX-
pended TO carry IL through the expenditure raised
here and placed hands of the defendant and the
of money placed ID his hands, ana winch ne eX
pended were fterward put into the claims before this
very Board of Audit; were not audited in the proper
of the terms but we're certified 10 ana PAD ny ha
The Old Board Of Audit was abolished by the charter
OF 1870 and the vast power OF the city Government was
placed the hands of the Familiarity known as the
"0uartetp The Mayor was elected, and that all,
and appointed the Otner heads OF Departments who con
sttuted the quartet. The old Board WIS TO exist until
July 1lS70 They had power audit all liabilities against
the county There at the time no Liabilities except
trhng ones and there earthly reason why they
should not be audited until July, 1870 they had moth
ing else 10 attend 10 but the adrS Oh te cy But Jhe
Jury would perceive that il claims brought before
large Board where many have finger III the pie,
there would be considerable expense attending tue ope
atiOns by concentrating the power Ia Jle has OF
few, only they would have 10 pass upon the claims
On April 20, 1870 was passed he fourth section OF INC
County Tax Levy, providing that all naDlles against
the county incurred prior 70 the passage OF the act dur
ing the time when they should have been inquired INTO
by the old Board, and audited by the Mayor Controer
and the then PRECEDENT the Board OF Supervisors, the
defendant and the amount found due should nave Deen
provided Tor by tue issue OF revenue bonds, Ihus tlo
power which 0evolved on the old Supefysors-a quasi
Judicial bndy-was taken away, and they hadinotnS 10
do but fold their hands until july 1870 ana theh theH
duties devOlyed on these men.
so active they that May 1870 they met and
adopted a resolution motion OF the Mayor THAT tue
County Auditor collect from the appropriate committees
of the Board OF Supervisors all bills and Liabilities in
CURED prior 10 April 1870 ana the amounts dug thereon
and the evidence Of the same shan DC inc authorization
by the said Board appropriate committee on certh
OF the clerk President and thereupon the County
Auditor shall annex the appropriate Oahks Tor signature
AUDIT AGAIN DEFINED.
Counsel here proceeded TO explain the meaning OF the
word audit" as perfectly PLAIN and never TO be mis-
understood He quoted passage from play to show
the use Of tho word. Counsel went on to argue that
there should DO Investigation and conclusion ar
ne quoted from the dictionaries and from decision OF
Chiefs Brady IN tine civil suit against the defend
iufion not to do their duty. and that the
evidence OF liability being audited should
be the defendants Signature Here was imposed on the
Board Of Audit duty regards the public 10 that
every claim they certified to really due 10 the best
their Judgment. They stood in the relation OF trus-
tees 10 the people Counsel would now tell what they
did and struck him that more dsgraceiul case
never told OF men so trusted By whole community.
In pursuance of the resolutions referred certain
bills, as it were, came before those men on May aud
items of claims Is sent in This would be certified by
clerk President Of the Supervisors. Mr.. Tweed
the Board OF Audit supporting to have been certified 10
and recommended by defendant as Chairman of the
were correct" tine authorization OF the TO be the
certificate OF the same by the Clerk or President Of the
Board Of Audit" The meaning OF this was that they
claims certified to as incurred prior to the passage
OF the act
now FALSE CLAIMS WERE AUDITED.
at first they went through the form OF auditing: ave
have examined this bill aud found it correct signed by
WIN. NJ Tweed, as Chairman, and L. A. Woodward, as
clerk. After few weeks, embOdened by impunity,
they went through form at ALL They did take the
trouble Of certifying to the bills; the mere Pse Dirt Of
The defendant certified as If the proper examination
had been made. TAe bills then passed into the hands OF
the County Auditor and then the interest computed by
the Auditor himself, was added Then blank was
found correct" aud signed James Watson, County
Auditor" II meant that the bill had been properly
yisors. IL was all he could do under the resolution
As matter Of law, 1t was the duty OF
this Board OF Auditors 10 meet and
investigate every claim and the moment they passed
over The time that they should meet and EXAMINE they
we're guilty Of neglgenee 81 their duty Independently
OF The question 0fCOIfuptiOd Nc ~ nnd a. record OF
these men meeting once There d record OF certain
things done and OF the paid on The order OF
these men That is all we ind They had NO clerk they
had record There is evidence OF any other meet
ing. There is evidence that the bills properly
audited. The bills, Endorsed across the face
by >tn6 defendant, sent around 10 the
different members OF the Auditing Board, their only
certificate being his signature. For instance 1912
thus paid away the signature OF Mr. Tweed,
ana he respOnsD bic Tor every collar OF It, All the
claims which thus audited were In the OF
fnru md OF in ~