The New York herald., 1876-03-09
A Verdict of $6,537,117 3S
Against Tweed.
THE BARMORE WILL CASE.
Allegations Of Perjury and Fraud to Set
Aside the viii,
The Man Who Saw Fisk with a Pistol in
q New Role.

There was large attendance in the Court or Com
mon Pleas yesterday morning, IL being generally ex-
poced that the result of the Tweed So 600 900 suit
would be soon determined Counsel had summed up
The day previous but PRIOR to the delivery of the
charge OF Judge Wcstbrook he handed in several
requests which he desired 10 have embodied IT, and
there succeeded somewhat lengthy discussion be-
tween counsel TO testified to- necessta
ing the reading OF extracts from the record Notice
was also given that the jury for the trial OF the
81, 600 900 suit against W. NJ Tweed be in attend
lnce in court on Monday afternoon
Judge westbrook, in charging the jury, said that,
selected and organized as they were he need not
quicken thoir by recalling their respons
biliues The suit brought in the of the peo
pie for the benefit OF the county OF New York. The
Court had differed from the learned counsel Tor the de-
endant and II had declared that the action could be
brought by the State and the Court did not hold that
The county alonc could recover, that there
question that point for the jury The action was
brought for frauds committed under OF
the law 1870 the defendant and others conspirng TO
present false aud fictitious bills or action by the Board
Audit appointed by that statute. If the jury found
that the defendant did enter into that conspiracy
Ihen he responsible for his acts In
referring to the testimony of lngersoll and
Garvey the Judge said that, while it was
hey ought TO the credence that of
a against whom nothing could be said, yet that
otherwise many a deed of darkness would go unpun-
lshed. The te timony OF an accomplIce may become
very controlling when It supported by other evil
dence and 1t was Tor the jury entirely to say whether
the accomphces were TO be believed He then referred
to the testimony given by the contractors in relation
to the work which had been performed and also to tho
proof that the Board OF Audit audited the
counts He said he would not trouble jury with
the details of the disposition OF the various
OF money. II they believed there had
been division OF the moneys in ques-
tion among the parties according to the
n of ho they nd thpre
gas conspiracy charged. The law IN that
case that each consprator was liable for the iull
amount OF the money, and the recovery lin
tied to that which each consprator received but
each liable for the whole amount; but when
the sum was paid by any one of them that ended tho
matter as 10 the rest The jury however, would
allow the pantn TO recover any portion OF the money
which they might consider to be justly due and owing
by the county in regard to Garveys bills They were
10 take into consideration that Garvey told them he
had kept exact data, but had pretty accurate
knowledge OF the work done, and that thirtyive per
cent would be justly due him. and that at another time
he thought about twenty per cent would be /
due. Again, George A. Miller thought that about |
twenty per OF his bills would be a reasonable 1
charge. The whole OF Garvey's bills covering the i
$50 600 forwarded Albany and the building OF Con
ney's house were false II Kevser made out his
bills adding SO l3 per cent for the purpose of divid
Ing with others hc could not make that pcrccnare cor
by stating that II would be justly due him for
Interest. The Judge then called attention to the bills
Of the New York Printing Company as well those
p Jacobus and others, and observed that the jury
lound there conspiracy 10 defraud the city on
all bills by increasing them Dy percentage, and that
ngurng of the percentage ON these bills, Garvey
testlhed that there was, aud If portion OF
The deiendants pocket, alleged they would be JUS
tilted in nnding that all these bills fraudu-
lieut. Yet that II would be only fair
TO make allowance such their
judgment were honest. Again, II they the
conclusion that there conspiracy then the re-
ooyery must be limited 20 the amount OF money
ally received by the defendant Alter commenting at
length upon the of the Judge West
brook said he felt convinced that the jury would do
justice between the parties in litigation He felt
fed he said that they would be governed by honest
OF duty IN the matter and he hoped that Heaven
would give them wisdom
discussion then ensucd relative to the propositions
TO charge
Al quarter past one o'clock the jury retired. On
this occasion the swearing in of court officers take
charge OF the Jury dispensed with Of compli-
ment TO the gentlemen composing II.
After celebrating about two hours the jury
Into court, and TO the usual questions
bounced through their foreman, that they had found
a verdict Tor the painu1 in the of 81 7l9, a40 80,
principal; tLSl7,l77 03, interest from September,
1S70, to March, 1876; the total amount being
SO, ,53I, III IS.
There not much excitement incident TO the fore
gong announcement as the verdict rendered gem
traly anticipated After the rendition Of the verdict
Dir Field moved to have the exceptions heard the
FIRST instance at General Term. lengthy discussion
fnsued. Prosecuting counsel also made a motion for
extra allowance OF per cent The Court re-
served decision upon both motions