The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-29

or Of any taxpayer, other person or persons or
behalf behalf q Or II RICH, Of , The in.
during The said trial Tor the period Of hrsy asys sub
or esa ANY % BE-
served on him during the period .ore said ~. ,,,,
aforesaid he not be arrested called Tor ira on any
IN %sy S' With and that
said Rod criminal complaint sail DO made or indct
being the intent aud Of This s.ipuIsson ,sa,
a'd e.s s.ssny a. a e p a .. ~ s
Of this action. provided THAI tho plaintiffs s any time
swesny @ sisns attorney
prso a.s ,srs days shah be free
'''' '''p '''''" - :" CHARLES iii s. FAIRcHILD.
BENJAMIN K. pIGEr ss"''a'
wl RflTits t {. %Siif 4 Eis YORK
WHEELER o q. Fho%h aSan''a
Assistant Counsel
Under this stipulation Sweeny returned to New York
last spring. The following report from Mr. Peckham
and Mr.. Nash relates the further proceedings IN the
Sweepy case and the reasons which led to the final
action thereon consider that getting the $lo0, 900
in this action was under the circumstances fortunate
and the acceptance OF IT has my APPROVAL
Why THE COMPROMISE
Hon. CHARLES 5. FAiRcHILD. Attorney General -
sR-we have made an ARRANGEMENT IN the case Of the
People against Peter s. swoeny which renders uDneces
As was concluded in your absence 1t proper
should YOU action. though from tho con.
suit atoms bad previously held with you we had every
The matter came 10 point when we were Obliged to ACT
The action was founded on perpea.ea through
the action OF the Boara Of AUDIT composed Of Hall Con-
action Of Tweed and Connolly under act giving the
tine ely sn the
In both cases the raus were pepetraed by requiring
and allow the TO be retained by the puzzle
peers ~ vn ,hs Eases sno o''
Tho case against swceny differed from that against any
Der Of the Soar o. Audi. sharssd with any
IN respect to The claims iraudulently paid.
su
paid therefore. not in Itself evidence against him.
das hsre aiore made BY him nhsrc was no testimony Of
direct tons OF sweeny tending to show him
aparty tho conspiracy for the audit and payment Of
Our evidence would have as la other eases had very
concusively established gat but hryhy per cent Of
per paid Tweed and th forty per aud
ana The drawn ~ pan. o aa oyer 10
parties sharing the spes
ability that about eqaater OF tnis forty cent
ten per cent Of the whole claims audited xerc re-
James NJ then deputy cham crAin his brothernaw,
We could show this by the testimony of Ingersoli ana
an x s os ecI.s e on n
mating to a regular percentage.
ertv purch money used by b. sweeny and
comparison Of tho same with payments OF James ~ we
amounting during the eriod OF the Board Of audit to
either lime proportion They indicated an agency
In addton to this evidence we had general proof of
ana son intimacy Of Peter d Win Iwssd aad
These proofs were deemed ample TO warrant the com
The surcs che and the situation were not col
elusive but were certainly such as TO call Tor IN expana-
The defendant however OF the jurisdiction The
a a, that be noa be Se 20 explain all 80 Gn
the large bail which woLd be demanded should he return
It was then concluded to oGsr 70 put the bail at such
the defendant conld give II he would return for
the trial such an Offer maae but not acted on.
II then determined 70 offer to allow him to return and
That and accepted, and the 10th day of
December 1919 the stipulation was given under wni he
returned allowing him 10 remain durn and Tor thirty days
alter the trial without arrest.
sweeny that could he ound was attached It's present
value. and anoye nsumor noes was estimated at
$2o2,5OO, less his wie's rig OF dover Much the most
yaIuabe part undivided interest and suoi ct
Had recovered Judgment could have enforced IL
on, GU. OF that propsy our stipulation would %avs
the stipulation he never would nave come
property, u our best judgment that sale
Of the execution woula be very unlikely realize
Moreover had we ailed connect sweeny with
spracy and recovered iron hun only tue ctualy
could have collected such comparatively small amount
ss ons bom as had q
The RUE that the c.lectiou o. Any one q several jnds
With the defendant and oolig ether AXE
or 70 20 on 70 TIE ana Tujee, himself 70
but could not shut our eyes TO the possibility Of dis
The question Of the moral effect OF verdict not
In the first place, have said. a verdict
In the second place. II we had secured verdict the
effect Of might have been greatly esssned oy ne
by virtue OF the stipulation under wnicn he bad come
garchy Judicial adminstratiye. should haso
less has produced all the moral effect that could oe Oh
from the rendition OF a verdict in this Gaze.
account OF the demands sued for deemed IL best
Tor the public interests TO accept the same.
or course mindful Of possible pleas Of release
accord and sasfacon In yet pending ease aud Oh that
OF the estate OF auIts " Sweeny deeetscd
terms ct 'ss saSmens Ire sanoc eash $1,000
Trusting action meet with your approval
WHEELER, H. rEcKHAx.
TwEyD's CASE.
Soon after Tweeds return am informed that he
letter TO Mr.. 0Conor. dated December o. 1876,
Offering to put al the service OF the people AL hs prop
erly ana all his knowledge No one addressed me on
the sujec oil that letter un February last when
John d. Townsend introduced himself me, represeut
ing that he WAS cou nse Tor Tweed aud wished nego-
tiate Tor Tweed's release Reluctantly, and becausu
felt that duty required me fairly TO Try TO make Tweed
tho puDlic entered upon this dstasteiu duty.
soon aitcr Mr. Townsend sent me the following note
NKw DIRK, Fep. ~. 1877
Hon. cHanlEs s. FAIncnnp. Attorney General:
letter Mr. oConor. shortly after he brought
sss sss s s Sys
With this note copy Of the letter TO Mr..
0CoDor then FIRST knew the contents Of that letter.
Subsequently Mr.. townsend and other accredited
agents OF Tweed called upon me, and at Tweed's rc-
quest, sent through them, called upon him AT the
Jail three times IN company with Mr. Townsend
aud Mr. PecKham, once with Mr. Bry ant, an agent OF
Twced aud once alone
Tweed and his representatives were always told that
the counsel Tor the state would not question him until
he had nrst made, In hrs own way. q fun statement IN
writing OF tho testimony which ne could give, and OF
the documents and circumstances by which his oral
testimony could be corroDorated lie to give all
he could. no matter who affected, or whether he
deemed the persons and matters referred to important
or unmportant; OF that the Attorney General was 10
be the Judge.
EEoCmEMEsrs ov THE ATTORNEY GENERAL.
Mr.. Townsend was a witness before the Committee
OF the senate 10 investigate certain allegations against