The New York herald., 1876-03-03
Charles O'Conor Entering
the Forensic Lists.
Still Tanning the Embers Of
the Lawrence Suit.
THE PROTECTION AGAINST THIEVES on PALACE CARS.
Verdict for the City Of Over 100000
Against Harry W. Genet.

suit before Judge Westbrook, were renewed some"nat
of their stereotype tediousness by the appearance and
active participation In the of Mr. Charles oConor
Notwithstanding his recent protracted illness, the
great advocate and eminent special peader appeared
10 be in the enjoyment of very good health and
tainly, when he spoke, did with something OF tho
old FIRE Characteristic Of his forensic efforts in the
pamiest days Of his professional career AS hereto
fore the court room densely crowded, a new in
terest evidently that the defence has entered on
its case, having been awakened in the litigation.
The FIRST witness examined by Mr.. Field for the de-
fence yesterday Mrs. Garvey, wife of Andrew J.
Garvey. She testified that when her husband was in
Europe she visited Mr. OConor; that he promised that
her husband might return without molestation, and
that she telegraphed to him to that effect
Richard O'Gorman Corporation Counsel in 1871 tes-
titled that he instituted civil suit against Tweed on
behalf of the Supervisors OF the county and that it
begun in good faith that he retained George Tick
Curtis and Judge Porter associate counsel and
that they gave their best attention up the time
of his retirement from Office.
Crossexamined by Mr. Peckham-In 1870 his term
Of Office extended by the Legislature having
doubt of their power extend the of elective
Office he accepted the office from Mayor Hall Tweed
then member of the senate he considered it his duty
as Corporation Counsel to bring the suit on behalf
OF the county, for which purpose he got authority
from the Supervisors; this occurred to him at the
time of the suit OF Foley against Connolly, Tweed and
others; his suspicious aroused as to gross mis-
management of municipal matters; these suspicious
aroused by the a1idavits of Tweed and Connolly
for what they did not contain rather than for what
they did; he began the suits by order OF Mayor Hall
he suggested that those suits be brought and Mayor
Hall said Begin those suits at ~ witness asked
sWhom shall 2n Mr.. Hall answered 'Sue Con-
molly, sue Tweed sue the Watson executors, and sue
mysef;n witness never settled the matter with the
Mayor or served a complaint on him; he did not go
much into the facts as to whether the frauds were
nj wit lavy
questions he questioned Connolly; he also had long
interview by appointment with Deputy ty-Comproler
Green and requested the aid OF the officers of that de-
partment he had not ascertaned any facts when he
brought the suit; Mr. Green told him that Mr. Tlden
the evidence would be forthcoming; the suits
brought to compel Tweed, Connolly and the other
defendants to refund the amount which each
might be found to have misappropriaed and did
not hold each responsible for the whole amount
stolen; he refused TO allow Mr. Peckham General
Barlow to bring suits his name he said TO them that
if they put the facts before him that would justify him
he would bring suits against designated and
retain them to assist in the prosecution; he had no
collection whatever of saying to Mr. Peckham, ~ de-
cline to sue any head Of department. and as to the
others will think over It,"
sn fact - SAID witness holding up paper sjust as
soon as you left my office called in my chief clerk,
related the conversation to him and he took it down in
writing Here 1t is" (Laughter.)
"Why did you think the visit so important that you
snade memorandum? ?' asked Mr.. Peckham.
sDo not ask me to answer that question:
- II want an answer TO 1t.
because thought your visit suspicious, and that
among your objects one to put me in false posi-
tion. appearing unwilling to bring SUITS and thought
1t safer to make note oft"
SHOW 10 so suspcious2"
.'Your asking to allow you the of my official
name to bring suits; thought that suspicious"
'Perfectly''
''You have not. stated 1t correctly" spoke up Mr.
Mr. Field undignantlyl-Now must protest against
this He has no right TO say that Let Mr. Peckham
go on the stand If he has any statement TO make anf
on further crOss-examinai,on Mr. o'Gorman admitted
that he made no effort to arrest attach the defend
ants; they arrested IN the Peoples SUIT and ho
had no suspicion that Tweed would run away.
Re-examined by Mr.. FicId-lt occurred to him
that his appointment by politicians should influence his
conduct public officer Foley obtained injunction
against Connolly and stopped the wheels of the city
g0vernment witness held that the suit did not lie;
that no individual could sue behalf of the city.
q How was 1t that these reformers were able TO OBJ
tain from Judge Barnard injunction that every
lawyer regarded with contempt2
Wtness-All can say is that he granted 1t; II
time OF great popular excitement
1t was at this point that Mr. 0'Conor entered the
court A number OF gentlemen stood up and handed
him chairs. HE took his seat at the table of the plain
tins' coupseLs
MT O'Gorman further examined by Mr. Field as
TO his conversation with Messrs. Peckham and
Barlow and he said he told them he did consider
his Office OF Corporation Counsel political one, and
that he was unwilling II should be used for political
purposes.
ing Of the Court Mr.. George Ticknor Curtis called
TO prove that Mr.. OGorman retained him in the suit
against Tweed
Mr.. O'Conor said he was astonshed to hear the evil
dence given to-day. He said 1t wholly irrelevant
10 the issue whether the defendant had committed
frauds not The action he said, was brought under
the statute Of 1875 which gives right Of action wholly
Irrespective OF other lie objected to wasting
more time questions asked for the sake OF having
something TO talk about there defence in
terpose He spoke for nearly half an hour insisting
against the relevancy Of the evidence question and
further that His Honor not to assume as to the
good or bod faith in bringing the action He spoke
very emphaticaly. using pretty PLAIN language and
evidently meaning what he said.
Judge westbrook said that he would hold that there
"a frfaI
raise the question Of the bona des OF that other suit
Mr.. Field, reply, said the learned counsel had
right to say in this or any other case that there
defence.
The defence sets up that there three other ac
tions pending against him when this one was com.
menced. No doubt that extraordinary piece OF legsa-
tion, the act OF 1875 authorizes bringing this suit
matter how many others were pending but surely HIS
Honor would not hold and say that while Mr. Tweed
was bound by three suits, another Tor the very same
matter, could be brought against himS Thank Heaven
have constitution which says that no man can be
deprived OF his life liberty or the pursuit oil happiness
without the process OF law
The Legislature could not authorize the Court to try
Mr. Tweed different from any man the jury The
only ground which the Legislature could possibly
authorize this action would be on the ground bad
the others and they do MOI state that In that
way he considered the testimony was pertinent
Mr. 0Conor again moved TO strike out the testimony
rs TO Mr.. O'Gorman's good faith.
The Court granted The motion, but added that in
the purposes OF this there no evidence OF bad
faith, and would assume that was brought In good
faith.
Mr. Field here called for tho production Of letter
Hom tue attorney Gcnera 10 Ar " CohOf from "hich
II would be shown that he had authority TO compromise
suits.
A copy was handed In.
Mr. Rufus r. Andrews was called by Mr. Field 10
prove that he was counsel for Connolly and that Con-
molly resigned by virtue OF arrangement with the
authorities that he should be moosted. This
offered with view 10 show that IL Connolly was exon
Grated Tweed should be-
Mr. O'COnOr said there never was a more monstrous
proposition dressed up from mere leather ana prunea
and called law One scoundrel told he won't be pros
ecuted ana therefore another Of the scoundrels who
money ted
The Court allowed the testimony. Mr. Andrews then
related interviews OF himself Connolly with Mr..
Havcmeyer and Mr. Tilden, at which II was arranged
that Connolly should delegate his authority 70 Nr.
Green; witness cannot remember which OF the party
guaranteed an indemnify to Connolly Counsel then
put evidence copy OF the judgment roll In the case
or the People vs.. the Executrx Of James watnon In