New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-03-27
ASKING FOR TWEED'S RELEASE.

THE RING CHIEF REFUSES TO TESTIFY.
JOHN KELLY WRITES TO THE ATToHNEf-GENERAL
URGING THAT TWEED BE SET AT LIBERTY.
The trial of the suit of Charles u. Water
bury against city, before Judge Potter in Supreme
Court Circuit was marked yesterday the appearance
OF William ~ Tweed on the witness stand The suit Is
on contract with John L. Brown for the bng OF First
ave above Snetieth-st and the city contests the pay
ment the ground that the contract was not honestly
fulfilled street weepngs being used in place OF good
earth and second, that was rduduenty entered into
for the benefit OF the STRENGTHENING Association In
which both Brown and Tweed were largely Interested
Tweed was called 10 prove the latter defence AS he
came into the he appeared little lame, but
biz face presented the same ford hue as of DID, made
moro conspicuous by very full whitB whiskers Ih!re
WAS however a change. 1t was not the same roughly
folly active mobile OF former years. but wore rather
a weary look, as If co n1nement had done Its work
At the first question In place OF answering i"eeu
read the following statement:
YoUR HONOR: Before question Is put to me IN TINS
case with all respect to the Court must be permitted
Iudep nromses made by me to the officials of the State
and OF city, induced to give evidence before
the Common Council OF tns 70 ~ what are called
Ring Frauds" The promises so made TO me WERE tat
IL gave TINS and this information would GER
taniy DO liberated from the imprisonment under "Tch
have suffering for several years past lnat am,
v Iteration is placed in position it cannot be con-
by letter addressed by John Kelly Controller
n copy OF which now hold my hand. AS that letter
states and truly am advised by my cOnnse not
10 answer single question put TO IN this case or In
any other case which this city orthe state Is party
until the promises made to me- as expressed N he m
ma king tins statement wish 10 add mat DO not wsD
your Honor or the Jury ID ts or Tas Sc
which any bearing whatever upon tns queSuoh III"
being tired.
Mr. Tweed was then asked as TO the signature on q
certain document bearing the suit He stated to That
,e uesti
swer to make.
Other evidence OF the nature OF the work was then put
in. The court adjourned without closing the case
The following is the letter OF Controller Kelly, to which
Tweed referred:
CITY OF NEw-YoRK FINANCE DEPARTMENT
CoNrRoILER's OFFICE. March u, 1873. )
To the Hon. AUGUSTUS scHooNMAKEk, Jh' AHo'"eyoe"-
erai Of he state Of Nelo- York.
SIR: feel II 10 NY duty, Doth as an individual and
az a public officer to urge upon you inc ascnarge o,
William NJ Tweed who Is now confined IN the debtors
nson i'm this city My protest, as individual against
Els further detention arises from the fact that learn
Townscnd that the late Acknowledgement would funi
his promise TO discharge his Client should ne MAKE Iui
cnnes op OF misdeeds and surrender his property,
more han else induced The confession thereafter
made by Tweed and his proief OF 1
Mr. Tweed II ho made full confession ana surrendered
his properly and ad cay to mr. w ta e ne
lir Townsend) then said had been made also TO nm:
etzsn es .ns sse pn s5ts oser nrge s d
charge because believe his further detention III
dchfors pr;sUn neither U Tue
example to eydoers nor In any sense serviceaDe 10
the city. .,- -. .,..st,, ozat,,t ,t,s
city I'm which millions OF dollars are inv0iyed ana u Is
conceded that In some OF these if not In all Tweeds tes
t,nony will be very important. am informed by Mr..
Townsend that Tweed wI decline to testify as witness
uless the promise OF discharge, heretofore maze 10
him be earned out and can fairly blame nm II
he adheres to that determination. ,
Had Mr. Tweed and his associates been conyicted ann
sent 10 the State Prison. believe should nave peen
tho course pursued at first against tHem, wop.p po
among the last advocate the discharge OF any OF ten
but conceive that neither justice nor good policy now
that opposite course has been adopted towards ne
others dictates the present treatment or Tweed am
respectfully your Obedient servant, JOHN KELLY