New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-06-02
THE PROCEEDINGS IN COURT.

into open court before Judge DOnohue, in Supreme
Court Chambers -Four motions were made all OF the
same general purpOrt compel the plaintiffs 20 give the
defendant further information rs to the claims intended
10 .be made in this suit The complaint. which has
already been published in fun sets ont the creation OF
the Board Audit Of ST. its pretended audit OF clams
and list OF paid pretended 20 have been
pad on these pretended ADULTS, 20 a. j. Carvey kcySr
& Co.. James II. IngoTsO C. ID. Bollar. and others rms
Nat includes the IS warrants which Tweed was ried
and convicted and was used and printed repeatedly az
the time OF that trial In the letter OF 1wees couhsol
preceding these motions they asked th1 the Guy us
guh whit was their exact dehand and what items IN the
bills which the warrants vcro based were fraudulent
Mr. Peokham, Deputy Attorney General answered
that this could not bo done As the vouchers. except
ten I'D been stolen sueh particulars could be gwen
Mr. Tweed had as f knowledge. from his former trial
and ihe former suits OF the paDers to be nsen aS te
plaintiffs The defense thercupon moved Tor Dill OF
particulars and subsequently made three motions 10
make the complaint more definite and certain. THESE
motions have been adjourned along from time to time
until yesterday when Judge Lawrence, beng unable to
hear the case himself procured Judge DonOhues attend
ancc at Chambers
The motions were based on the complaint the CORE
spondenoe mentioned aud the evidence Of key SER gwen
on trial OF Tweed that his bills were raised onethrd
In reply Mr. Peckham presented. without reading the
adnyiis OF which the substance is given below Dudley
Field urged on behalf OF the motion that the general
charge that tho bills were false Fictitious, and fraudu
lent" sufficient. especially IN view OF TIE eyi-
tenee that some Of the bills were only OvorcharSed.
The defendants entitled 10 know which items were
false fraudulent fictitious. and in what particulars
they were go The plaintiffs must have evidence
as to the character OF the items. they should not
make these allegations II they had then they should
apprise the defendant OF the nature OF the charges In
recent decided by Judge Lawrence, brought by the
city against Tweed he had ruled and ordered bill OF
particular Tho general allegation that the city bad
some vague. The character OF that in
terest should be shown The complaint COnfOuDded two
charges-one neglect audit tho other fraudulent OBJ
tanning of moneys. Tney should be stated separately
IL set out ISL different warrants Each constituted
separate ground OF action aud should be separately
stated. The Code. while dispensing with proxi'y, re-
Qured much precision stating the causes OF action
rs before.
Mr. Peckham, reply argued that this complaint was
substantially the that which the defendant had
previously answered. On this motion nothing was
shown 10 win the favor OF the Court bill OF particu-
lars could no ordered by the Court bat in the dscc
ton OF the Court The facts which the ciiys interest
rested were stated the complaint No moro neces
sary pleading. IL not necessary 10 repeat 100
times the facts which made each warrant fraud. Such
repetition would have been objectionable The complaint
In this action that all the bills false fraudu
lent and fictitious. II made i'm putatcn OF negligence.
II charged conspiracy upon Tweed and others TO get
up act OF false and grOundless claims. procuring OF
certificates of audit without audit and the obtain
ing of money thfn from the city. TIC papers
lie now produced showed that when suRpiciOn was
aroused and the Havemeyer suit Was brgun, Tweed
directed the evidences of these claims and the accounts
OF his associates To be destroyed and nst then the pub
lie vouchers were destroyed The bills lad no relation
III any part any actual work done for the city and FOR
the def ndant he having destroyed tho means o. making
order bill OF particulars was in erect to ash II to stop
jade Donohue reserved his decision.
Toe papers submitted by Mr.. Pectham are ahi-
T. s th George W. smith Henry f Taintor Eugene @.
BaIrows' Andrew j. GarVey. John H. keyoer, JOhh
Mcbride Davidson, and Artolus 5. Cady aud si1 now
schedules.
JAMES II. NGERsOLI's AFFIDAVIT.
The following ia the affidavit of James IL. IngersOll.
After some biographical statements. be says
In the year 1867 it understood that persons who
supplied snch Offices and buildings would be required
allow the public officers percentages the amount Of
their bills for tho My father and his partner there
upon ceased from furnishing such supplies IL Orcirrod
10 me that might prOhtably DO and 10 that same
year called upon Tweed at the Street Department
the Of Broadway and PaIkpace. and told him
He asked whether Watson had spoken about 1t,
and answered In the negative he then said. "YOu had
best 20 over and talk to Woodward about IT," Accord
ingly the Supervisory Clerks Office. and at my
request Joseph b. Young there introduced mo to Wood
ward
then stated 10 Woodward that understood there
anew programme; that people WHO supplied public
Offices Of the city county must pay for IT, that sOmo
who had before furnished the supplies unwilling to
60 Oh in that way had thought might undertake IT,
aud that Tweed had referred mo 10 MN. WOODWARD
heard INC through, and spoke but little. He however,
told TO call next day. within day two aftcrward
met Woodward in the Office when he stated n me
that 1t all right, and added that must fix my bills
81 20 put up. as he expressed it, 30 cont" He
for Connolly. ass nted aud thcreupOn be handed
number OF orders for suppcs to public oces This
the beginning OF dealing In this way My rot receipt
Of warrant from the Fnance Department OF said city
on OF such dealings Jan. 20. 1863.
As this undertaking promised ~ give sufficient
ploymtnt, withdrew from my fathers concern, fur
hished small Office for myseif opened act of books
lftl Ills esg IIy
account After had complied with the lint set Of
orders thus given ne by woodward and before receiving
any money therefor, called upon tweed ii said street
Department, and had conversation with him
ing tho method Of making up my bills mentioned to
him that my fathers partner had declined doing this
Of business. and that could not their firm
"ingrrsoil 4 Co." ~ a firm that little difference will
NOT be note4d and the bills will 60 right along nsua
actions. made out my bls under the firm OF ingcrsol
mater explained had NO partner aud no one but my
self Was Interested In such business | never manufac-
turcd any thing myself for the public received the
ders bought the things or got them made paid for them
myself and charged to public with them aud through
out got payment OF all my bills in the general man
ner hereinafter more particularly explained.
think that never made any aIda, at as 10 the truth
OF ar u" r al f a loT nd Ic
stood from The aets and occasional speeches Of Iwced
directed by them or amy OF them. and that the
said CITY Corp5ration and said county Would Ie 81 ar
ranged that would lie well paid thereOut, and that from
the residue and like dealings with others furnishing
public work and supplies. te necessary expenses OF
managing the State Legislature and the Now York local
government with ample rewards for the managers VI
such local government. would be realized Tins "a
common talk, and supposed IL 10 6r understood bo-
tween myself and the persons above named. thai among
fle heads controlling lers In tIee respects
Peter Il. sweeny, Tweed, and Connolly All my opera
tons herein alluded to were on this under stansng
As understood during all that time and believe, the
following persons thus conducted the business Of fur
ishiHS and materials supplies To the said public
Offices ald buildings under arrangements between tbein
gcodwsrd sasstSntiay similar TO those on which con-
-lnoted my business herein mentioned; that Ia 10 say,
.udrew j. Garyey, John IA. Keyser, John McB. David
rn j. r. Barnard, J. T. Barnard sons D0nlel BcrIien.
~ j. BlaDcks sons, Alex. Brandon, James Cavanagh, NJ
DAVIS, East Chester Quarry Company Gregg other,
. rcgg Il Co. Archibald Hail. IT,, Charles III. Jacobns.
5ilson Rotary Lock Company, Morgan Jones. Bernard