The New York herald., 1876-03-04
The Case for the Defence Sub
stantially Closed.
RENEWAL OF THE HOTIOS TO DISMISS TIE COMPLAINT
A Brightly Shining Juror and
His COnundrun.
IMPORTANT RAILWAY LITIGATION

The great Tweed Sc GOO 900 suit st on trial before
Judge Westbrook is progressing with rapdIty which,
while doubtless exceedingly gratifying to the jury,
the time surprises, doubt the throng Of spec
tators continun ing to crowd the room With the
exception OF examining witness whose testimony
could not be taken owing to the absence of the witness
the defence has closed its far relates the
submission Of evidence. Meantime some questions OF
law to be argued Monday, and with a considera
tiop rare in courts of justice tho jury spared tho
inhction OF listening it, SO they we're excused from
farther attendance till Monday. Mr. Charles
o'Conor was present again yesterday and took
on himself the main burden OF conducting the
prosecution thereby compelling the other prosecuting
counsel to rather hide their diminished heads. Some
delay however. occasloned by the absence Of one
OF the jurors Mr. Field in the meantime road some
short epistes from Mr. o'Conor TO the Attorney Gen.
eral which offered in evidence.
Mr.. Samuel G. Courtney the first witness called
TO the stand He said he counsel for Connolly in
1873, and was present at interview at Nj. Have
meyers house. and wen, from thereto Governor Til
denis house. and there by appointment TO consult
about the resignation of Connolly.
Mr. O'Conor objected 10 the evidence the ground
OF its irrelcvancy; but the objection overrued and
the witness continued. He said he to Mr.. Have
meyers house aud had long interview with him
about Mr. ConnoHys resignation and the appointment
Of Mr. Groon in his place; Mr.. Havemeyer refused
10 give any assurances that Mr.. Connolly
should not be prosecuted; witness accom-
panied by Mr. William A. Beach; Mr.. Tilden
and his stenographer present at the time; he had
a Interview with Mr. o'Conor afterward and It
there agreed that any money paid by Connolly to the
city to be appropriated toward the payment OF
what he had taken; witness declined the arrangement
and negotiations ended
Mr. Rnfus + Andrews next caed said he had m
Mr. o'Conor, Mr.. Havemeyer and MT Tiden for great
number of times and they met Mr.. Connolly at their
meeting room at Delmonico's; the whole subject OF
discussion to what the best thing for Con-
molly TO do 10 get out of the scrape and be protected
and IL finally consummated by tho resignation Of
Mr. Connolly and the appointment of Mr. Green in his
place; u also agreed there that Mr.. Tilden should
80 to the Legislature; several occasions Mr. Have
meyer speaking of the best mode OF getting OF
the sCrapc, and assured him that he should be pro-
tectcd f he did he desired and Mr. Tlden assened
The whole object Of this meeting was TO secure this
immunity.
Mrs Watson was called but did not respond. gen.
tlen,an by The name of Lewis was then called to ex
plain to the Judge why Mrs Watson present,
and he told the Judge that Mrs Watson was very Ill
and unable TO attend and was finally agreed TO take
her deposition tomorrow morning ut her house before
n referee. MT Fold suggested that they would
be able to finish their testimony and argue the law
points that day II would be better to adjourn this
evening until Tuesday morning, and allow the jury to
so TO their homes Judge westbrook said he would
arrange that aiterward.
Mr. o'Conor-we don't see the economy of wasting
any further time in the examination OF these witnesses
What agreement or compromise was made between
some private person and the members OF the Ring is
totally irrelevant
MT Field-Ii you willing to demur will admit
your demurrer let us whether II Is not legal
and good defence.
Mr. John Il. strahan was next called He said he
was counsel Mrs Watson the brought against
her adminisrarix aud the pcadings IN the suit
were offered In evidence Witness not having all the
papers called for in the subpon ma was told he might 20
hmm mn upt "a IN
Mr. A. j. smith was recalled and briefly examined in
regard 10 some accounts.
Mr. Sparks Clerk of the oyer and Terminer was
then sworn and produced the record OF rNeeds con-
yicton and sentence for msdemeanor and Of the pend
ing Indictments all OF VIII ch objected to by the
PLAINTIFFS counsel as irrelevant, and the objection
overrulod.
Judge vestbrook Observed that much OF the tcs;-
mony which be had admittei under objection involved
certain law points on which he would pass at the proper
time
A piece OF documentary evidence was put in by the
defence, beng copy OF tho Attorney Generals
termand Of the order Of arrest against Garvey
Mr Field here announced that the for the de-
fence closed with the exception Of Mrs watson's
testimony aud the production OF some papers by Mr
Strahan, relating 10 her estate
The jury, upon this announcement, were discharged
unt Tuesday morning, their presence during the legal
discussions on Monday being dispensed with.
After recess the court room crowded more COM
ractly than ever, and the New York Bar was well
represented by numerous lawyers evidently antieipat
ing rich treat IN the expected legal jousl between
David Dudley Field and Charles 0Conor, the two
OF the Bar.
Sheriff Brennan gave the dates OF the orders
of arrest against Tweed, Ingcrsol Garvey a Co and
identified Attorney General Blrlows councrmaud to
the order Of arrest against GGrvcy
Mr.. Field handed in a list Of the indictments against
the defendant from which it appears that there are
twenty.cght now pending against the Boss.
Mr Field TeHc~ed hls motion to dismiss the
complaint and spoke at considerable length on the
motion He said they were accustomed 10 hear from
tho newspapers there defence; bu, they paid
attention 10 IT, for All men knew they had rea-
bic iniormauon to form judgment upon; but It
rIauf faa
ing and the senior yesterday asserted t and Ia iact
that the defence al solemn farce. OF the
Court smiled at such exhibitions by the counsel; but
is only the jury are TO be affected hy such
talk, by thor verdict they will tell US
whether they arc performing the part the
learned counsel snpposes them 10 play in this
drama SO tar from there being no defence he moved
20 dismiss The complaint or TO give such instructions
10 The jury regarding the amount Tor which defendant
ght be liable and thus relieve them OF part OF their
duties defence may apply 70 the whole demand
q part H. and he would ondeaVor to show that the
plaintiffs have claim all and that IL they have il
must be very considerably reduced. Taking up the
complaint Mr. Field called attention 90 the allegation
that the sum OF 80 COO 000 deposited the Broadway
Bank drawn from time 10 time, IL the allegation
immaieria IL should Lot be IN the complaint; ft
material the omission TO prove II was fatal Anap
a conspiracy Is charged between Tweed aud WATSON 10
procure these fraudulent bills but one word OF evi
dence put IN that Tweed ever met Watson on the
face Of the earth. u was alliniorcntal Moreover
they cannot spell out word spoken bv Tweed
20 any human being reference this Board of Audit
and the charge s that the frauds we're committed under
Of the Special Audit act The only material testl.
mOny was that OF the confessed thief Gatysy 1ugsrson
from state Prison 20 testify against the dercnd
ant was asked by the prosecuting cOunsel-"Dd Won
have conversation with Tweed about the bills 10
60 before the Special Board Of AUDIT fn and hrs answer
was, mo. Sir; / think notn The whole proof was
manufactured ont OF conversations Of these vruOus
with Woodward ana Watson. Yet all these bills
were plradcd before the Court for six weeks which
bids alleged the overt act under the alleged con.
spiracy The rule is that the combination and
be proved, or the pleiutin must be nonsuitcd.
The complaint alleges that tho sad pretended claims
were presented 70 or examined by the said Board
OF Audit Not particle OF proof OF this given
How did they know that they audited uy
the members OF the Board scraratclyg Why didn't
they ash Mr.. Hall, an honest man, whom
Cuses now Of anything moro than neglect, though
there at lime a howl OF accusation against
him Either the Court must rule the allegation be
immateral or tie omission OF proof was fatal They
aege that nono OF the said bills represented any real
or actual Liabilities OF just lawful demand what
ever" They must prove that they have gwen 10 proof
whatever relative 10 the New YORK Printing Company