The New York herald., 1876-03-04

Criminal Law 5T2 and 64s) In this view tnere would
be excluded 81, 7So All As from the liability.
He next submitted that under the law, regards the
remaining seventy nine bills for So 500 81 in ALL that
the county could only recover the amount 10 which II
was damaged IN other words the overcharge no more
and no less On this point he cited the case OF the
State Of Michigan VS. The Ph9nix Bank as decisive,
and urged that would be reproach to the cviliza
tion OF this age II the county allowed recover
for what IL has got and holds keeps and enjoys and
make Tweed pay II back for what got II this prin-
cipe correct what principle could they on
Garvey's bilsS Why, be swears his bills were honest
ones why sir, y burst out Mr. Field AT is amazing
The impudence OF the claim is something astounding
the imperial city OF New YORK. whose motto is Excel
s.oT-nd hope IT will always hold il 10 the end Of
ume-co these people representing the State Of New
YORK claim from this man, fugitive If you will,
guilty man, although they once bowed before him
and there wasn't one OF them so nasty now TO prose-
cute tat ala not almost crnge at his feet but no mat
ter-why do they seek TO recover against him by
pllls Tor 81, ,OoO, COO presented by keyser, when
he that the county owes him nearly 5000 000i
! wish of these patriots would explain how that
claim against Tweed is an honest one How"-(turning
TO the peoples counse.how can You dare TO ask tho
Court for judgment for million dollars kcyscr's
bills whom keyser, your own Witness swears the
county owes HIM at this momentY For what do you
want that millionY Is 1t TO found hospital, or
monument 10 your own generosity and love OF Justice
or some monument OF the love Of justice OF New York
State and Attorney General who represented II the
year Of grace lS7OY"
Counsel next insisted that If, whether Willingly
or unwltlngly, in their exuberant zeal TO
do something 10 call down the applause OF
heaven and earth, or from zeal for justice,
or their willingness TO strike man above them
but now fallen, they have made arrangement with
any OF these alleged conspraors which prevents them
from prosecuting him. II Is bar to prosecuting all the
rest On this point he cited the words of Judge Davis
on the FIRST trial. that Garvey had testified that the
arrangement had been made with him by the peoples
representatives by which he would be "exoDerated
from all oppositlonn Among the decisions in point
cited that of Judge Dillon or Ohio, whom
counsel eulogized band Of praying women
visited liquor mans store to convert him.
He sued the ladies' for trespass, and what
was the answerr 'sir, you have singled out
one OF these fair females and married hor, and not
being able TO sue her, you barred from suing the
t"-taughter)-and the Court so held The next
point was that tho acts complained OF were judicial on
Tweed's part, and that he could not be attacked on
civil action. IL the prosecution, he said was bona
de by the county for the purpose OF getting back
word would have been SAID about this but when he Is
prosecuted six million thief and his counsel abused
throughout the country and these hes are sanctioned
by the COUNSEL will not say those now present. for
would not be Justified. When this done they must
take the consequences; and in counsels Judgment
the shield ofJudicia immunity covers the transaction.
III they sued Garvey or the others no such defence
could be made. Nay II they sued Tweed for the actual
amount misapproprated by him
Judge Westbrook here suggested the law that no
judge can sit as such in whore he is interested
Mr.. Field replied that Tweed was not interested in
these matters only as far as he corruptng judge
but II could not be said man 70 act judicay
tho moment he becomes corrupuy interested
The last point was that Tweed has been punished for
the acts complained Of a second time.
In reply 10 Judge Westbrook Mr.. OConor SAID, as far
he concerned he scarcely thought the argument
needed reply just then, as It the merits
oil the case which might properly be addressed TO the
jury.
Judge Westbrook said II any OF the other counsel
wished to reply he would hear them Monday.
The Court then adjourned.