The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-07
Sudden Termin tion Of the Swseny
Trial. - .s..M-.a

Sudden Termination or ths swseny
Trial. ts..~-.e..
There will be considerable diversity of
public opinion, if not as to the expediency.
at least respecting the justice, OF the settle
ment Of the Sweeny case, which was reached
yesterday, with the mutual consent Of coun-
sci and the appreciation Of the Judge. In
stating to the jury the fact that On arrange
ment had been consummated which would
dispense with trial Judge Westbrook said.
with a vagueness little calculated to satisfy
public curiosity, that the estate of the late
plaintiffs "a considerable sum OF money" OH
account OF the demands sought to be
recovered. The counsel on both sides are
reticent as to the precise amount, but from
o source deemed authentic we learn that it
is only two hundred and fifty thousand
dollars, although the suit was brought for
the recovery of seven millions, and the
small sum offered and accepted is not to be
paid by Peter B. Sweeny, the defendant, out
OF his own property, but out OF the estate
of his deceased brother.
The theory of the settlement is that Peter
B. Sweeny was not on accomplish in the
Ring robberies and did not share the plum
der, but that James NJ. Sweeny received,
without the knowledge of his brother, five
per cent on three millions of the stolen
money. 1t is understood that Peter B. Sweeny
admits the force Of the proofs that his
deceased brother shared the plumber to this
extent and acknowledges the justice of res
titution while asserting that he had no
guilty knowledge of the transaction. Judge
Westbrook having Endorsed this basis Of
settlement it has all the title to respect
which may belong to his approval; but until
the public is better acquainted with the
facts there will be great hesitation in accept
ing his conclusion except SO far as it may be
founded on the technical rules Of evidence
We are quite prepared to believe that there
is no sufficient legal evidence either that
Peter B. Sweeny received any Of the Ring
money or that he shared that paid to his
brother. II this be SO the counsel for the
plaintiff did wisely in accepting the
defendants offer, since a suit cannot be
maintained on moral conviction, but only
on legal evidence. But the statement of
Judge Westbrook that, in his opinion, the
terms of the arrangement s'involved no con-
cession by or reflection upon the defend
ant" would seem to exonerate the defend
ant from blame. The public will be slow
to accept this MS moral acquittal while it
knows SO little Of the bottom facts.
MIR. Sweeny has not acted like man
strong in conscious innocence. The fact
that he absconded from the country, that
he returned only under a sort of legal ''safe
conduct" giving him thirty days to get out
of the country again without arrest on
criminal prosecution, has an unfavorable
look. 1t is not customary for innocent
men to exact such stipulations. The nat
ural presumption is that an innocent man
would scorn to accept them. Then, again, it
seems improbable that a man Of SO much
penetration and such thorough acquaint-
ance with human nature as Mr. Sweeny
should not know what his associates in the
Ring and his own brother we're doing. Be-
sides, what motive had the plunderers for
bribing his brother, a man without influence
and Of no account?
And yet there are people who will accept
the opinion Of Judge Westbrook. So far as
we know it has never been charged
that Peter b. Sweeny directly accepted
any part Of the plumber, the impress
sion having been that his brother
was his agent. 1t will also be remembered
that when he held the office Of Chamber
lain nc paid over to the city, year after year,
large amounts Of money which he might
have retained, in accordance with the prac-
tice Of all his predecessors in that office.
That fact seemed to indicate that he cared
more for popularity and power than for
money, for he relinquished hundreds of
thousands of dollars which he might openly
have taken without reproach. That part of
his history may incline some people to be-
lieve that the remark Of Judge Westbrook
ought not to be rejected until tho public
gains more precise knowledge Of the facts
on which il is based.
War News.