New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-13
LOCAL MISCELLANY.
TWEED'S APPEAL FAILS.
THE SIX MILLION JUDGMENT AFFIRMED DY THE
GENERAL TERM.

THE SIX MILLION JUDGMENT AFFIRMED DY THE
GENERAL TERM.
The appeal of William M. Tweed from the
Judgment against him In the suit for 600 900 has been
decided by the Supreme Court and The ude
mcHt is affirmed. Judge Davis gives the opinion the
other judges cOncnrring. TwOihids OF the opinion are
taken up with discussion Of technical questions In re-
gard to the struck jury On the main points oil appear
the opinion says:
numerous noilcS In detail The pist Of tho action
alleged conspiracy between tho Defendant Tweed
and Watson to dcfraad the city aud county OF new
York of large Of money The evidence that may ne
given IN such actions T. not TO be restricted by narow
and trcfuca rules. Whatever tends 10 prove tne con-
sIricy aud its objects aud purposes nndif sfncieht
evidence DO given 70 carry the case TO the jury npon ne
ctncr party that tend TO prove its objects ana purposes
accomplishments, aro always admissible ~ nesriy
Rrogress OF the trial tended to esDiSa one
and fdree AUD conc Portions Of tie ov
d,ncc can I've sad 30 hsvo been immaertal and
inconscquens they cannot nso be ssid to have been
legally rcjudcia the defendant The case against
him made out upon an abundance OF clear eng nI
disputed evidence. entirely sufficient to establish the
right of the plaintiffs TO recover. Mure evidence than
necessary 10 us TO have been given ana some
excluded. But it should I've racOccted IN considering
this that substantial defense wGteycr Was MADE
or proved no contradiction of uny material fact bear
na upon the cause OF ~ ton wss made by evidence
any explanation Of such facts given by evidence pro
duced on tne part OF defendant In regard TO such
canse OF action The contest was simply ono OF legal
oIstuciiOns consisting Of all tho acute and sinethbcs
absurd tecbucafes that the ingenuity or counsel could
place in the PAIN VI ju,ucc. Such defense deserved no
favor mt the hands OF the court ana Ought not 10 succeed
on appeal, unless IL appears clearly that substantla
rights VI the defendant have been inJuIoey onected by
the Gecicns of tne trial court We arc not able 70 see
that such injury done By any o the rulings IN re-
spcct 10 tho evidence objected TO-
In passing upon the requests To charge ana
In the charge given we discover no cIor pIcJudca 10
DEFENDANT On the contrary, the rulings on such re-
gaesls and tho charge we're, in our oiinon fur more IA
VoTabs defeuuit than he euitlod 10 by law,
aud The verdict rs IN consequence fOI very considerably
amount tlan the jury might otherwise nave given
The ruc adopted the measure OF damages acceded
t-IOr the purpose OF avoiding all questiUn-by the
learned counsel the people IL altogether more
favorable 10 the dciclant Than strict law feqGn cd
There 10 no necessity therefore considering 1t further
The motion for trel The minutes OF tae court
was made in these general terms for lDsu1cent eyl-
dcnce ana for excessive dangcs me conrt denied the
motion. II very clear tbat tho damages not ex-
cu-siye If the plaintiffs entitled al ALL
What WAS IuYant by insufficient eyideuce does not APP
pear bur n it was Intended by that phrase 10 mean tha
there not sufficient proof or the alleged conspiracy,
and thai the gators effected their rauiuient pur-
pose and OpTaned the money Of city, Is ruOSh to
SAY that evidence sufficient require the sub
mission OF TINS question to the jury and rar as any
Jury b conclusive.
Tine ordcr and judgment appealed from should there
fore be affirmed WITH costs
Tn the appeal from the order allowing 100000 extra
costs the plaintiffs Judge Davis says the Courts FIRST
impression was that II excessive but cOnsdera
ton OF all the factsthe previous suits the eAponse in
employing experts and accountants and able counsel
the sum seems not more thEn the expense the defend
ants frauds have imposed tho city. This allowance
is not likely he precedent as such case can hardly
eyer arise again, AMI late statute has limited the
of allowances. This order IL therefore confirmed
with the rest.