The New York herald., 1875-11-30
THE RING SUITS.

THE RING SUITS.
Mr.. Wheeler H. Peckham representing the Attorney
General in the suits pending against the members o.
the New York Ring. gave notice yesterday to Messrs
Field and Deyo, representing Tweed and Messrs.
McKeon and smyth, representing swceny, that the
9th OF December next. in Supreme Court Chambers a
motion would be made for order directing struck
jury to be empancled in the two suits against Tweed
and the suit against Sweony. The motion in the first
or six million suit against Tweed is to be made an
affidavit OF Mr.. Peckham, served yesterday with the
notice OF notion as well other papers in the
Mr. Pcckham's affidavit is as follows:-
city and County Of Nev York, ss.-whceler II.
Peckham being duly sworn says he is assistant counsel
for the plaintiff the above entitled action the
taner OF the Attorney General; that the defendant
Tweed has, for the last ten or fteen years been very
prominent politician in the city Of New York,
and up to the time OF the commencement
of the public prosecutions hereinafter referred to
popularity reputed 10 be person OF very exceeding
great wealth. that up to the fall Of the year 1871 said
Tweed occupied very leading and controlling posi-
of New York known as the Tammany Society or Tam
many Hall; that during the summer and fall of 1871,
immense frauds upon the treasury of the city and
county OF New York were made public, and that II be-
came apparent that such frauds perpetrated
ing the time when said Tweed held public Office,
and that very many OF the bills through the presenta-
tion and payment OF which said frauds had been
complshed had been approved or certified audited
by said Tweed that prior TO the election OF 1871 the
tincates OF audit OF the Board formed by section
OF the County Tax Levy of 1870,
TO the defendant Tweed shown in the schedule at
tachcd to the afidavits which the order OF
made herein, was made public, and notwithstand-
ing its publicity and that 1t not in any way de-
ponent's knowledge denied the said Tweed elected
10 the State Senate where however he claimed
his seat that thereafter said Tweed indicted for
msdemeanors In respect to the neglect to audit and
corrupty giving certificates of audit as to some fifty
five of the same bills the complaint herein referred
to; that trial said indictment was had in January
rial daDnn arta
sci for the prosecution, and very long time
pied in empanelling jury; that the large majority OF
the jury ultimately empanelled were from n very in
feror class OF citizens, without responsibility OF
position character the community that very little
information could be obtained about them beforehand
The jury rendered verdict and discharged be-
cause they could not agree. The same indictment
again tried November, 1873 In order 10 obtain
proper information to the jurors then to be empan
clled dcponcnt had and did first obtain full list OF
all the whose had been put in the Jury
box for the year and Of those whose had
been drawn and who had been discharged, to
know all the persons from whom the jury in the
would be selected. Deponent was then obliged TO and
did employ largo number OF persons 10 obtain full in
formation as 70 each and every one OF said and
TO report the same in writing 10 deponent. Over 900
biographies were then made and reported to de-
ponent Notwithstanding all the care and attention
that could be bestowed II was suspected after the
jury partly empanelled, that an improper person
had been accepted, and the matter beng investi-
gated in open court the indications that improper
approaches had boen made TO the and acqucsced
in by him were strong that the Court rejected the
Juror and ordered another to be summoned in his
place; that, in dcponent's opinion the only way TO
secure fair and impartial trial IN this case without
the enormous labor and expense OF obtaining the
biographies OF all the jurors whose names may be
the jury box is to have special jury, composed OF
men whose high social position and well known per-
sonal character will be sufficient guarantee that right
and justice will be secured Aside from the difficulty
OF otherwise securing fair and impartial trial, in
deponenps opinion, struck jury Is required by
the importance and intrcacy of the The
defendant Tweed for many years a politician
great prominence and power and probably second
n0n N lerislation he ac.
on OF various executive Offices State and local. The
trial Of this action will involve the official action OF the
defendant Tweed, not only auditor stated in the
complaint but also State Senator and the character
OF the used TO effect the legislation OF 1870 af
fecting the city OF New York While the evidence may
partly consist Of the testimony OF coconspiraors IL will
to very great extent consist of documentary evi-
dence such bank books, checks deposit tickets the
Identification by bookkeeping and accounting experts
and by the correlation OF entries in different OF
books Of the moneys wrongully taken with the
finally received by the defendant Tweed-evidence that
can only properly be understood and appreciated by
persons accustomed 20 large moneyed transactions and
TO the banking and Clearing House system in the city
sworn, &c, WHEELER H. PEcKHAM.
The notice or argument is as follows:-
Take notice that upon AFFIDAVIT, OF which the
foregoing Is copy, and upon the pleadings and upon
the aidavits used by the plaintiff TO oppose the
tons Of the defendant Tweed Tor bill Of particulars,
and for other purposes which said aIidavits now
nle, and copies Of which have heretofore been
served you and all the papers and proceedings
in this and sucn other papers may hereafter
be served on you, herein will move this Court at
a Special Term thereof, TO be held in the County
Court House, in the City nel IN tho city and county
OF New York the 9th day OF December 1875 at tho
opening Of the court that day soon thereafter
as counsel can be heard, for rule order that a
special Jury be struck for the trial OF this cause for
such other or further relief as may be just in the
premises. DANIEL PRATT, Attorney General.
To Messrs. FIELD Il DEYo, Defendants Attorneys
In the second or million suit against Tweed the
motion be made in addition TO the existing papers
In the and tho foregoing affidavit, on another
affidavit made by Mr.. Peckham, as follows:-
City and County Of Ne,c Fork, s&-Wheeler II.
Pcckham Of said city being duly sworn says, that he is
OF counsel for the plaintiffs in the above entitled action
that in dcponents opinion fair and impartial trial
cannot had in this action without struck jury, and
the Importance and intricacy OF the cause require
such iury that for several years prior 10 1871 the
government OF the city and county OF New York was
popuiarly supposed TO be manly influenced and con-
b. sweeny and one Richard b. Connolly.
In 1871 gigantic frauds were discovered by means
Sna a"n,, hs hsa Sccn deuded Of many mon
of dollars Participation in these frauds In the receipt
OF the moneys obtained by them was at once alleged
against the defendant, Tweed and also against said
Sweeny and Connolly. Tho two latter have departed
from the United States This action Is one Of series
Of suits brought TO recover said stolen millions and
proper IN action apply to all. Dcponcnt further
says that the statements in deponcnts affidavit en-
titled IN another action between those same parties,
and known No. copy OF which is hereto annexed,
are true TO deponents knowledge, Information and
belief
sworn, &c, WHEELER II. PECKHAM.
Tho motion in The sut against swceny is noticed to
be made not only on tho two preceding afidavits and
all the papers and plcadings the case but also upon
the following additional aindavts by Mr.. Peckham:--
CITY and County Of Nev York ss-whceler II. Peck
ham, Of said city being dly sworn says that he is Of
counsel Tor plaintiff In this action the retainer OF
the Attorney General and has had charge OF the same
from It's commencement; that the character OF tho
action ~ disclosed In the padings and also in two Ger.
ain nfldayitS In f~sn
by these plaintiffs against tn, defendants City Cor
poraton and Wm N. Tweed copies Of which afldavits
hereto annexed, and The statements wherein are
true dcponcns best knowledge information and be.
lief Dcponcnt further says this action is brought for
the two causes OF actbn upon which the said two
actions against said Tweed Is brought that tho same
considerations which make struck jury essential TO
the administration OF justice In SAID two other actions
apply TO this In deponenfs opinion fair and impair.
ta trial cannot be had without struck jury and the
Importance and intrcacy of the require such
jury. ............ -.