The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-06-29
Attorney General FalrohiId's Report
to Gov. Robinson.
Sweeney Compromised with Be-
cause His Property Could
Not be Reached.
Tweed's Statement Rejected Be-
cause No Reliance Could be
Placed on the Old Thief.
The DupllOlty Of Mr.. TOWnsend-Hs
Pleads for Tweed's Release 10 Con.
vICt Sweeney and Holds q Re.
talner for the Defence OF
tho Latter.

New YoRK, June oS.-AtIorney Gen.
eral FairChild, in his report to Governor
Robinson upon the Ring suits, encloses
report from Peckham & Nash counsel
for the people in the action against P. B.
Sweeney, which says: 1.-THE case against
Sweeney differed from that against any
other Of the parties prosecuted, in that
he was not a member OF the Board Of
Audit, nor an officer charged with any
duty"
In respect to claims lraudulently paid,
except the evidence Of Ingersoll, there
was no evidence to show him q
party to the conspiracy for the audit and
payment Of these fraudulent claims.
By examination Of the bank accounts
and the property purchased and the
money used by P. D. Sweeney, and com.
parison Of the same with the payments
Of James M.Sweeney, we are able to trace
large sums from J. NJ. To P. B. Sweeney,
amounting TO $2SS, ,l20. These payments
indicated an agency OF James NJ. for
Peter B. Sweeney. When action was
commenced all the property OF
Sweeney that could be found was
attached. Its present value, over and
above encumbrances, is estimated at
$252, 500, less his wife's right Of dover.
Much the most valuable part was an un-
divided interest and subject to large
encumbrances. Had we received iudg-
ment we could have enforced it only out
Of that property. As to the property, il
was our best judgment that sale OF the
same on an execution would be very un-
likely 10 realize over say 100000.
In reference to the efforts made to se:
cure the release OF WIN. Tweed, Attorney
General FairChild says that Tweed and
his representatives, were always told that
the Counsel for the State would not ques.
tion him until he had first made in his
own way, full statement in writing Of
the testimony which he could give, and
OF the documents and circumstances by
which his oral testimony could be sus.
tanned. He was to give all he could, no
matter who was affected, or whether he
deemed the persons referred to import.
ant or not; that the Attorney. General was
TO be Judge. Iffrom such statement il
should appear that Tweed had
tried honestly to put the people in pos
session Of all his evidence OF the guilt OF
others, then the counsel for the plaintiff
were TO examine him upon any matters
they might think he had overlooked. II
it was then found that Tweed could be
OF such service TO the people as to Justify
his release, he was to be examined as to
the amount Of his property, was to sur
render all Of It, and was to be set free and
used by the people as u witness.
On the 18th Of April first received from
the counsel Of Tweed the document which
was to be the basis upon which the ex.
animation was to be made, to learn il the
testimony Of Tweed was Of such public
benefit "a 10 Justify his release from any
further punishment. When Mr.. Town.
send gave me that document, an agree.
ment was made between him and myself
such as Mr.. Townsend testified to in
the Woodin investigation when he
said that there was distinct understand.
ing that unless Tweed be released
from imprisonment, and that he
be held for such purposes as he
chose to use him:for, the paper was 10 be
returned to me (Townsend) without any
one seeing it, except such gentlemen a.
he (Fairchild) found necessary to consult
with in relation to it. After the statement
was delivered to me l showed it to s. Q
Fairchild, to Mr.. Tilden and to Mr..
Whitney, the corporation counsel.
read a portion OF it to Mr.. Bige,
low, Secretary OF State, and PeckhSnl
informed me that Nash read small por
ton Of it while in Peckham'S possession
These are all the persons who saw it OIL
heard it read., The result of the exam
ination showed that Tweed would be O.
value in the Sweeney action and in th(
action in which the city was defendant
In regard to the latter, Tweed in his writ
ten paper made an assertion which rem
dered his testimony nearly valueIess; thi
portion he contradicted when examined
by counsel. There was then, in my judg
ment, vital variance between his delib
crate written statement and his yerba
statement made after he had probably
discovered what testimony would be o
value. The results to be obtained in tn
Sweeney matter never, in my Judgment
justified the release OF Tweed. l coulC
find, after careful examination OF hi
statement, no use that could DO mad
Of Tweed as witness in an,
action, prosecution or proceeding whicI
would not be so barren OF results as L
make the administration Of Justice mer
mockery, should be released. Twas as
tonished 10 learn from the counsel @
Tweed that while he was urging his re
lease, and urging his use as witnes
against Sweeney, he had himself accepte
a retainer as counsel for Sweeney
After learned this and other thing
about this counsel / feared that whe
he had accomplished the release Of hi
client, Tweed, that his work would ther
begin for Sweeney. Inone Of my inter
views with Tweed he volunteered
statementt to me, which l knew was ialst
but made no comment upon Il, becaus
then wished rather TO learn whethe
Tweed was disposed to tell the trut
than to learn what the truth wa
One practical suggestion was made b
Tweed's council which was that Tweed
old checks should be privately taken /
those whose names were upon them an
the checks offered to them upon th
payment OF their face. Mr., Townsen
thought that many Of these persons woul
be glad to save themselves from III
modification Of having the facts mad
public; that they had Tweed's check
and that they might be afraid that III
, was 10 be done with all OF Il
J checks. Townsend urged me to do III
and to employ him him TO collect Il
money. For this service he said
would only charge ten per cent upon Il
amount collected and the balance migl
/. go to the treasury OF the city. Ireiectt
this proposition, Of course, because Of |
;. manifest immortality and violation Of Il
e statute.