The New York herald., 1876-03-07

and the wrongru taker OF it's money the fruits OF their
crime because II has also remedy against It's agent
VINO VINO paid US money 10 good iailh TO the party
cluslon 0bviousY Again, as TO the claim that
the alleged release OF some OF Tweed's cocoon
spirators discharged all, Judge Westbrook said
u was not urged that either Keyser Garvcy Ingersol
or Connolly had paid any money obtained formal
release IRON any person fhe that could be
was that certain influential ctzcns who had been con-
spcuous IN these prosecutions had promised them pro-
tection No person authorized officially 10 make a
promise had made any, and the entire absence OF any
consideration would make any medium pdetum II
made covenant rot 10 one OF the Joint obligors
or promisors does hot amount TO release but Is a
covenant only In regard To The estate OF james Wat
son. II was conceded that the recovery for demands
not embraced In this action, and wlc Mr. Keyser had
placed property in the hands trustee the
city, such deposit hls and part therof
hnd been IN the hands OF any city UliciaL AS TO the
alleged uneonsiIntionality OF the ACT OF 1870 under
winch the action was brought Judge Wostbrook sad
there were undoubtedly grave questions TO be here
after considered. He had had occasion to discuss them
IN part In the OF the People against Field and to
that opinion he referred At any rate the General
Term OF this district had passed upon these questions
IN favor OF the consituonaty OF the law. That de-
cison was binding upon him and mast be followed
Judge Wcstbrook then considered the question
whether the accounts OF the Board OF Audit
judicial ia their character. Judge Wcstbrook
added that the damage which the wrong has caused
be rccovei cd though the party sued did not
ceve ali us ruts but that did not cover anything but
the damage-not what the county justly owed and
could have been legally enforced against It, The lrand
was in the addition TO honest demands and the recuv
cry must Dc 10 tne INJURY. 90 iHc tOurt OF
Appeals had held But the claim ot keyser against
the county could avail Tweed beng Tor other
adjusted claims tnan those which warrants were
drawn. The fact that Tweed had boon crimnally pun
ishcd. no action could be maintained against them.
they beng judges for acts done by them IN their o
cia capacity. The prosecution he said assumed the
point to be proved. The Board OF Audit was undoabt
edly called upon exercise judicial functions. But
Mr.. Tweed did NOS act member. Instead OF this
the evidence tended 10 prove and which
tho jury must decide he corruptiy agreed to
make bills on tins ground tho General Term, IN this
very case held this action maIntanabe. Judge Vest
brook also held that Tweed was not entitled To immunity
as Judge because OF his being interested, and the
statutes declare that cam under such circum
stances, SIT Judge Tho remaining question VAS
what damage could the plaintiff recover, II anyy The
General Term answered this by saying that each
spirator being liable individually bar the
remedy 1he Code expressly provided that a violation
OF right admitted OF both n civil and criminal
remedy and the right to prosecute tho not
merged in the other.
Mr.. Judson Jarvis briefly examined the sub
Ject OF the arrest ot Connolly
Mr.. Field contcnded that certain special questions
should be given 10 the jury, proposition TO which
Mr.. O'ConOr objected.
The Court then adjourned until this morning, when
the summing up will commence.