The New York herald., 1876-03-02

And some uncoEsdered trhes of about
$ll3,O00, swelling the amount to. Sc 312 600 90
In conclusion he insisted that conspiracy had been
shown between Tweed aud Garvey that the present
SUIT was rather conspiracy against Tweed and he
opinions or prejudices, and judge the only upon
the evidence in accordance with the solemn pledge
each had taken on entering the jury box
MOTION TO DISMISS COMPLAINT.
AS soon as Mr. Dudley Field had finished his OPEN
ing Mr. David Dudley Field moved to strike out all the
evidence regarding the Printing Company accounts and
those of H. s. Smith, Jacobus Marrencr others He
said the claim OF the plaintiffs for So los, ,957 S5
$50 alleged fraudulent bills with respect which
evidence had been given TO twenty-five
OF them. he said further that the claims
Printing Company, amounting to S6ii 'o76, must be
dismissed as no evidence whatever had been gwen
regarding thcm OF the residue OF the warrants iorty
OF them have never been indorsed by he payee, but
the Endorsements were forged, and in the judgment of
the law the warrants were still outstanding and
paid, and the city not having lost anything them
has no claim in regard to them, the defendant not
being shown to have had any participation In the
forgery making 81 7S0 440 7s which be stricken
out The remaining seventy-cight bils-composed,
thirty four OF Garveys amounting 10 81, 445, 76 96
also fourteen of Insersois, amounting $500 sos So
eleven Of j. s. Miller, amounting to 1871 Oco eight OF
three Of j. Mob. Davidson, amounting TO
70 a ana Une o,ebsT heyscs 6a S9Snng sS
To the claims Tor these sums satisfaction had been
made by Keyser in discharge Of all liabilities leaving
Tweed $1S74,379 Is which should be reduced at least
twenty FIVE per cent Ingersoll's testimony leaving
40 as the entlTe amount tDat could possibly
come before the jury in settling the alleged claim OF
tho city against Tweed With these preparatory ex-
plantations he asked dismissal of the complaint on
ESyst-fhe people have shown no cause Of action
against the defendant for any amount
Second-Tweed's act did not cause the damage what
ever 1t was The payments made by Comptroller
Connolly 10 Garvcy, lngcrso ana others and if Tweed
received portion OF the money his liability is
mensurate with the amount so received
Third-Thc functions of tho Board of Audit are
judicial as settled in the case of The Res,;s,
ans saRhAsl StAsE ess Ss 'p's w ofs0n'
Fourth-The fact OF such functions being judicial is
bar to any civil action for damages arising from an
Judge westbrook denied the motion to dismiss the
complaint and thereupon witnesses were called ior the
defence.
The first witness called for the defence was G. H.
Halscy. He testified that he supplied the city with
coal and wood he authorized Ingerso to receipt
bills IN his name; he furnished the city some 100000
worth of coal and wood, the receipts by his
cartman which We're returned properly signed, and
which nc attached 10 his bills.
Mr. jackson s Schultz, ofthe Committee of Seventy,
testified that he received two assignments from Key
in 1871 which he realized SOS, ,055 55; among
the claims assigned were some against the city for
about SIS 000 Mr. Green appointed an expert TO ex-
anime the books who broke down under the operation
and had 10 90 10 Europe; before the assignment
made Mr.. keyser wanted TO see one OF the committee
and ANXIOUS to make restitution for any wrong
that he might seem to have committed, and wanted
witness to be sort OF midwife in the case, and witness
promised TO do his best TO save him IRON any liability
civil or criminal his making these asse enments; no
had claim Of about $3.50, 600 against the city and
claims against officials and he assigned them security
witness communicated what he had done TO the Com
mittee of Seventy; Mr.. Green declined TO take any
part the matter witness paid back Keyser tho bal
and took mortgage from him security against
any liability; no suit has been brought against keyser
Cross-examined by Mr. Carter-He held no official no.
stion, and had influence except as private citizen,
bring about settlement; Attorney General Barlow
knew all about the arrangement with keyser and drew
the papers
Willard d. Bartlett testified that attorney for
Tweed he had charge OF the suits against defendant by
the people, the Supervisors and the Mayor &c, IN
1871; Mr.. OiGorman, Corporation Counsel obtained
several extensions OF time TO furnish tho complaint,
and then the suit dropped; answer has been put
the Supervisors suit, and the noticed for
trial. and far witness knows, still the calen
dar in the peoples SUIT Mr.. Tweed held bail in
ST. 600 600; that suit discontnu Mr.. Tweed
held TO bail in a suit in So 600, 900
The Court then adjourned.