The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-03-09
VERDICT AGAINST TWEED
TIE People TRIUMPT4NT IN THE
SUIT FOR SIX MILLIONS.
The Jury Readily Agree thar the Ross Oueht
20 Return sB.53I,1t7 Of the Money that
he Stoie-fIore TO be IitIeated for.

20 Return SB.531,1t7 of the Money thnt
he stoie-nIore TO be Liti0nted for.
The trial OF the suit against Tweed for
5000 0O0 was ended yesterday. The inding
up OF requests TO charge and a discussion as to
points Of evidence occupied the time OF the
morning session up TO IL o'clock. Then Judge
westbrook began to deliver his charge to the
jury. lie said that with a jury organized as they
had been, he need not quicken their consciences
by recalling their responsibilities. They had lis
tened to the evidence with great attention
through wearisome weeks, and he had no doubt
II was all within their recollection. The case
had been ably presented, and they might
rejoice that there had been counsel so distin-
guishcd, because no case was 40 free from doubt
as to make the presence Of lawyers unmpOrtant.
lie called their attention TO the questions OF
law, charging them, as he had already held, that
the action had been properly brought, and firm
ing the constitutionality OF the laws of 1876. he
action was brought TO recover damages for
frauds committed under cover OF the law OF
1870. the defendant and others conspirine to
present false aud fictitious bills for scton by
II the jury found that the defendant entered
into that conspiracy, he was responsible for his
acts.
TESTIMONY OF CRIMINALS.
Having read extracts from the testimony Of
Garvey and lneersoll, Judge Westbrook said II
was true that the testimony Of confessed Grim
that Of honest men. Yet this kind Of evidence
could not be wholly rejected, otherwise many
deed Of darkness would 90 unpunished. The
evidence ,If an accompIice might become verv
cont olilng when supported as In this case, and
II was Tor the Jury to say Thesne, , the accom-
ble the jury with the details of the disposition
Of the various sums Of money. IL they came TO
the conclusion that there was substantially
proved n division among the various parties
they might ipd that there was a consniracy
CHARGED. In that case the law was that each
nspirator was liable for the full amount of tho
wrong, and the recovery was not limited to that
amount which each conspirator received, but
each was II BILE for the whole but when tie sum
was paid by one u ended the matter 50 far as the
rest we're concerned.
The Jury, however. would not allow the plain
tits to recover any part OF the money which they
might nnd to have been justly owing by the
to consider that he told them he kept no exact
date, but had pretty accurate knowledge Of
the work done, and that IS per cent Of the bills
would he Justly due to him and at another time
he thought about ~ per cent. would be due.
GEORGE $. Miller thought about ~ Der cent. Of
Garvev's hils. covering the $4,000 sent to Albany
and the building Of ,nnolly's house, were false.
KEYsER's ADDITION.
If Keyser made out his bills adding 33I per
cent. for the purpose OF dividing with others he
could not make that percentage honest by saw
Ing tnat II would be justly due to him for inter
est. With regard to the New York Printing
Company's bills, and those Of Jacobus and sew
eral Others, he SAID " the Jury found that there
wa7 IA, q consniracy to deirand the CITY on
bills were handed In at the time that there was
a ngurine OF the percentage on these bills: as
irvey swears there was and " part Of 1t
went into Tweeds pocket, they would be justi-
hed IN finding that all the oils were fraud ulent.
But In that case 1t would only he fair to make
allowance for such part as In their judgment
was honest. II they found that there was no
conspiracy, then the recovery must he lmi' ed
To the amount actually received hy the defend
ant. In conclusion. Judge Westbrook said 10
knew that they woulc do impartial istice be-
tween the par les. No outside pressure
felt. Justice was blind IN seeing no prr,ies, but
her ewes were open to the force OF evidence.
lie felt satisfied that they would be governed
y an honest sense Of duty. and he prayed that
Heaven might give them wisdom.
THE VERDICT.
Tho jury retired NJ o'clock. and at 3:20 returned
ana aHnouu, ed verdict for the plaintiffs Of So
ilg,s4O.35. with interest IRON Sept /, 1870. to
March /, 1870 amounting to $l,SEl57.U3, making
a total Of s6.hS7 .ll7.b.
MIR. Field moved that an exec tion be heard in
the first instance at General Term, and proceed
iugs STAYED meantime MIR. Carter objected very
strenuously. The case had been DELAYED for
months and every obstacle had been thrown In
the way. IL was not denied that Tweed had
s.oen a large amount OF money aud the people
should be ut liberty to recover Whatever could
be recovered. MIR. Field, on a motion to set
aside the verdict, renewed all the points raised
~ him upon the motion To dismiss the com
r,a'n;. Sir. Carter moved for an allowance to
platntinTs counsel. Mr. fielo thought the coun-
sel mad been well paid. considering the amount
OF appropriation that mad Deen made for that
purpose. lie asked what percentage they
| thought they ought to have. Mr.. Carter said
about per cent. or S65,Q01, which, he supposed,
| was not as much ~ MIR. Field received, not from
| Tweed, hut from weeds friends. Mr.. Field
| thought they mad better compute their percent
| age on what they did not obtain.
Judge WestbroUk reserved his decision as "a
whether the exceptions should be heard In the
| first instance Mt General Term and upon tn
question Of allowance, staying meanwhile the
Tue suit against Tweed for 81 10000 has been
postponed until next Monday.