New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-19
count What !. the conclusion which fairnae1 ut

honest men sitting in the jury box should come tot
Il i ia true that this money passed to woodward
account and on the same day iarge portion was Tor
Won TO determine what the extent OF the neglect
Now that there might he an explanation ~
sence of that explanation what do you sayt But tns
case stood alone you might perhaps think some ii,
ke had occurred but when couple II with 19) cases
on the books OF the bank where over oooo went INTO
woodward's account about an equal amount 20 re
soil and when you find that these same days there 20
transfers from Woodward TO Tweed Of over 100000 ~
becomes very different question Tor you 10 cohsia0'
Keyser n Co presented, you remember, 10 accounts.
We have before 10 OF the accounts Now the pona @
which invite your attention is whether or not '.S e
gentlemen when they came to act as auditors ana tne
p these accounts and pass upon them as the law ne
Srri,ad Kevsers accounts OF this character. ne
saws he had claims running back four or nvee
years which had been presented to the B 5sac
ton '' by watson se took his accounts and
out these new DIS ,hat are s now Of
stating them as accounts which had accrued, he put Oh
false dates There Is On a, tne lace ~ sce
of them it that they we're accounts accrung
fore 1853 The accounts en men, aee1rg 70 ms ssT cbapsc
Ter as appears upon the face OF them very Just SUI
Of inside sepe f0T se any &
brought to you WITHOUT the persona Ian n
o1rS would be "whose bills these who did TINS
work Z" and when you saw on them 1--WE hereby certify
Wocdward as clerk and bill is audited thus for the
whole amount with nothing on its face ITO indicate III
W
natural Inquiry would be Where is the general bill g.
In one bill single claim is made for $1,000 for bills
rendered" In the bill Is another item, TO sun
driesU Now what are these items call your ateil-
on 10 these circumstances as bearing upon the question
nv law IN they not, then they will have been guilty
under the law OF omission or neglect of their duty
Ignorance Of the law. II Mr. Tweed participated in that
the charge is made out against him. - ,o
Keyser swears that IN addition TO the charges, no
added by the direction OF Watson S2t per cent to the
| entire sum. Now what became OF these amounts ~
nqstiO thar hpsa
acted fairly toward the people Every dollar OF INC
whole amount little more than 100000 was put INTO
Wood ward,s pocket Keyser ne never had any Oh
| r. ON the same day that the warrants were drawn
| they into Woodward's account and simultaneously
sum equal to "a per cent transferred 10 the ACCOUNT
AGAIN let us look for moment at the character Of
| Mr. Garyey'a accounts. These are among the lOst
vouchers and the Court held that the evidence was
sufficient TO show their contents Though unfortunately
have not the vouchers, We nave mere the "airAnN
witness states that he took from the several ac-
| connts the items so state for what they were
drawn Look at the warrants How did II happen that
Andrew j. Carney would put IN four OF hye oils con
about the same amount for labor and
materials, or plasterng and mason worE, on the new
county Courthouse or repairs on county buildings An
and Mr. Tweed one OF Them dd its duty In looking
into accounts TO see whether they we're rgh OF
| NOT or whether he simply neglected that duty Now
Won look at those various accounts OF Garvey
aGgregatng s77n9 r. In order to see what disposition
| the bank that out Of that amount sl17'6l5 81
t Tsfe same day at the same time, Mr. woodward
transferred sum equal to about per cent from his
have been fabricated sYou are to Judge whether
books OF that bank the deposit tickets and the checks
OF Andrew j. Garvey transferring these enormous sums
OF money fabricated at the time for the purpose OF
getting up evidence against You are 10 decide
how II bears upon the acts or that Board OF
Audit and as bearing upon the responsibility the de-
PENDANT Each stands on his own and there
any evidence against Mr. Tweed, 1t Is Of no import
you to the conclusion that Mr.. Tweed neglected
his duIy meeting with the others for the purpose
of auditing and signing certificates, than you
can convict npon the first Of those several
counts. II you find that he neglected
to ascertain OF those accounts, even II
the Board met If against the interests OF the
munity, then would be liable 10 cOnvlctoI on the
second and third these counts The under the
common law does not depend upon any statute when
1t established TO the satisfaction OF jury That an ON
clothed WITH particular duty mas Deel unity III
administering duty, disregardng pubic interests
then he liable indictment Tor that misconduct
THE JURY OUT.
The seventh juror asked II they might have Garveys
checks The Court asked II the defense consented and
| there was no answer, and his Honor described the
checks TO the jury Numerous requests to charge
then made by the defense, most Of which refused
| and exceptions taken.
The jury retired at o'clock the charged having lasted
| over three hours.
| Mr. Allen Assistant District-Attorney-will your
| Honor hear a motion
| Mr. Graham-We know the character OF the motion
about 70 be made by what know Of the person max
ing it, Let first take exceptions and then let me
get away before witness the sickenDg spectacle and
the cannibslism OF counsel 1ir Tweed will remain In
court.
Subsequently Mr. Allen stated that the motion he was
had been obviated by arrangement be
tween himself and counsel The jury returned at 10
O'Clock and asked for instructions to the fourth count
that for corrupt violation OF official duty, aud HIS
Honor read that portion of the Indictment, after which
| they went back TO their room.