New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-28
THE COURTS.
NO RECEIVER TO SHIELD TWEED.

NO RECEIVER TO SHIELD TWEED.
JUDGE DoNOHUE REFUSES To GRANr THE MOTION
IL THE PECULIAR SUIT OF DEyLIN, IWEEDs
BONDsMAN.
The suit of Charles Devlin against the
Mayor and others yesterday before Judge Donohue
Supreme Court, Chambers Oh the longdeayed motion
10 appoint receiver for the ci to conduct suits against
Garyey, Irgersol, Keyser gnd others, who received
portion Of the Ring plumber in 1870 Mr.. Deyn, who
was Tweeds bondsman in several OF tie criminal SUITS
and who has contested his liability on those Donds
brought suit a taxpayer, charging that heyser
Garvey Ingerso and Watson cOnSpred together to de
fraud the city and county in 1870 and that the Corpora
ton Counsel and the Attorney General have been de-
nquent in pursuing them. The suit brought under
an act of 1872 permitting any taxpayer 70 sue to pre-
waste Of corporate money The waste charged was
the alleged failure to pursue keyser Garvcy Ingerso
aud Wason's estate TO the fun extent The answer ~
the defendants in this proceeding was that after fu
consultation they mad decided to pursue the chief officials
who had made the robbery possible, and had
shared in it, and to accept the aid Of the
mere assistants in the peculation in order
to reach the official heads without any positive agree
ment but with the ordinary understanding that man
who States evidence should be to some extent
protected and that the appointment of Devns receiver
would be utterly fatal against Of the real
heads of the Ring of 1870 by deprying the prosecution
OF Witnesses Judge Donohue refused to interfere with
the present management of the Ring suits by appointing
a receiver.
Dudley Field on behalf OF the plaintiff presented the
motion very briefly.
Wheeler II. Peckham for the defendants after men
tonng their answers, which have been already pub
lished stated the contents of affidavit made by HIM
SELF giving the history Of tao litigation In 1871 the
frauds were published but without proofs The Com
mittce OF Seventy formed and appointed George C.
Barrett Abraham r. Lawrence, Gen Barlow. and him
self to inquire into the frauds. Gen Barlow and he
tried the Corporation Counses office and made nm effort
to get Ingersos testimony Then he learned that Key
sci was willing to give his information, and at night
The hour being selected account OF Keysers fears
Nessrs Green Barlow, Keyser, and himself examined
the Keyser warrants the Controllers Office. Keyser
declared of the Endorsements forged This was the
foundation step OF the proofs Mr. Tilden, now Gov.
Tilden, suggested sending for the president 6 the
Broadway Bank He came and offered TO lay open
the OF the bank and Mr. Tden charged himself
with examining them, with results well known. The
Attorney General on these proofs employed Mr. OConOr,
who associated with himself Mr.. Eyarts, exJudgc Emot
and Mr. Peckham Suits begun in the name OF the
People il being thought that the local authorities were
friendly TO those who should be sued. 1t intimated
that GarveY willing 20 give his statements, and some
assurances given to Garyey. He gave information
in these suits and cognate information which aided in tie
Impeachment % two judges, and the virtual coAVct"h
The civil suits had been virtually under his DIr. Peck
hans control, however begun. There were civil suits
convicted OF crime and pardOned for the purpose
using his testimony in these suits IN some OF them MS
testimony was absolutely necessary No agreement had
been made with any one. yet these men, OF
pected the ordinary protection Of persons WHO turned
states evidence, and had reason To expect IT, No under
standing even had been entered into that they should
be prosecuted in civil suits. yet those In
the testimony Of these men was needed, il
was better to postpone tue e"nsiderton r OF WS
adopted had been first 10 pursue persons in ONCE who
had violated their official trust and necessary To reach
fl.rD IN uSgf he eVi
guilty aiders aud abetors This policy had been con-
cured in by the State legal authorities, and after
tain time, by the local legal authorities There were
now suits against Sweeney-the suit AGAINST Jane
estate in which Judgment recovered aud against
others. The Keyser assignment was private arrange-
which the city authorities had refused Ia accept for a
VI legal complications favorng Others than Keyscr
Dudley Field for the motion, argued az lengti that
bring such suit ts and II he showed that wa e was
probable from the action OF the authorities, he had
right whatever his motives, TO have that waste pre-
vented.
Mr. Peckham argued that the complaint merely
information and belief, emitting t. charge the chic
consprators giving details OF the frauds, not even
directed against Garyey, keyser, and in2srsoi VINO
only nominal parties TO the action but against the
CITY and state and their officials Assuming that tho
plaintiff had any right. was IL TO be said that every tax
payer had right to n Receiyeri How many was the
CgHt TO appontt Assuming that Il was dissIet,on4ry
only taxpayer who applied was the irienl ana repre-
sentative II Tweed All interested in these suits for ae
public had come TO the conclusion 10 pursue the guilty
officers frst and this mad been done Win some entrg
The prosecuting counsel had acted on general rule.
When was question between Marsh and bei.nap the
universal feeling of the country was that the witness
should lie excused to convict the guilty official. Would
IL not be shock to pabc sentiment II IL should oe ne
cided that Tweed Sweeny and Connolly were 20 escape
that ngerso ana GarVey, their tOOs-perhaps Wiling
tOOlsnigbt be punshed II WAS for his Honor 70 de
eide whether he would protect criminal officials by say
ity could be made between the participants ~ ths,'
crime, who necessary witnesses, and The officers lie
Judge Bosworth answered at some length, Insisting
the hight Of the plaintH TO bring ms sul ana 'de IL