The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-27
WIN. W. TUIED 1G4IN.
lie Declines to Tcstify-Comptroiier Kelly
Asks for Ills Release.

VIM. NJ. Tweed was taken from Ludlow
street Jail Yesterday to testify in the suit Of Chas
G.. Waterbury. AZ assignee Of the late John l..
Brown. against the city. Tweed. after having
been sworn. produced paper from his pocket
which he read. a. follows:
Your Honor: Before question Is put to mo
In this casr with all respect Ia the court. must
be- permitted To- make an explanations. Under
promises made by me to the officials Of the state
and Of the city. | was induced to give evidence
before the Common Council Of this city TO
give other information 10 state and city Of.
nras. as 20 what are called " Ring frauds.
The promises made TO me were that II |
gave this evidence and this Information, |
would certainly be liberated from the imprison-
mcnt under which / have, been suffering
for several years, past. That | am stat
ing what is true when so assert that | was
promised my liberation is placed in position
that il cannot be- controvcrtcd by letter al
dressed 10y John Kelly. COMPTROLLER Of this city.
To the Attorney General. dated 2lst March, "a
copy OF which now hold in my hand, As tnat
letter states. and states truly. am advised by
my counsel not to answer single question put
10 me in this ease. or in any other case in which
this citv or the state Is u party, until the prom
iscs made to me. as expressed in the Control
lcr's letter. are fulfilled. and ! am libcrnted.
And in max ing this statement wish TO add that
! do not wish your Honor. or the jury in this
particular ease. to infer that ] have any
thing to communicate or 10 conceal which has
any bearing whatever upon this question now
being tried
COMPTROLLER Kelly sent Yesterday to Attorney
General SHOEMAKER the following:
SIR. Itelltto be my duty both as an individual and
Public officer. to upon YOU the discharge OF VIM
VI Tweed. Who Is confined la the debtors prison i
this city. MY protest. an individual. against his
further detention arises from the TACT that learn that
to Mr. Twced'- counsel Mr. J. ID Townsend
that the late ieneral would fuhl his prnmi-,
t. discharge his client should he make fu conie ssio
hi m,-iced and surrender hi property more tnar
anything else induced the confession thereafter made by
Tweed ani hi prefer at surrender OF property Mr.
Fafchild did state to that he would discharge Mr
Tweed he made ull c9nic :.ion aud surrendered HI
| rely upon Mr.. fairchhis statement which lie Mr.
Towns nd then SAID had been mad, also TO him. As
ctulen feel that the state Is being dishonOred by thu
breach faith A. public ofhcor urge his charge
because believe his further detention in debtors
prison j. neither bcne cal To the state example
evil do In scrvicrahle Ia this civ
There several actions pending AGAINST this cit,
In which millions at dollar. involved. and IL Is con
coded that IN Of the-c II not IN all Tweed icsti
mony will he very important | am informed hv Mr.
Townsend that Tweed will decline to testify
the promise OF his discharge. heretofore made Il
him be carried out aud no can Iairly blame him
| he aihercs to that determination
sent TO state prison. believe should have been TN
cour>. pursued at hrst against them. would be
the last to advocate the discharge of them but
conceive that neither justice good policy. tina
such opposite has been adopted toward the Others
dictates the present. atncnt OF Tweed. respect
| fully your obedirnt servant, JOINS kkLLY.
| INV AOHk. March -. 1873