New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-06-29

In the nrst place, as we nave seu 'erc' ""S ""'
In the second place, II we had secured verdict tho
effect OF IL might have been greatly essened ny
the spectacle Of the defendant safely departing from our
shores by virtue of the stipulation under which ne had
come.
Again. the total destruction or the so-caed Ring oil.
garchv judicial and administrative should nave ana
doubtless has produced all the moral effect that cOud De
obtained; il not IL would have been hopeless TO expect
It from the rendition of 2 verdict in this case 90
Under these circumstances We were offered *iVO'VVV
on the demands sued for and we deemed It
best for the public interests 70 accept the same.
lease or secord and satisfaction YET pending and
that account deemed safest TO accept ths sum rs
payment account Of the estate OF James NJ Sweehy
The Terms Of the pavment are 100000 cash; $50 900
in thirty days, and 100000 in live months, with III
Trusting our action may with your approval we
WHEELER II. PEcKHAM,
June 7. 1877. s. P. NASH
THE TWEED CASE
Soon after Tweed's return l am informed that he
sent letter TO Mr.. O'Conor, dated Dec. q, 1876,
Offering to put at the service of the people all his
property and ali his knowledge No one addressed
me on the subject of that letter until February last
when Mr. John ID. Townsend introduced himself 10
me- representing that he was counsel for Tweed, and
wished to negotiate for weeds release. Reluc-
tantiy, and because | felt that duty required me
fairly TO try 20 make Tweed serve the public.
entered upon this disasteful duty. soon
after weeds letter to Mr.. ,OConor "as sent
to Mr.. Farchlid by Mr.. Townsend. Suisse
quently he was visited by Mr.. Townsend and other
accredited agents Of Tweed. and he called on Tweed
al the iail three times. Tweed and his representa-
tiyes were always told that the counsel for the state
would not question him until he mad first made, III
his own way, fall statement in writing OF the tes-
! tlmony which be could give, and of tne documents
and circuns ances by which his oral testimony
could be eOITOb0rated. He was 10 give all he coud,
nOmattel who was affected, or her he deemed thc
! persons and matters referred 90 important or un-
| important; of that the AttOrneyGencrai was To he
the Judge. his statement when given. was 20 form
the basis for a critical examination of Tweed by the
Il, ral mr.
truth and learn the value OF his testimony. III was
also necessary that careful examination should be
made, Ia see that Tweeds testimony dd not conhcl
with independent facts and with other evidence ana
TO If 1t could be cOTob0rated 10y independent tes
/ should appear that Tweed had tired fully ana
frankly 70 live up 10 the spirit OF tins letter to MT
O'ConOr, and honestly 10 put the people IN posses
sion of all If his evidence the guilt OF others then
the counsel for the people were II further eXalhn
| him upon any matters which they might think thai
he had overlooked. II 1t was then found tnat tweed
could he oi such service 10 the people as TO justify
his release be was 10 he eAacncd as 70 tho amount
of his property was 10 surrender al of H. and was to
/ be set free and used by the people as a witness.
MR.. TowNsENDs STATEMENT
! No statement attempting 10 meet tie above mem
toned conditions gwen to me until the 18th of
April 1877, at II o'clock in the morning, when MIR.
Townsend handed me III the Att0mcy-Gen-
erals office the document which was to
be the basis uuon which an examination such
i nave described Na9 10 DC lhdl', 40 "NctI-
tain if the testimony of Tweed could be made of
such use the public to justify his re5ease and
immunity from any further punishment When Mr.
Townsend gave me the document, an agreement was
made between Mr.. Townsend and myself such as
MI Townsend IS reported to nave testified u on page
- Of the printed testimony III the Noodih lhYesu-
CATION The following iS The testimony:
O. Whom you delivered that statement to The Attorney
General, what tie agreement. il any. between yon
and The Attorney General to making l6c con .es oi
3 A. a
unless nr. Tweed be r leased ilom imprisonment, ana
be he accented such purposes as he chose 10 use him
ful thc paper ~ bo returned 10 me without any oAc
seeing It, except such gentlemen as lie found necessary
to consult with III relation t. II Hr Peck"un ed 90
not know but others t5at was the under STANDING.
did consult with your Excclcncy aud the Cor
p0raton Counsel ant Controller of The City Of New
YORK. a. tlc Il ads OF the law and finance depart
meutS of the city which was 10 be moSi affected Ly
my determinations. | also consulted with The lis-
trict-AtoTney of the county 10 criminal proceed
ings After tue statement was dohvtiet t. me,
showed !: to =. L. Farcind, 10 hr. Iisdcn, ~ 'r.
Peckham, and to Mr.. Whitney, the Corporation
Counsel. read portion Of II 70 M. Bsei0", Tie
Secretary OF state, and Mr. PcckiL.n I'M
formed that Mr. Nash read a small per
ton % II white II was in MT Icckhas poSr' rsion
These are all the persons who SAW II or heard a
read between the time il was delivered 10 i8e on
April II and the time returned it to Hr I0wusend,
June u. Alter the statement was received Il WAS
necessary That the examination i"i WHICH, 40 h3NS
be fore ted, II Was to be merely tie nsS-the c.
ginning should be made. Mr. OC"""r de liRed
because OF are ana healtt, ana because n iad
already served tic put IN these matters until he Was
weary. then sent FOR Mr. Pec.ha,n, ard requested
him 10 examine aad study the matter, SrH after
ward 10 examine Tweed upon the various subecs
touched upon IL tlo document. also requested Mt.
Whitney TO do the same thing. B0ii did so Mr:
Peckhan also examined Tweed upon The ilst OF
checks appended 10 the statement TO learn for what
purposes they We're given, and What wrongn were
committed with them. MI Peckham informs me
that when examining Tweed he made certain ncnGl
memoranda upon the MAJ Gil OF the pages. Those
memoranda were on thc document when retained
il 10 MIR. Townsend; otherwise 1t was IN the same
wien ! ~.
An examination of Tweed by hessys. Wiituey and
Peckbalo show ed fatal variance i,otWecu ms de-
libcrate written statement and his yorbai statement,
made after he had probably discovered what Ies'i-
uuny would he OF value Ia the case. Tie results 70
he obtained IN Inc Swe"ny matter alone mover, ~
my judgment, justified the release Of Tweed, and
did consider him necessary 10 The success o1 tho
people III that acton.
TIE DOCUMENT VALUELEsS.
The document was returned to hr Townsend on
June ~ and Air. Faircbiid argues that it would
have been difficult for him to have given il due con-
side1ation, conducted the necessary examinations,
&C. on less zine than was takcn-nine weeks. lie
adds: IL decided when ! had read the document
once that of itself it failed TO disclose evidence sui
fciert 10 Justify Twceda release. 1t made many
promises. but stated few facts Of legal value
aud those mostly uncoriobo-ated' duecle9
few individuals of any Importance ana
Is to them 40 testimony was shown when nom
Tweed, tosifyiDg To get ont 81 jail, would he con
sidCrcd by any court. / could Ina amer ur most
careful examination of tins statement Hu Use mat
could be made OF ~ eed rs q witness 10 any action,
prosecution. or proceeding which would Eot be so
barren of practical results as 10 make me admins
tra,0n OF ju'tice "a mere mockeTy saOuid he be re-
leased 10 give the testimony ~ rom disclosed.
but determined to exhaust every means 10 make
him OF substantial service before giving ihin maj
decision thinking that the un-lilfulucss 81 weed
aud those who assisted hin IN preparing the docu-
meit uught possibly account Tor It's usclcssess 10
accomplish any adequate result IN legal proceed
ing aud hoping that critical examination ~
1,crea upon the document by those more skilled
.---,il 4 r.hnu facf. which womb be Of nIre