The New York herald., 1875-12-10
AsTRUCK JURY TO TRY TIE CASE
Progress Of the Great Railroad
Bond Forgeries Suit.
The Laws Of the United States Regard
ing Succession.


cover SO 600 o00 the charge OF being coconspira-
tor with William NJ. Tweed in the "Ring" frauds, and
IN which action the complaint is the same against
Tweed application was made, the same In the Tweed
suits for a struck jury The case came up for argu-
ment yesterday before Judge Davis Supreme Court,
Chambers, Mr.. sweeny being represented by Messrs
John McKeon and William A. Beach, and The prose-
cution by Wheeler H. Pcckham.
on the case beng called Mr. Peckham rose and said
that the papers the as in the Tweed case,
and that his argument the motion would be the
as in the Tweed motion on the previous day.
Mr.. McKeon then read the following affidavit, which
explains itsclf:-
Cfty and County Of Nely York ss:-John j. Bradley,
of said city, being duly sworn says that he has been
acquainted with Peter b. Sweeny, the defendant In
the action for over twenty years in the city Of New
YORK: that in the wear 1858 said defendant Sweeny
was appointed by Robert j. Dillon, then Corporation
Counsel, Public Administrator Of said city; that the
defendant, Peter b. Sweeny, was, during the year
1857 elected District Attorney or the city and county OF
Now York which Office he resigned in November, 1858;
that said Peter B. Sweeny was, in the year
1860, appointed by an act OF the Legisa-
ture OF the Quarantine Commissioners to
settle claims for damages; that his fellow
Commissioners were by said act Ward Hunt Of Utica;
Elias w. Leavenworth and other persons) designated
by the County Judge OF Richmond county that after
ward, in the year 1867 he was appointed Chamberlain
IN the city of New York by the then Mayor OF said
city, and during the year 1870 said Sweeny was
appointed one Of the Commissioners Of Public Parks
and held the Office with Andrew II. Green, the
present Comptroller of the city Of New York, and
Henry Hilton, late Of the Judges Of the Court OF
Common Pleas; that said Sweeny never was member
of the Assembly Senate Of the State Of the Board
of Aldermen Assistant Aldermen, or Board of
Supervisors OF the county OF New York or the Board
Of Audit under Of the Legislature Of 1870, and
THAT said Peter B. Sweeny is not now in any official
postoni and deponent further says that the said
Sweeny was the first Chamberlain OF this city who
paid into the public treasury any Of the interest ac
cruing out Of the deposits Of the public moneys in the
said county Of New York, and that the amount paid
by the said Sweeny during his tenure Of office as
that said interest had always been re-
tanned by his predecessors in Office; that
deponent further says that while the said Sweeny
held the Office OF District Attorney he also paid over or
accounted for all moneys received by him on perfected
recognizances, and that charge of official miscon
duct in any Office made against said Sweeny;
and deponent further says that the trial of this action
cannot involve in any manner the official action OF
OF sald Sweeny IN any office held by said Sweeny; and
deponent further says that the same considerations
which would make struck jury proper in the action
OF the People vs. William NJ. Tweed, do not in depo
nent's opinion apply to this action against the said
Sweeny. Sworn, &C., JOHN j. BRADLEY.
Having finished reading the affidavit, Mr.. McKeon
stated that he objected 70 County Clerk drawing tho
struck jury the ground that he not Indifferent
Cases examined by him turned somewhat upon the off,
ca character OF tho parties applying for the struck
jury He wished to show that nothing OF that kind ap
pied to Mr. swecny, and for that he had pre-
sencd the affidavit. From what he heard stated by
Ills Honor on the previous day he inferred His Honor
would not consider that sufficient. He took II for
granted that His Honor would decide against them and
therefore the only question TO selecting the per-
sons to draw struck jury.
Mr. Peckham said lie accepted as true the statement
with reference TO tho County Clerk not being dsin-
terested. He was wiling that elisors should be ap
pointed.
Judge Davis-Do you know the elisors appointed In
Mr. McKcon-I do not, but wish TO have different
persons appointed ia this hope that my asso-
cate aud myself viii be permitted to appoint one Of
them and Mr. Peckham the other They ought to be
who are thoroughly conEersant with city matters
and city people.
Mr. Beach, do not wish the Court to understand us
as consenting tc struck jury, but as resisting it,
Judge Davis-I understand you as obJectlng with
Mr. Beach-we make the objection, but had no hopo
of being successful before Your Honor alter your de-
Judge Days-I do not think that Il follows that my
decision the Tweed case should be the Same in this
case but at the time the resistance is so feeble
that cannot overcome II.
The above ended all that said In the court II Is
understood that the order providing for struck jury
will be entered tomorrow in which the names OF the
clisors will be made known.
THE RAILROAD BOND FORGERIES.
The suit of the New York Guaranty and Indemnity
Company TO recover from Andrew L. Roberts and a
number Of his associates $50 900 alleged to havo
been loaned forged bonds of the Buffalo and Erie
Railway Company, is stll on trial in the Superior
Courtand will probably occupy a week moro.before
pcared on the trial Of other against the de-
fendants, that the suit out OF seven of
similar character growing out OF the forgery and Issue
here and in England in 1872 Of forged bonds OF the
Buffalo and Erie Company and the New York Central
Railroad and Union Telegraph companies About
year since another suit was tried against the same
parties and Judgment rendered in favor of the Ma
tional Trust Company, the claim being for abodt the
amount as in the present case. AS Oh the trla
in the other suit the plaintiffs in this case arc
represented by Mr. AlgcrHon ). Sullivan senior
counsel, assisted by Mr.. William Writ Hewott and
Messrs Arnold and Elliot and the defendants by quite
array Of counsel, including Messrs. Beach and
Brown and ex-Recorder James M Smith. The est
mony in the must necessarily be, TO very great
extent repetition Of that produced on the former
trial. and then reported in the HERALD, but the i'm
porance of the case the interest taken In II by bankers
the large amount OF the forgores out of which has
grown and the persistence with which the various
guilty parties have been followed up until Judgment
was secured against them necessarily attract public at
tention 10 this, well the suit which preceded It,
Numerous business men, therefore, and others en-
gagged IN large monetary operations in attendance
the trial. and await the result u matter of decI
concern TO the banking interests or this city.
THE LAWS OF SUCCESSION.