New-York tribune., 1876-03-02
TVEED'S DEFENSE BEG UN.
MOTION TO DISMISS THE COMPLAINT

MOTION 10 DISMISS IfiE COMTLAlNl'
DAVID DUDLEY FIELDS oPENING-TwEED NOT ABLE
TO GET FAIR TRlAL-DEDUCT1oNs TO BIZ MADE
FROM THE CLAIMS AGAINST HIM-POINTs FOR
DIsMIssING THE COMPLAINT.
The trial of the suit against Tweed for
Sc 100000 resumed yesterday before Judge west
brook in Supreme Court Circuit Arthur f. Smith, for
mery I'm the broadway Bank but the employment
OF the city, was called and his examination occupied the
whole morning session He went into close analysia
OF the figures OF the schedule made up by Gov Ilden
showing that the amount probably received by Twcoo
was 81 523 555 01, which was % per cent OF $o,oSt
223 "a, tho 80 fraudulent warrants amounting 70
$619S,957 85.
After recess Dudley Field opened the case for the de-
fepse lie briefly reviewed the history OF the Court
house from the time when the building on the present
site was burned down in S54 to 1863 when the super
yIsors claimed control of the matter and Mayor Opdyke
opposed them. mandamus was Issued against hin'
Mr. Field said "The lawyer who got the inanhamns
from Judge Barnard and had it affirmed at the General
Tern was a gentleman who was afterward member OF
the Committee OF Seventy, and the lawyers who mado
the first opposition to this fraud were myself attor-
uey and Mr. ID. ID. Field counsel We were not com
mended by the press for efforts and never heara
that the opposing counsel was abused because he TOOK
the side OF those who were seeking defraud the city,
This mandanus gave the Supervisors full sway In
seven years the Legislature appropriated for
the building When the final exposure came, the plain
remedy was to sue all who had proted by the fraud In
the name of the county That suit certain per-
snns They said Tweed had dcnoraized even the
Judges Tweed could get fair trial When convicted
for misde neanor the lawful punishment helng year
tmpr ,onmcnt and $3.50 fine. he WAS sentenced to IL
wears Imprisonment and $4,000 fine. and the people
shouted "AInen, Halllujah" When this unjust SEN
fence was reversed by the Court of Appeals howl went
up against them.
Passing 10 he suit itself Mr.. Field argued that the jury
coud oul nd AGAINST Tweed on each particular item for
the an cunt proved to have been received by him. Ih
must deduct the value the city had actually received
They must deduct the amount received by others raud-
lnty nnl,ss paid over to Tweed Tho defense did not
here deny they never had denied that In suit properly
brought by tho proper parties Mr.. Tweed may be Snd
should be ompcled refund any and all sums that ho
ia shown to have improperly taken from the City and
Conuty of New-York bat Mr. Field argued at lcngth
thai that was the extent TO wnich justice would permit
the plaintiffs to 80.
Mr. d. d. Field then presented motion, OF which the
following is the substance
The defendant Tweed at the close OF the plaintiff =
evidence moved first, to strike ont AL evidence cohGr
ing the Printing Company account ana tiOSe OF htll,
Lock wood Jaeobu., j. ". Smith, and Marrenor; and
secondly to d siniss the complaint AS follows:
OF the plaintiffs c 'im FOR $6loSy2l oo upon @ doo
given % OF the bllls-thosi' OF Archibald H lr.'
\. W. lockwood. the Eew-fork Prntini Com
tur.ng SiationcIs, j. W. Smith, 9. III. JacODus,
aud T.. Mlrrcner, amounting IN the aggregate 10
SCI U70 40; to these the complaint must be dis
mi -sed the remaining I'D billA, the warrants IO 40
have never been indOscd By The payceS hui the indors
ments were forged. that IN Judgment oI law These
warrants are still unpaid AMI the county having suHefed
against the defendant therefor, he not beng shown to
nave had part. .ciDatOn IN tie forgery.