The New York herald., 1873-11-19
THE TWEED TRIAL.
Close of the Summing Up--The Judges
Charge.

ChnrSe.
The Tweed trial resumed nine O'Clock Yesterday
morning in the Oyer and Terminer Court The
SUMMING DEFENCE.
Counsel in his summing up handed in number of writ
ten objections to the various in Indictment
Particular stress laid the word 'aud' being
OF legal significance, the meaning of which cannot
be determined by averments in the Indictment The de-
fendant, counsel argued, could bound to find ont
the exact amount due a bill; otherwise, matter
how carefully he discharged the duty if it could be
proved that he failed to find out amount he
could be convicted Moreover clearly impossible
for such duty to be performed, and the defendant
not to follow the prescribed for the appropriate
officers and bound to accept the statements Wat
and Woodward The three defendants indicted were
lett by the act TO adopt their method OF auditing.
Mr. Tweed clearly could not rely upon Garveys affidavit
for the prosecution refused to call him in evidence, and
il must he presumed that he relied in good faith the
cooperation the codefendans The act constituting
the old Board OF Sup rvsors required that the accounts
after passing the Board be audited by County Auditor
Watson and approved BY the Comptroller. and by analogy
the defendant is righto follow the under
the new act. He had the audit of Watson and
the approval the Comptroller and than that
the Mayor, before he certified. With regard to the ale
cation that the defendants did audit they
did not meet Mr. Tweed could compel his colleagues
to meet II they refused neglected meet they could
be compelled. Counsel next handed in PROPOSE
tons setting up the idea that audit was term
of relative signhcation Mr.. Tweed Commissioner
of Public Works anu this Office required most of his
time The Legislature could not have meant TO impose
on him work which impossible II audit is to mean
what it is described to be the indictment. Exclusive
of duties devolvng him as Commissioner of Public
Works he could neither eat drink sleep in the "a
hours if he bound to audit the county claims the
sense of the Indictment
Counsel next read proposition that defendant had no
control the payment otherwise OF bills by Con-
molly. the certificates left his hands, and that he is
not answerable for any loss of vouchers and other
papers. unless it be proved they in his custody
when lost Condemn Mr.. Tweed the defective memory
perjured memory of witness Gentlemen shall
have word to say about those deposit tickets. We
charge that they suppressed TO accomplish his
damnation. They between the bank and the Grand
Jury Who lald hands them bat the officers of
the law. tell in these will be found damning
evidence against the bank showing there was colu
sion between Woodward and one on the inside of
the building in reference his drafts of which these
were the tickets, Speaking of the defendant
be ans r1 @ ,ss @
man from head to feet and irom.ieet 10 head man
q & By Si
who Se S & n1
he was too rotten and they could not pick him but
Judge sh: nc % lave sndS to attend
Counsel then went insist that the defendant was
ter ter until the eontrary j. clearly proved and reminded
and even Charles Conor were maisned and their ac
tons msconstrued Counsel reduced the case Tor the
ns n mss on Of the sa fe and OF the sst b that was
aa M he y was wer to Tweed
v,u;. Acs9ss sa IHi : FACE ;,t, OF THE hnarhNs
could not under their take in evidence They
e to sds a to % %
getting Keyser to sign warrant tace down To convict
antwho accused ofconrong the Legislature and the
nd n m oh Tho
roa ae a sfa aba a Pie that he he signed his
plainea how the plan sorked Woodward those act
through these araudalent p bills and Mr. Lynes who, as
examining the inside but presumed ali shS and
been understanding the defendants to plum
H e
sag to let M n &c e and see What thee
made S@ careu that 20n weeds name
that the tickets The Secretary the Grand
@ meus be h mr. Il If Sa has s ad ss on them
peat il said counsel charge mat that guilty instita
sh connlyance between their building and Woodward,
hch would AZ s seas Mr. Mr.
willing to swear the warrants were forged when he
s es ess Sa Bof
r aSf he
fms AZ R m O Cess on hi; pull
ward has ded, driven away BY twenty indie tments
GarSey to swear that his bills were manuiactured The
H' he
taa here @an n % sna pa
that pointing to paper with its face down and he
with its lace up ounsel referred to John Garvey
GnS De o Snd
Andy but, as he was informed, shadow looked
PEI aS 3 sna Ssay
a
ings recover rom him moneys they aege he the
the two weeks am e
m s % s
wSa a ua p S %e are q ali os 10 hs @
same passions and nnsna'on ask YOU you, to look on him
Would aesire to be dealt with Mercy is not strained but
l. as The gentle E, dew L falling on on The he howers douby
The Court then took a
SUMMING UP foR THE PROSECUTION.
ten! the damnaSle raals cSSmtsi BY entrusted
them No @ m what p party art in Or out S 4
ecd honor % to and York hst
they had & occasion to frame code oaws to meet
to the defendant e Wa at a. The MAXIMUM one years In.
a The old epaocs had NO
meet the crime Of parricde and in our own blessed
those OF Napoleon the Car conferred indi-
s Ssa' 70 here meet e anc
the defence spoke Of Charles oconor, whose ; ex;
whose efforts IN that drecuon viii endSar him more 20
the memory OF the American people than ne hau en-.
joycd Office President and he could hnd higher
Indictment for these frauds than criminal msdemeanor
Counsel went into the legal aspect OF the case and
argued of 1870 not repealed by the act
1873 He referred to and commented various de-
cisions malfcasan In ONCE and especially empha-
sized decision that every Office Is constituted not for
the sake Of the officer but tor the community and kex
Holland that where duty Is thrown upon commits
sion of two or more they jointly and individually IN
dicabe neglect Counsel argued that In the common
law III nominated 10 second Office, ncom patti
BILE with the first let him give way to another n the
language old writer's and then he will not be re-
sponsblc In q case OF comparative innocence judge
In Ireland recently decided that all In public trust must
priation Of the public funds BY negligense
ignorance they to be held responsible.
In 1870 the defendant was prominent senator from
this CITY, and by courtesy much Of local legislation Is
passed, Of which the jury had sad experience Then the
ing the ten heads departments Then comes the sweep
ing clause in section lAll liabilities previous 70 this
act shall be audited by the Mayor Comptroller and pres
ent President Of the Board Of supeyyisorsn &C. The