The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-06-02
NEW YORK HERALD WEDNESDAY JUNE -QUADRUPIE

LeRens, Arthur L. smith, George W. smith, Henry
\. Talntor and Eugene c. Barrows. Davidson.
who furnished safes, says tnat ne never verified
or proved any bill, claim or account, or
was requested TO do so; that he never appeared
in person, or by any agent or representative,
before ANY Board OF Supervisors or OF AUDIT or
any pubic officers or oficer in relation To any
bill or account OF his mentioned referred to IN
this statement, or knew OF any meeting or action
OF any sucn board or officers 10 examine consider
or audit any such bill, account or claim; that he
did not know or believe Lnat anything was ever
done IN tnat way with any sucn pill,
account or claim, and that nothing was
ever done with any OF them, except making
1t out and handing or sending II in at some public
stealing or the vouchers on September IL, 1871.
He then gives the dates OF the departures from
tins country OF Richard B. Connolly, Peter d.
SweenH James NJ. Sweeuy ana WInam q. King
with the further Information that neither OF these
gentlemen have since returned. The remaining
affdayls mainly has reference 20 examinations
office and In the Broadway National Bank
THE ARGUMENT.
Mr.. Field, In opening MS argument, insisted that
the delcndant IS entitled 10 know which items Of
these several accounts the plalntis intend 10
attack. and which part or ZEN OF each OF them Is
alleged % be false when Item Is alleged 70 pe hctl
Ire plaintiffs either know or do NOT know
what tney can prove about these accounts Il
the action II they do know, then the defendant
should be apprlsed OF what theV intend 70
proof on his side THIS was De very ONCE or bill
OF particulars: such bill was especially necessary
In actions like tnis upon accounts. y was no
answer 10 say that some OF the accounts are lost
or destroyed. That TACT would autno lie the
rlaintln 10 give parol evidence concerning their
contents, but would not eXonerate him from me
duty OF showing what their contents were anu
which portion or items thereof were false or fc-
tItious or fraudulent. IL was mistake 10 sup
pose, as mas been seriously argued III similar
case against the same defendant, that IN an ac-
ton TO recover back money improperly PAID tne
plaintiff can show fraud IN regard TO portion
vi an account and can tnen leave the jury 10
infer tnat the whole IS fraudulent, or that
lhev can thus throw upon he defendant the
burden OF proving when items are correct. ~
must be remembered tnat these accounts nave all
been Sc tied by the proper officers, and PAID. rhe
plaintiffs now come Tor ward falsiy. In this the
burden is upon them and not upon the oeiendant.
He urged III conclusion That neither the amounts
involved IN these various Htgatons nor the high
dignity OF the various parties platnuH should
change by one hairs breadth those rules for the
due aud orderly administration OF justice wnca
are LAID down for the rlcn aud The Door, the pow
eriu and the weak alike.
aihdavss produced, II was reasonably estao
llsned tnat tue people were swindled BY the Ring
from January /, 1857, 10 ADJUST l.. 1871, out OF
over $780, 900. Notwithstanding hat tie proofs
were 80 ABUNDANT against Tweed that ne never
dared 10 lnterpose clrcums tanTal uenlal OF tie
charges, a single cent had never been recovered
against hum. All civil suits prosecuted pllor to
pronounced professional plumbers and con-
tumeuusly dismissed. The LEGISLATURE at
the last session stepped in and enacted at the in
stance OF the State's professional ADVISERS the
most effective remedial laws tnat could be de-
vlsed; and tnis suit mas been commenced unaer
that legislation. The Attorney General, with sucn
professional aid as he coula command. has AIMED
Tor the purpose what he ana MS assistants deemed
the most appropriate process; and the question
now presented IS whether there Is, IN this Court
or the Court OF Review. some judicial
10 obtain civil j1stcs can be banned. William NJ.
Tweed the defendant was the universally recog-
nIZed leader and manager OF TINS system. others
wne participated IN mis- criminal career and par
took o. Its lultS were his suD0rdinates. Most OF
the Others nave fed from Justice: but ne mad so
long controlled the political action OF those VINO
manipulated the votes or ootn political parties
and had so long dictated nominations by both par
mas hA al
he ventured 10 set at dehlnce the legislative,
judicial and executive branches OF ne govern
ment. He conceived that tue personnel " eacn
either directly or indirectly interested IN past
corruptlons and ~ tle continuance Of ms system,
though pUssbly under slight notifications. H.,
therefore, supposed thar he could prevent any
successful prosecution. IL IS matter OF pub
c s ns,oS Ina as Ue oe e sreaI e OcsN
veniences which he has suffered have, At tine
worst, been sllgnt and perhaps even these
dence IL explicit that, pursuant 10 z combination
between Tweed anu sundry others, the $4,000, 600
IN question was ootained under false certificates
OF audit signed by hin. Tne claimants ali MADE
up tneir claims under directions from himself and
his associates and agents; anu there was pail 10
himself, or his own use, one quarter OF RUS whole
SUN, say nom Sl,OOJ,OOO 70 1900, 900. Two
the remaining quarter there is mere possibility
that four-sevenrhs, or about one-nalf, may have
had a foundation IN some work, materials or sup-
plies furnished TO The pubic offices ana buildings
Tac claims were founded on accounts made up
violation OF botn. They were 20 made up In com
pllance with express instructions gwen TO Tie
claimants by the official cons pirators. The ac-
counts taus made up AMI certlned were (wiIh
a slight accidental excepti0nl distracted or
destroyed whist IN charge OF the Complroile III.
THIS was Connolly, chief actor IN the con-
spiracy. IL tOUk place at the moment when
aroused pubic Indignation had begun imper-
aively to demand remedy In tones sufficiently
loud 10 excite alarm among these corrupt officers
At about tine same time Tweed directed the pTin-
cipal claimants 10 destroy all their booAs accounts
aud papers ofevery description by which the trans
actions In question were or could be IN any degree
evidenced OF traced, and they Obeyed nm. With
out attempting or daring TO make any circum-
stanttai denial, without yeniurng to ceMur 10 the
complaint ana thus test lis legal tciency. or TO
answer IL and "put himself upon tue country for
trialn Tweed now comes INTO this Court with
special motions Of dIlatory nature
addressed to discretion. The complaint makes no
lmputatlon OF negligence. Ii charges a conspir-
acy by Tweed and others To get and
the actual procurement OF set OF false aud
groundless claims, ali OF which are specided In q
fcnedue Of the warrants issued for their pay
nent. That these false claims we're never audited
or examined by the auditors Is merely part / the
narrative By which the fraudulent character OF
the transaction Is exhibited. he Insisted that no
iuI ther bill OF particulars could be furnished.
After sumo further argument, tue Judge took
the papers, reese CRYING MS decision.