New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-11-19
THE PROCEEDINGS.
MR.. GRAHAM's ADDRESS.


sought TO combat He also handed in number OF
written objections the various counts in the indict
lnent. Particular stress was laid upon the word
- audit" a. being Of legal significance, the
meaning of which could not be determined by
verments in the Indictment. The counsel moved for
direction Of seGuta the ground that the ACT OF 1871
lad been absolutely repealed by the act of lsS Those
who had contriyed that charter finding they had been
TOO quick in their repeating clauses, devised new act
ard rushed through bill excepting all rights ana
punisbments accrued under old statutes.
Mr. Peckham-Yes; the saving clause was passed by
ahe Governor April 49, and the charter April 80 1878
Mr. Graham--The question is whether the Legislature
could on the 10Th declare law passed on the So'h 10
law They either have restrained posterior law
or er post faotO have declared law alreedy passed
void This was the dilemma pcsterior act abrogsteo
a prior one, and that was an inhexible one
Mr. Graham then moved TO quash certain counts, hrst,
nm grounds relating 10 the first three Of each set OF
counts secondly grounds relating To the second ana
ahrd of each set OF counts Jas inconsistent Again all
ahe counts bad IN so far as they sought 70 enlarge
the meaning of the word audit" If that word had no
Rettled meaning at law then Tweed must be acquitted
Turning to the Jurors after having stated his under
standing OF the law TO the Judge, Mr. Graham SAID
he had deep interest in the case. He had known
Tweed In his sunshine. He believed he would emerge
from his head his heel The suspicious around hIn
were not proved. Then Andrews j. Garyey reputation
and Character were handled by the counsel without
mercy, although this was outside OF the case,
and he was hkeued to putnd tum nor
made one Jury Sick and they were afraid might make
another They did not dare IN short 70 plex MN Hp,
ounsel then went back TO his client, drawing com
oarson between Garvey and the defendant whose repu
1aton had suffered just that of George Washington
Gen jackson. &c. had suffered when they vent lnt9
pEo am g seeuTy for any money the county could
claim from him. The Broadway Bank was respohisloe
Tor the forged warrants paid by them. This whining
about the tax payers iwas nonsense The county
@as secure this was only question OF ume s.,.o =
repetition OF his former effort. The remainder Of his
address taken up with review, seathing as Mr.
sutioS' John Garvey was denounced as man worthy
of no credit at al yet he was the only man Th VINO
deposit tickets, counsel charged, had |. beer been
Impressed 70 accomplish %oSafS anna sSe
flank or some In IT, in reference TO his drafts OF
which these were the tickets In conclusion tne eSu a
circumstances; That defendants name was on te face
al te bill that the certificate OF audit and tnat
when Woodward was making deposits credlt wa, was
Riven to Tweed from deposits by woodward The Jury
we're convict on suspicion Though II were written
across the face OF the heavens William NJ Tweed -
gUy the jury could not. under their osths take that
MR.. TREMAIN's ADDRESS.
At the conclusion Of Mr. Graham's address short re-
cess was taken and Mr. Tremain, after the Court reas
sembed began mis- summing mp for the prosecution. In
bs first sentences Mr.. Treman narrated briefly the his
RORY Of the frauds describing their nature and extent
arguing that the act of 1870 was not repealed
nv the act OF 1873. He referred ~ and
commented upon various decisions on mslfeasance IN
office emphasizing especially the decision that every
office Is constituted not for the sake OF the officer but OF
xhe community" and the decision ia Rex against Hol-
Hand that where duty is thrown upon commission Of
two or mere they are jointly and individually ndict-
able for neglect. In the common law, If a man be
nominated 20 a second oce Incompatible with the FIRST
"let him give way 70 another" 10 the language
of the old writers, and then be will not be re-
sponsible IL recently decided in case in
IRELAND that all in public trust must know their duty
and 90 IT, and they permit transportation OF the
ubc funds by negligence or ignorance they are to be
held responsible. The counsel said that the Commission
of Audit had no more power commit their duties to
watson, then clerk, than TO the town pump Tweed
Gates. and the indicted defendants certified on the
printed form that they had duly audited and
Sounsei when he proclaimed Tweed's greatness aud
goodness judged ike most OF the profession OF the size
baughterl Here followed sharp piece Of sarcasm at
Mr. Granams expense when MT GTansm returned
zhe proofs that there was only one meeting OF the Board
watson and he argued that there any other meet
ing II could have been easily proved They meant 10
Tweed and that the meaning of the authorization
of the acollection Of amounts due, being the
Se sSsaS down vi before the signature of the
BOSS" These certificates were false and fraudulent
schemes were concocted, and who came down and be
Same the Of the pivot from which the deadly
,pissile was SHOT who signed his name across the bills
who wished the evidence Of his guilt away, who stood
with big poeketboofat the Broadway Bank to re-
M Tweed whose signature was Endorsed IN advance at
the first and only meeting ever held OF TINS commission
the press called him, received his "a per cent at the
Bank Al.
Oh the Courthouse, expressing wonder at Iweeds
ignorance OF the legaity Of the items which he must
srd 10 the conclusion OF the prosecution not 10 cal
Gayey, he had only one thing 70 say They had aound
Guton had faith in Garyeys word, yet they were
that no excuse vs1S Ss ~
and mcOnuadicted evidence. when their case
mae sea PfSV of the deendant Who Was h@sef
nected with these frauds Copelands testimony for the
efepse received scathing comment and ne was plainly
nhsrged with being all orange from which all the Juice
had been squeezed having taken his eggs TO the BEST
market and cold them for the highest price In conclu
sion Mr. Tremsin took up separately the counsel for
she Defense placed sthem, hguratvey speaking upon
she where all could look them and then disposed OF
their good qualities and bad In way That created the
utmost merrnent and uneasiness On the part OF
the lawyers alluded to-
JUDGE DAWES CHARGE.
After M Treuain had concluded ht long address, "A
reouests 70 charge submitted 70 tho Court Then
reoess was taken, and about in the evening Judge
DAVIS began his charge which wat in the main as fol-
lows;
Most gladly, he began, If it were consistent with my
sense OF the duty which owe 70 the high once winch
conferred upon aud TO the law and TO JUS
ttce would refrain from saying word 10 you on this
case 1 would gladly hand over the case upon the
srguments Of counsel and upon the evidence, simply
saying, il, and do what you think just and right
Bot cannot myself TO believe that that would
DE q proper discharge OF my duty do not agree
with those who think that Judge performs
bis duty when he simply states the naked propositions
of law 70 the jury, and refrsins altogether from
laying before them what he Deems to be the questions
involved the points Of facts upon which they 10
pass and the proper and established modes Of applying
the evidence 70 the Of those facts and
,d which Judge Of long experience can render TO