New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-09
THE TWEED JURY'S VERDICT
DAMAGES OVER SIX MILLIONS.

! DAMAGES OVER SIX MILLIONS.
RESULT or THE GREAT CIVIL SUIT AGAINST THE
CHIEF or THE RING-THE JURY DECLARE TIE
PEOPLE ENTITLED TO $6,537,117 3s-JUDGE
wEsTBROoKs CHARGE-DAvID DUDLEY FIELDS
EFFORTS TO DELAY JUDGMENT.
The trial of the suit of the people against
Tweed. generally known the six million suit, was
ended yesterday far as the jury is concerned The
action BROUGHT under set ~ 1878, earlier suit
with the purpose having failed because the law did
not then permit the people 70 sue for moneys due 10 a
county municipality In the suit Tweed was held
to bail in 100000, but escaped from the Sheriff, and
after efforts for delay this trial begun before
a special jury one effort 10 struck jury failed,
and the obtaining Of the present jury begun on jan
H. On Feb. :, the actual trial entered upon. Judge
westbrook yesterday charged the jury his charge occ-
plying about an hour In delivery, and IN little oyertw
hours the jury brought in verdict for damages against
Tweed for S6,537,1l7 81, Of which s4,7l9900 IS was
for principal aud " SHIT 90 for interest
the opening OF the Court Nj Field presented add
tional requests charge behalf Of the defendant
Tweed aud the discussion OF these requests occupied the
Court until nearly IL O'Clock.
Judge Westbrook then began his charge, speaking
briefly OF the importance Of the On questions OF
law he warned the jurors TO take his ruling implicitly
and without criticism. on questions Of fact they were
10 base their verdict opinion he might seem
10 express The question OF the cOnstuoDaity OF the
act OF 1875 giving people the right for these
frauds was question for the jurors who must re-
gard this suit properly brought Judge Westbrook
briefly reviewed The charge Of the complaint that under
the act Of 1870 appointing the defendant one three
Auditors 10 pass certain claims, he did not do that
duty conspired with others to have false and freuu
lent bills paid amounting IN the aggregate TO six millions
and upward.
The first question for the Jurors Was there con-
spiracy Leaving the weight 10 be To the evidence
to them the Judge reviewed briefly he direct evidence
on that pOnt-hrst Of Garyey, who swoTe 20 direct
dealing with Tweed In Is67 To defraud the county, to
Twceds direction him 10 deal afterward with Wood
ward TO his having secured through these bills money
sen Tweed for In Albany in aiding legislation, and
his bills for work done the houses OF Tweed Connolly
and others second, of ingerso who sworo that Tweed
referred him 90 Woodward and that he sometimes took
Twced's 25 per cent To him that under one arrange
25 per ad led for Tweed and 10 for Con
molly that aerwad 55 per cent was added. and under
the audit lawthc law under which these warrants were
issuedG5 per cent - for Tweed, 20 for Connolly 10
for sweeny, and each for Woodward and watson
Another piece OF evidence the only which the
Auditors appeared have done in concer-the resoiu-
ton which the plaintiffs counsel argued meant that the
Auditors would not audit but pay on the certificate of
clerks OF charmen committees and the absence Of oil
proof that they again met IL for the jury TO
draw the inference But II the Auditors meant honestly
TO do their duty, why should they thus preclude all
chance OF inquiry Another Of evidence was In
deposit rwecds accounts so frequently seen
IL was for the Jurors say whether this thing happen
ing and az IN, did not justify tho Inference
that there wac an agreement charged. They might
draw the inference from all these concdences that there
was a dyis OF these moneys and agreement to do
what the facts showed TO have been done.
II conspiracy did exist, then each consprstor was
liable 10 the full extont OF the that the conspiracy
caused. The question was what damages should be
awarded The answer was, the entire money received
II the county injured TO that extent but part was
Justly due from the county, then rs 10 that the city was
not wronged and the jurors should deduct that amount
Thus II 30 per cent just they should find for on 30
per cent and interest. Something had been said about
other bulls Of the persons not included In these war
rants with them the jury had nothing Ia do The que'
ton was, how much Of the bills rendered and paid by
these warrants Justly due and owingi Now rs to
Garyey's bills, How much honest At one time '
Garyey said 20 per cent fair at another Consider
ing all Things 80 per cent about fair They would
remember some Of Garyey's bills 20 cover the $4,000
sent 10 bany, and the work done for Connolly, Tweed
and others their houses, were wholly fraudulent
George s. Miller conceded that 80 per cent OF his bills
gave him pretty large profit Keyser added 1913 per
cent which he says just addition for interest and
expenses ia colleong but II he added not rs interest
but division among the cOnspratOrs no; just
and not 10 be deducted He had included In his bills
both city and county claims and though this Board OF
Audit had business with city claims yet In view OF the
city and county being cotcrmnous In territory and tax
paying population, he he judge should direct the
Jurors TO deduct the Just portion OF thoee bills whether
against the city or county.
II was said that there proof that the bills OF A
Hail. A. W. Lockwood, The Transcript Association ana
Others amounting 10 something over S6O0.OOO' were
fraudulent but they found That they were handled ana
figured over like the Others and that part went Ia weed
they might INFER that like the others they were fraudulent
and in similar proportions Az to the warrants on when
the Endorsements forged II was claimed that Tweed
was not responsible, because It not shown that ho
had asgened to tie forgery. But II there was conspr
acy to dcfraud and this act done I'm pursuance OF IT,
aud the defendant acquesced in the acts by receiving his
share Of tho profits then he responsible. All the de-
tails OF fraud 10 bee committed could not be- anticipated
hut any act done In therance OF the common agree
ment and purpose the act Of all II they found there
was no nspiracy then Tweed responsible only for
the moneys he actually received
The burden OF proof OF fraud the plaintiff, but
where IL had been that there general fraud
or that any bin was uctured with fraud was for the
defense to show how much Of 10 was honest.
Judge WestbrOok closed with earnest and solemn
appeal to the jury I'm this matter right and justice
The Jury retired at quarter past one O'CLOCK ana uu
not return upt half past three. Their verdict was given
ss follows:
interest nom sept l. 49, to March 1870. i5i7i77 o3
Total. .......sdoJhllf 90
The announcement Of the verdict caused great sensa
ton but all applause demonstration was ut once re-
pressed.
Mr. Field at once moved that the exceptions be heard
in the first instance mt General Tern-a motion when II
uccessru will delay the entry Of any Judgment on the
verdict until the ease DO argued and decided there
claiming that In The magnitude OF the case ana