National Republican., 1875-07-23

GOOD his promise, and 1t looks as II his
success will be complete. He has Just
taken an important step in that direction.
The one thing which embarrasses him now Is
the civil suit for 80, 900 900, and he and his
lawye RS are working patiently and confidently
to remove that obstacle to his entire enlarge
ment. A preliminary proceeding has resulted
favorably to them, Judge Donohue has Or
dered that the plaintiffs amend their complaint
by stating specifically "what right or interest
the mayor, aldermen and commonality set
up or pretend to-" To be sure, 1t is notorious
that these millions were taken from the city
treasury, but Tweed must be formally advised
whether the people really want to get the
money back and are actually concerned In the
matter at all. Judge Donohue has ordered,
further, that the plaintiffs shall elect whether
they sue for "neglect to audit the claims
against the city," or for "fraud, conspiracy,
or combination on the part of the said Tweed
and Watson" It is true that the money was
taken, and that Tweed has it; but how did he
get iii Was it transferred from the treasury
to his pocket by means of fraudulent claims
fraudulently audited, or by fraudulent claims
not audited at all / To the ordinary mind 1t
makes very little difference which way the
money was taken, but 1t makes a great deal
of difference to Tweed fand his lawyers,
who are defending the suit, not on its merits,
but by technicalities. Suppose that the plaintiffs
elect to sue for neglect to audit. The defend
ant will insist that they ought to have sued for
conspiracy, and will carry that point to the
court of last resort. Suppose that the plaintiffs
elect to sue for conspiracy. The defendant
will insist that they ought to have sued for
neglect to audit, and will go up to Albany
with that question. Either way the purpose
of the technical defense will be served. Judge
Donohus has ordered further that the plaintiffs
furnish the defendant bill of particulars of
Al
Tweed should say: 81 know all about it-how
much was taken, and when and how; but
want to see If you know" There is strong
favor of burlesque in this. Introduced In a
judicial proceeding Of opera boufe, 1t could not
fail to provoke loud laughter. 1t is q varia-
tion of the venerable joke of the Irishman who,
asked by the judge whether he was guilty or
not guilty of the charge against him, replied:
'How the divil can tell till 1 have heard the
evidencef
We do not say that this order is not accord
ing to law, or that Judge Donohue could have
refused to make It. But we do say that It is as
unfortunate as 1t is remarkable that all the
technicalities of the proceedings against Tweed
favor him, and none of them favor the people
whom he has robbed; that In this civil suit,
for instance, the defendant takes all the ben
eft Of mistake as to the mere form of the
claim, while the plaintiffs are not allowed to
correct an irregularity so as to adjust the form
to the substantial facts; that the plaintiffs are
compelled 10 disclose what evidence they have,
or are put out OF court If they do not know,
in advance Of the trial, Just what their evi-
dence will be, while the defendant, although
possessed of all the facts, Is not obliged to
reveal anything. We say It Is unfortunate that
all the technical points OF the suit are against
the party wronged and in favor Of the wrong
doer. We hope there is less ground than now
appears for fearing that this misfortune will
result in q complete failure Of justice.