The New York herald., 1876-03-02
OPENING THE CASE FOR THE DEFENCE
A Scathing Philippe Against Mod
ern Reformers.
Tweed Not a COnSpiratOr, but the Vic
tim Of a Conspiracy.
Motion to Dismiss the Com
plant Denied.

The beginning Of the end begins TO show itself in the
Tweed S6,Oooo0 suit Yesterday tho prosecution
closed its and the defence opened and after long
opening speech by Mr. Dudley Field commenced call.
ing its Witnesses The concluding witness for the
prosecution was Mr. Arthur E. Smith, in the seem.
ngly nerminable list OF bookkeepers OF the Broadway
National Bank He simply testified that if Woodward
received forty per OF the checks he could easily
trace out what Tweed received that could figure out
the Keyser BILL that he could tell what the principal
was, and that he could thcn tell what percentages
were as divided between the several members of the
Ring. Several warrants were shown him. and he made
computation showing these facts His -examina
tion elected nothing OF additional Importance. This
occupied the Court I'll, recess
On the reassembling OF the court Mr. Dudley Field
began his opening for tho defence. He spoke with
great clcarness and with degree Of eoquence
and lmpassioned earnestness which, If not worthy n
worlhier cause shows him at least be genuine chip
OF the ola block His peroration began with descrp-
tion Of the Court House in which the court was
sitting which he described the gold mine out OF
which great fortunes have been dug-the great bo-
nanza from whose rich ores the coin which sup
ported for years one Of our political parties and
furnished corrupt such professional polit-
clans OF the other great party were to be bought
He then described the building of the Court House
WIN de'aed account OF the appropriations for the
same
COURT HorsE FRAUDS
Next he took up the initiation and progress Of the
Court House frauds, winding up with the Latin aphor
ISM HR,pord mutdntar, et mutdmur ia dis and
the declaration that the counsel who first opposed the
frauds are in some quarters denounced as among the
black sheep, and those who then contended for the
perpetrators praised ng among the white ones
From 1868 onward the Supervisors conducted the Court
IIl..r
The appropriations during the next years werc
for the building alone, $3.50 600 This Court House is
on the great highway that connects down town, the
business part OF New York, with up town. the portion
of residences Almost all the men engaged in large
business affairs passed il, Of necessity every
day. They read the newspapers They knew
that millions upon millions being appro.
pratod year by year toward building IT. They
could see its narrow dimensions its slow growth and
any one with the least knowledge of building must have
known that its cost could have been anything like
the sums appropriated. Yet whore were our public
spirited citizens9 Where our reformers? Who
then opposed the squanderng the funds of the city
Did tho press denounce it' No Tho newspapers al
ege that is their right and duty denounce every
thing in private public affairs that strikes them as
deserving of condemnation They saw nothing wrong
DID the poiticiansY Why great portion Of them OF
Mere itinic;r TO rapid transit
DotL parcs were supported out oil this great bonanza
Did the citizensi They too much occupied max
ing money. In fact all were parties active passive,
to n great conspiracy, whereby the funds of this
city were used IN enormous amounts In State and
national politics. Those who did not aid and abet In
this practice encouraged II by their silence, and such
Garvey and lngcrsoll and Miller and Con-
molly, and Watson had right to presume that there
would never be any indscreet pryng into their afairs
This community like a shopkeeper who gives his
clerks free TO his tl-who has IL IN his power
to count his money day by day-who can see without
complains TIL the pressure OF hard times comes,
and then suddenly denounccs all his clerks thieves
and pounccs such OF them he does not like and
let's his favorites escape.
now rHs FRAUDS WE'RE EXPOSED
In 1871 business began to be dull. The excessive
trade caused by the was being steadily reduced and
diminished; split occurred in the democratic party,
and OF the leaders got possession OF the gures had
Them published in the newspapers and denounced the
Court House frauds Then there great awaken
ing, and everybody shouted with indignation; and
great many people have continued shouting TO this day.
and so loud those who proned by all this po
htical Generalization and were not found out Now,
what was doner II seemed simple enough to bring
suits against the proper TO back from
them the money that they had improperly taken
Mechanics had been ovcrpaid; they had shared
their gains with officials; the facts were easily
subs,antiatcd; all New York was not corrupt;
the Corporation Counsel was a man above
reproach-he quito willing TO act. he did ac-and
he ned to assist HIM two Of most distinguished
lawyers-Georgc Ticknor Curtis and John X. Porter.
But this would not do whyf Because the object OF
those who made themselves most prominent the
form movement was not TO hclp the cty-not to got
back its money wrong 'uy taken-but TO Offices
for themselves and TO procure political for
their PARTY Sc when IT was simple and easy to com.
mence actions the OF the county and Of the
city they were begun IN the name ol the peope-and
they were begun not against all who were known TO
have participated IN the frauds but against few prom
inent politicians whom it was important get out OF
the way. What was the resultG Most OF the prom
uent reformers got offices.
THE SIX SUIT.
After next tracing the criminal proceeding against
Tweed and bis sentence to the Penitenary, and dwell
indignation the part OF the city press against the
Court OF Appeals for setting aside such verdict he
10 the present aud he asked the jury to not let the
magnitude OF the total claim betray them iuto neglect
TO scrutinize each item by itself The SUIT was for
So GOO This total is what the newspapers and
the public when they speak OF 1.-THE stolen
5000 00O," when they ask why Tweed does not
rcs,orc the So OOJ COO when they declare that II is
outrage him TO defend suit brought TO
nand disgrace to the lawyers who are found to defend
such asut has been thousand times reiterated that
thore Is defence The learned counsel who opened
this took occasion once, when the jury
being ompaEelled. to state, with great impressive
ness that there was absolutely defence: that the
defendants only resource was in tccnniealtle in dils
tory measures and that when the question met face
face there nothing for the defendant to stand
upon He said this with so much ealnestncss that one
who did not know better might have believed t. No do
fence Why, gentlemen. this claim of So 32 600 with
I'VE years interest ana tins persistent endeayor to get
verdict for that amount Is hardly less dishonest less
unfair less tricky than any Of the acts Of Garvey and
Ingefsol, which those witnesses have unblushngiy
exposed. The prosecution has tho eaTontory TO claim
all the money that tho city pad out on these war
toward buildng and furnishing this Court House.
the county buildings, The armores the markets the
Disr Ct Court House Tho Court House Is here Ii is
an ctual ply seal fact before your very eyes.
There Is no claim that the work was pot uonc that
materials were not iurnishcd that the materials and
workmanship were not good. All that Is claimed is
that there were overcharg IN Instances,
moderate In others 10 they to get back the
overchargef No They claim the wholc-what was
properly paid and what was improperly paid They
know that a considerable portion OF the sum was
honestly earned They know that il cost very large
sum TO build and furnish this Court House and tho
other buildings They know they have got the Court
House; that 40 power wrest II from them Yet
they seek TO get ifvn Tvrcd it's vaue as wen as what
they say was paid IN exaggerated bills
GENERAL CUssKDNEss.n -
In answer 10 tho charges that all the bills were false
hotnous and fraudulent he went on to say that there
Is argument 10 oppose H. IL tnat used 10
the Jury enpa iellod TO Try horse thief the West
under Lynch law. They found the defendant not guilty