New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-07
LOCAL MISCELLANY.
THE TWEED CIVIL SUIT.
APPROACHING THE END-THB AMOUNT OF TWEEDs
LIABILITY IN LAW DEFINED.

APPROA ACHING THE END-THE AMOUNT OF TWEED
LIABILITY IN LAW Defined.
The trial of the suit against William NJ.
Tweed for $60O0OO0 resumed yesterday before
Judge Westbrook in Supreme Court Circuit without the
presence of the jury Mrs Watson not having disclosed
much as to the amount of property she had saved from
the city's Judgment, her s0n-inaw Edward j. Lewis,
was examined rs witness He had given mp all his ac-
counts 10 Mrs Watson TO her counsel and thought all
the money received Ivy her through the Surrogates Office
had been used paying off mortgages and claims OF me
chanics for completing work made necessary by the
widening OF Broadway and legal expenses John H.
Strahan Mrs WatsOn's counsel, more definite as
to amounts any bargain with the city author-
ties some other formal testimony put ill., ana after
recess Mr. Carter argued at length In opposition TO
Mr.. Fields argument made on Friday. In reply to u
question Of Judge westbrOok, Mr. OCOnor presented the
following points as to damages
First II is not material to inquire whether YndlctNe
or punitOry damages might might not DO recovered
for the plaintiff claims only the public money unlaWiuy
obtained and simple interest thereon.
second The notion that Tweed s responsible only Tor
that share Of the moneys, which by his own drecGh OF
by concert with his associates delivered over 10 MN
self Is TepuCnan TO common sense and 10 all accepted
notions OF Justice Though there can be out one sds
faction each wrong door Is liable III an ectloh aEis
him the whole Although there he no hope OF OBTAIN
ing Tweed through execution ON the Judgment even
against him for the whole amount. For II the pialntu
recover Judgment against him for SlQ0OOOO only, ana
sbould lind and levy on property 10 that amount, Con-
molly and Swceny might claim with considerable plausi
TSlrd: what deductions il any, should Do made from
the entire drawn ont OF the bank ON the warrants
There was legal audit allowance, and consequently
the ene draft illegal and is in srctness rcco\eI
actions of tort the general principles Of justice govern
the Of damages or the amount to be recovered
ton which constitutes snch wrong done some benefit to
the injured party reasonable and list lo sue
benefit may made from the total amount OF the INJURY
As for of GaTvey and lDgersos bills the value
10 the public OF anything received through them dd not
1As. rant a
to other persons the Court would remember the tesi
mOny, aud that in no case did the adVantaSe 10 INC c
amount than 80 per cent. IL particular lndiFld
uals instance Kcyser other ~ the wrongdOeis
have claims against the city county the Slate or the
public for any not constituting part Of the
charges for which the warrants mentioned IN tle COM
nioiut were issued such independent claims Of the
ipecye wrongoers are not proper subjects Of setO
counter claim, or in any way proper DEDUCTIONS I'D 'hs
action.
Judge westbrook in his decision, held that the sub
stapal ayeents OF the complaint have been proved by
Carney IngersO and Others and the divisions of moneys
and swelling OF bills at least sufficiently to go 20 the
Jury As TO the warrants which Inducements we're
forged assuming that to be true the question was
whether by the conspiracy, the funds had been taken
from the County Treasurer and the forgers were CO
conspraors with Tweed, their act Tweeds act and
he responsible II was not bar to action against the
forgers that the county had also action against its
agent who good faith paid the forged paper Ar TO the
claim Of release Of Mr.. Tweed by release TO his CO.
copsprators no such had been proved-merey
there been a covenant not to sue the others,
that would not amount TO release which
Tweed could plead in The amount paid by WatsOns
estate was on other claims; the amount deposited by
Keyser had not come the Ctys possession As to the
consttutionaty OF 1875 he had passed that
in the Fields case and General Term had also affirmed
its validity.
The remaining question, as TO what damages could he
recovered Judge WestbrOOk answered by saying that
the damages which the wrong had caused could he re-
covered though the party sued did not receive all It's
fruits but that did not anything but the damage
not what the county Justly owed and what could nave
been legally enforced against st. The fraud was
i'm the addition To honest demands and the re-
cOyery must be limited 10 the injury But
the claims OF Keyses against the county could
not avail Tweed, being for other unadjsed claims Than
those for which warrants drawn Tie TACT thar
Tweed had been crminay punished was no bar 20 the
civil remedy The Code expressly provided that viola
ton OF a right admitted OF both 81 IL ana criminal
remedy and the right TO prosecute tho one was not
merged IN the other.
The Court then adjourned. The motion for receiver
TO represent the citys interest in the SUIT by Deyn,
Tweeds bOndsman, TO compel the Ring TO return the
moneys stolen from the city has been adjourned until
Monday