New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-02
THE TUEED Defense.

Mr.. Dudley Field opened the defense i'll the
Tweed case Yesterday, first printing his ad
dress in The Commercial AdrertSor, and after
ward repeating it to the jury. We are get
ting on. 1t is only four years since the prose-
cution began, and after continuous litigation
here we are at the first chapter of the defend
ants story. True the end is by no means yet
in sight, for Mr. Field warns the jury that II
they decide against his client there will be an
appeal. so that the contention is likely TO run
on till it reaches the highest court. But 1t Is
a satisfaction to know at last what answer,
except plea for delay, the counsel OF Mr.
Tweed have to make to the complaint of the
people. This is actually the first time any de-
tense has ever been interpOsed to the civil
suit, and the public will naturally have some
curiosity to see what 1t is.
Mr. Field regards Tweed as the victim
partly Of selfish conspiracy partly of popu-
lar clamOr stimulated by licenti0us press and
involving in its scunility not merely the
statesman who has recently removed from
Ludlow Street Jail, but the able and expensive
counsel who defend him and the courts which
try the causes in which he appears. After
setting forth these views i'll his exordium 1t Is
something of n shock to come down to the
propositions which form the substance OF his
address, for they all proceed upon the confess
sion that Tweed is a thief, and show that the
chief controversy now is to determine how
much OF how little of his plumber he shall be
compelled TO restore. In the first place,
the defense admits that the bills upon
which this suit is brought were partly ficti-
tious, but denies that they were wholly 80,
and insists that the city can only recover Tor
80 much of the $6,OO0,O00 as il can show TO
be in excess of legitimate charge for the
work which IL processes To cover. When TINS
discrimination between the honest and dis
honest parts of the bills has been made, it
will remain TO be determined how much of
the theft was chargeable to Tweed. " We do
"not here deny says Mr.. Field, eve never
" have denied, that in suit properly brought
"by the proper parties, Mr.. Tweed may he
d" and should be compelled TO refund any and
:" all sums that he is shown to have imprOp-
"erly taken from the City and County OF
" New-York,r an admission which will be
found on examination equivalent to an ex-
tremely handsome and unexpected approval OF
the Eighth Commandment.
To the plea that Tweed personally did not
receive the whole of the stolen money, the
law replies that when a robbery is committed
or loss incurred by conspiracy each consplr-
ator is liable for the whole and this is not only
law but strict equity; for if We catch the leader
of gang of thieves II will not be pretended that
We ought TO hold him irresponsible for all that
part of the booty which he may have divided
among his accOmplces Hence, as his second
point, Mr.. Field denies that the conspiracy be-
tween Tweed and Watson alleged in the COM
plaint has been established, denies that there
is any proof of Tweed's being the cap
tain of the gang, or that he devised the
frauds Upon this part OF the defense
there will probably be hard fight,
and one of its principal incidents will he an
attempt to dscredit Ingersoll and Garvey.
For his third point the counsel contends that
Tweed must be credited with the sums re-
covered from the Watson estate and from
Keyser. For his fourth and last he insists
that the prosecution has no right to hold
Tweed to answer for the six millions while it
lets Connolly, Ingersoll, Garvey, Davidson, and
the rest 20 free. But this will depend upon
the decision of the pivotal question whether