Year: 1873


near aud the popular curiosity has suddenly increased
| almost a hundred fold Yesterday the entire session
was occupied by exJudge Fullerton and Mr. Peckham.
who delivered careful aud elaborate addresses TO the
Jury In summing up tho case. IL was expected that
three more witnesses would be called by the defense
before the evdsnce would DO declared closed but 10 tho
surprise every one, except the defendant and his
friends Mr. Field informed Judge Davis that
he would trouble tho Court with any further teSti
mony for the defense He then moved to expunge from
the record all secondary evidence In relation TO the GER


ncates OF audit and missing vouchers and alleged GER
ncates Of deposit all TO conspiracy before or after
the signing OF certificates Of audit, and TO tho
alleged package Of money said have been sent 10 tho
defendant. This Judge Davis refuseG. Mr. Tremain
then stated authorities upon which be should RELY to
sustain his OF the points OF law bearing on the
auest0ns TO be discussed When no had concluded MI
Fullerton began formal summing up 10 the Jury rae
mportaut parts Of his address will be found below
ADDRESS OF MR. FULLERTON.


will not take time gentlemen discuss the import
ant questions at length that will be brought 70 your
attention am TO be followed In the interest OF tno
defendant by Mr. Graham, who will completely efhauss
tho and duty, therefore, wli'
be rather suggestive than otherwise. suppose thss
after this long tedious trial have seen the head
and front OF Mr. Tweeds offending we have seen every
thing possible that be urged against him. alded oy
the and the abiest private counsel In
the state. superadded by an excited 2Rl VrahnicA
public press and urged by an unreasonaple pnohs
opinion Nothing has left undone said that could
preiudice the case tho defendant and procure his CON
yiction do not believe there is parallel To the history
Of toatons 10 this You perfectly well how tho
press has teemed with the most innlnmatoy arhcies
ON this subject and the defendants alleged onense mas
been proclaimed the highways and house-tops' Ana
since this very begun there has been Stuued
effort on the part of who conduct the pubic press
to produce such state OF feeling as that they would M
short OF their duty attempt made 70 ntiudato
the Jurors addressing to prevent the acqutai OF
the defendant your hands which might be expected
from the testimony given on che trial in this case
beg 10 call your attention what has been sent forth
from the press this morning


Judge Davis-I think 1t is my duty to say word on
this subject must assume that this iucy under the
instructions have given have read any Of these
articles TO which you alude either side. Ibave my
self articles both s4es Of the question iRyolyed
here Of character that ought never have been pub
ished. not here however. TO allow this case to 20
TO the jury upon newspaper articles at oil, or to allow
counsel either side to make any aluson or read or
refer to them any purpose What is TO be submitted
To the Jury evidence taken In this cOurtnot what
this man or that man may have said out OF court or
what appeared in thclpubuc prints The ease must be
decided on the evidence alone and counsel will refrain
therefore, on both sides, from any further auson TO
these newspaper articles.


THE GROUNDS ACTION.


Mr. Fullerton continued, saying that the whole casa
arose out Of the Of 1870 the fourth section Of which
directed the auditing Of certain county liabilities IL
was for violation Of that fourth section that the de-
PENDANTS were indicted They charged with having
certified false bills and claims knowing them to be 80
Before they could convict the defendant they must ind
out what he did under the law. and what we're his mo-
tives Unless he erred with deliberate intent be was
entitled TO an acquitta their hands. IL required
some courage say that considering the tide OF preu
dice and passion has been flowing over the country
for past fifteen months. but he hoped before ne sai
down TO establish Innocence OF tho accused Counsel
here discussed the powers and duties OF the Board OK
Audit and audng to the first resolution passed by tho
Board at its first meeting urged that it absurd to
suppose thar an able lawyer like Mr. Hall and the chief
financial officer OF the government would they CON
ceved there anything improper in the terms OF that
resolution have made matter OF public record their own
wrOuy-uoiug


Mr. Fullerton then argued tho impossibility OF the
Board Of Audit examining all the bills OF understanding
how 10 test the OF the bills They not
artisans said he, mechanics, and were not familiar
with the prices paid for such work Now bear IN mind
that when they down in the Controllers office to coa-
strue this law Watson then in office, dischargng the
duties OF County Auditor. have right to affirm that
at that time Watson enjoyed good reputation. He GER
tany the confidence OF the Controller ana OF
the city large He supposed to be the most CON-
peten and Trustworthy this whole island TO de-
termne whether bills presented for audit, before





and honest bills not. What could Mr. Tweed dof
what could Connolly do what could Hall do, but TO
turn TO such for assistancei What would
you have done under like circumstances L pat
it you personally. III you were called upon at tns
very moment audit these bills. that brought here
without the power to subpoena a witness. without tho
power ask question and get an answer unless
he saw ft 10 give you, what would you dof You
wond naturally so into the Controllers office and get
hts assistance. You would do just what Tweed and
Connolly and Hall did


Mr. Fullerton then argued tho following propositoRs
First that the Board Of Audit did all they had the power
to under their construction OF the act second that
there evidence shoW that they did not audit hs
bills before them in the very in which the prose-
cuton uses that term third that there is reliable
evidence in the case that Tweed participated in getting
up these false bills. shared in their proceeds
REVIEW GAGyEY's TESTIMONY


You remember, gentlemen. that Garvey swears that
soon after this passed. snd about the time tins
resolution OF the 5th OF May passed, that Watson
came TO him and asked him what bills he had against
the county. You will perceive that Watson was then
performing the duty that devolved upon him by the
resolution Of the 9TH OF May. shall rely upon that
presumption which always exists that public officer
has discharged his duty, and shall IN addition call your
bills asking the creditors Of the county to furnish them
to him, in order that he might act IN
af''"S Of May. and and @ cali ''G Your attention TO th,
very fact that bills altered, sums were stricken
out ana additions fnaue IN 10 snow
persons had altered them, who discharging tho
duty of audit in all probability only use that TO show
that body did audit To the extent OF their ability
Now gentlemen. have said that there tru st
worthy evidence in this case that they did not discharge
that duty as the prosecution understood it, Where Is
the evidence thahey did not meet We know that they
the 5th Of May and passed this resolution Car
swears that he went before them. but doca
that furnish proof that they did not meet They may
have met thousand times and yet neither Ga,vey nor
those gentlemen before thom order to audit tho bills


Is M not reasonable TO suppose that those gentlemen
relied upon Mr. watson's experience TO audit the 0ll
II is 10 be dre that Watson acted thus lor
NJ sso,ld 10 a. Tbcv - Sa know, when be was pro.