The New York Herald Newspaper, January 31, 1873, Page 3

J THE TWEED TRIAL. Etnd of the Great Pros- ecution.. JUDGE DAVIS’ CHARGE TO THE JURY. A Severe Criticism of the Defendant by the Court. TWEED REARRESTED AND RELEASED. Scenes in the Court Room Last Night. WAITING FOR THE VERDICT. ‘The seventeenth day of the Tweed trial closed yesterday and with it closed the trial itself, so far agany public proceedings are concerned, though wp tothe hour at which this report was closcd— Rear eleven o’clock last night@no verdict had been rendered by the jury. The courtroom was crowded to its fullest ca- pacity yeste: morning to hear the closing ar- guments of counsel, and the audience appeared ‘deeply interested in all that transpired. The ar- gument for the defence was avery able one, and ©ccupied the attention of the Court until the hour of recess—one o'clock P. M. On the reassembling of the Court at half-past one Mr. Tremain began to address the jury fm behalf of the prosecution, and closed shortly before five o’clock, During the delivery of his speech, which was listened to with great atten- tion, Mr. Tremain had his left arm in a sling in con-, sequence of an affection of erysipelas. On Wednes- @ay his left hand was enoased in a glove. As soon as the counsel had concluded his address Judge Davis proceeded to charge the jury, and his deter- mination at so late an hour in this regard provoked no little surprise, particularly when it was found later in the evening that his charge occupied three hours lacking ten minutes. The following is the charge :— r Charge of Judge Davis. Icongratulate you, gentlemen, that your labors are concluded, An important duty, however, re- mains to the Court, and then a still more important one to yourselves. This case is one which has excited great public interest, that has been manifested through the whole trial. It is not because of the mo- mMentous consequences to the accused party, but be- cause of its connection with the transactions which within the few past months have entered into a his- tory of the city and county, The defendant stands indicted before you for alleged violations of oficial duty. Be is charged substantially by the indictment of neglecting a duty imposed upon him by law; secondly, for having discharged that duty by the granting of a certificate such as is réquired by the law upon the auditing of accounts which were false and fraudulent, and known to be so to him. That the defendant was a public officer at the time and sub- Bequent to the passage of the act of 1870 which devolved upon him the power mentioned in the fourth section of that actis not indispute. He held the office of Supervisor of the city and county of New York. He was then President of the Board of Supervisors, The Legislature thought proper, by the act referred to, to create a board, or com- mission; for the act gives no designation to the three gentlemen who are required to act under it, but they are called for conventence sake here, and that, perhaps, isa designation which we may properly adopt, 3 A BOARD OF AUDIT, ¢ The three oficers named—the Mayor, Comptroller and the President of the Board of Supervisors—are directed to audit certain claims against the county, described, or limited rather by the act itself, and to issue their certificates of audit, upon which the Comptroller is directed to make payment to the party or parties entitled to receive the same. It would be proper to state—indeed it does appear from the evidence in this case—that certain liabilities against thé county of New Yerk incurred previous to the passage of this act were then in existenoe, the correctness ef which, the justness of the amount due thereon, required to be ascertained by some authorized body, There had been pre- vious to the passage of this act bodies clothed with autnoritz to ascertain these liabilities. A Board of Audit has been described, composed of various igenvemen, some of whom were city otf cers and some Were not. It had been created, and it seems it had not ascertained THESE PARTICULAR LIABILITIES, 80 that they had ripened into payment. The Board of Supervisors, it would seem, bud not taken such action apon them as that they had reached payment. $o the Legislature, for the purpose of ascertain- ing those accounts and the determinaton of what amount eet to be paid upon them by the county, created this Commission. That Board was directed, in very brief language, to audit these liabilities. The language of the act is—*Ail liabilities against the county of New York incurred previous to the age of this act shall be audited.”’ Of course a question arises as to what is meant by the act and by the language used ae Legislature, That is swered by answering the question, What is meant by the words “shall be audited ¢” It is @ pure question of law for the Court to determine, and it is, thereiore, the duty of jurors to take the construction which the Court puts upon the language as the law of the case. If the Court makes an error in that construction it is the sub- ject of direction by an appellate tribunal, I HAVE NO MANNER OF DOUBT that what is required by this section and by: the language used in it is the performance of those several pine necessary to ascertain that the ex- isting liabilities named in the act were justly and roperly payable. It required at the hands of this Roara something more than mere clericat duties. They were required to take the liabilities which should be presented to them and bi upon them in such form as should furnish, in their judgment, et evidence that the liabilities were just and should be paid. The word ‘audit’ embraces ali of that when used in the form in which it is used in this statute, and we need not resort to lexicons nor to any other statute for the purpose of ascer- taining what was the intention of the Legislature in directing that these liabilities should be audited, They were to be passed upon by the operation of Buch evidence upon the minds of the persons clothed with the power as would produce a satisiactory conviction with them as @ body that the accounts or liabilities were just and proper. Now, in the action of public officers clothed with duties of this kind, I have already said something more is required than the mere clerical act of “signing @ name or subscribing a certificate. These fg 9 therefore, named in this section were ind, first, to organize themselves in some form imto @ board or iy 80 as to act unitedly and Jorntly upon those matters. It would be impossible satialy this statute by the separate and distinct action ol each one of these parties, for THE LAW DEMANDED the auditing by them jointly. You do not need any illustrations to bring to your minds what I in- tend to say on this subject, for you cau readily see ‘that in order to satisfy a statufe which calla for the action of three minds in reaching a conclusion on a given subject or passing upon a question upon such evidence as shall be before them—I say it needs no illustration to show you that such a statute can- not be satisfied A the separate and independent action of those three minds; that is not what the law requires under this section; therefore it was mecessary, in order to conform to it, that the three persons named should meet and upon the evidence presented for their joint action, and determine before the issue of these certificates whether these accounts were just and correct, A public officer clothed with such authority can- not delegate it, nor cana oe of public oiticers, because the duties constitute a trust for the benefit of the ety interested in the subject matter of the trust. If the Legislature had intended to confer powers of delegation, that intention would pe ex- ae It is charged in the indictment—First, hat the derendant, in connection with the other arties and officers named in this suit, neglected do the duties thus enjoined. It is of no impor: tance whether or not evidence has been given here to satisfy you that there was A WILFUL NEGLECT on the part of the Mayor or Comptroller. It is enough for this case if the people have satisfied you thas the defendant Tweed was in the meaning Oi the law guilty of neglect. Wilful neglect is an intentional act of omission, An officer is bound to know the duties devolved upon him if he ac- cepts and enters upon the duties of his omce. ie Jaw jadges that they must know that, and that rule applies with ater force upon public officers ‘who enter upon the duties of "the office by ita ac- coptance. So that where an officer knowing his duty, a8 he is presumed to do, intentionally fails to perform it, intending to admit its performance, he ls gailty under the law of the wilful neglect for which the Jaw punlhey hua. There iy no necessity NEW YORK HERALD, FRIDAY, JANUARY 31, 1873—TRIPLE SHEET. malice the ¢ has or ap tion to injure somebody, no further than sim) % omit that! to 'm the di law de upon an ¥ consi atu ity noittc'y patina ra ith wi rm his evidence neglect it wit the rule ‘waich T have t to give you, The fourth count charges in these cases the Cy A PALSE OLAIM OR LIABILITY without having audited it, and knowing that it was a false claim. Now, you will readily conceive that there is @ distinction, as a matter of course, be- tween an act done Uy moter in violation of duty and the neglect Perform a duty by an officer. In order to constitute the offence under the fourth count i nece! Was granted; that the certificate ef that lability,- the same being fal was gran’ and that this act was knowingly done by the accused party, who 1g now on tri You will ‘ceive it contains three elements—frst, that the particular claim audited was false; second, that the certificate was granted on that claim, and third, that it was known to the parties iting the certificate to be a false claim. I shall by and by call your special attention to the evidence ten to show, a8 it was pro- duced here, that the defendant is guilty under this fourth count, But, firstly, I desire to call your at- tention to the act, so far as we have evidence, that it was performed by the Board of Audit. It appears by the resolution passed by that body, which has been duly proved and put in evidence that on the Sth d of May, 1870, Mr, Hall, the Mayor; Mr. eed, the President of the Board of Supervisors, and Mr. Cennolly, the Comptroller, met under and par- suant to the requirements of the fourth section of the act of 1870, to which I have already called your attention. They met at the Comptroller's office, as is stated in their resolution. The resolution states that they organized themselves into a commission, as they called themselves by the resolution. That was a sufiicient expression of the object of their meeting; a sufficient declaration of their formn themselves into a board or peers as requi by the act. They then passed the resolution which has been so frequently read before you. (The Court then read the resolution.) The of this resolution has been commented upon, and at one stage of this trial 1t was Repposed by td that Judge Potter had declared the of this reso- lution, for it was so stated by counsel to be IN ITSELF A ORIME, an offence under the law. 1 could not so view it, and so expressed if at the time. It seems, however, that the statement was a misconstruction of what that learned Judge said in the course of his opinion. The passage of this resolution was not in itself an offence; it was simply at most a decla- ration of intention as to future action. It organ- ized the Board and it made Udo ag he 80 to speak, for its ewn future action, Now, in one sense the declaration of what the Board intended to do may be construed to be a declaration of an intention to do pomaening. that the law, as I con- strue it, does not permit. But even in that sense, in the true sense of the resolution, its passage would not be a criminal offence unless it was fol- lowed by acts under and in pursuance of it, ‘The law does not adjudge mere intention to be a crime, In order to constitute a criminal offence an intention must always be followed by aetion. So that if a public oMcer resolved that he will not do a certain oficial duty, which is performed on a future day, however, after he may resolve or de- clare that intent, however emphatically he may make his intention known, yet if when tne time comes for the performance of his duty he does per- form it, no crime has been committed. But if, in pursuance of that resolution or declaration, when the proper time comes for the perfermance of that duty, he neglects and refuses to perform it, then the resolution, being EVIDENCE OF THE INTENTION to do as he subsequently does do, may be, in con- nection with the act, strong and conclusive evi- dence of the commission of acrime. So the passage of this resolution was not in itself any offence. It simply shadowed forth the course this Board in- tended to take in respect to these liabilities, and if they proposed to take the course which one construction of this resolution indicates, then, their proposition was mot conformity with the law; but if they proposed, notwithstanding this resolution, to proceed to audit the liabilities they collected under it as directed by the law, then there was nothing improper in the passage of this resolution, The question is what they did sub- Regqnently to the resolution rather than what they did at the time of its passage. It would seem that they took no action on the accounts or liabilities than at that time. They met .and, ety passed this resolution in this , Seemed to have ad- journed, Now, it is claimed that was the only meeting of the Board and their subsequent action was without any formal meeting, and they merely put their nipresen to the certificates as they were subsequently presented to them without the con- vening of the commission for the purpose o1 pass- ing is a the certificates, - If this position be true and is consistent with the evidence here then it is very clear to my mind that those officers were guilty of neglect to audit and are LIABLE TO CONVICTION for that neglect, the question whether they did or did not convene for that purpose to take joint action upon these counts you have evidence from which you are asked by the prosecution to form your conclusion that action was never that ofa board or commission, but simply that of indi- viduals, and you have evidence on that subject. Their first meeting is a written record on file indi- cating their action. They had no clerk, and the Mayer drafted the resolution which they adopted. They kept no record or had no place of meeting, but omission in that respect is not of itself an offence. I only refer to it therefore for your consideration, whether the entire absence, except in the single Instance of the 3d of May, of any written evidence of an actual meeting, as well as the entire ab- sence of all proof that these gentlemen convened again on these twenty-six days to pass on these accounts, as something to be considered by you as bearing upon the question of how they did that business. Takem in connection with the oral evi- dence given hereas to their not meeting, and the evidence of those whose liabilities were passed upon as to their not being Called upon to explain their claims, it would be certainly A SURPRISING FACT thatif these twenty-six meetings were held there is ne record in any form beyond these certificates and the resolution at the first meeting. Did they meet and act jointly upon these accounts? Did they meet and act at any time upon any particular account or claim? There is, in connection with this also, some other circumstances that my very properly be considered by you bearing upon the face of the vouchers and other papers brought now before you. The main body of the vouchers fer liabilities are gone, and they are shown satisfactorily to the Court to be lost; but there are ten, I believe, of Mr. Keyser’s vouchers brought in. They are sub- mitted to you as evidence. They are before you. What appears upon them, so far as it bears upon whetner there was an actuai meeting of the Board for the purpose of passing upon these alleged lia- bilities, 1s therefore an appropriate subject tor your consideration, 1 shall not detain you by calling your attention to all of them; one or two will be sufficient for the purpose of giving you some idea as to what I shall now call your attention to. In the first pisos, several of these certificates of audit—three 1 jieve—are signed only by two of these men, Tweed and Congoily. The testimony shows that some of those which are lost were also not signed by the three; that there were some cer- tificates not signed by the Mayor, but that e ALL WERE SIGNED BY TWEED and Comptroller Connolly. That is a circumstance, of course, which.you may justly consider as bear- ing upon the question whether parties actually met, or whether these certificates were sent around and signed. You may, 1 think, with pro- priety look also to what appears upon the face of the certificates, and for that purpose I pass them around to.you. You will see that an entire dis- similarity is apparent on the face of the bills in the ink byw eh the Sits are signed, These are cir- cumstances appearing upon the face of the papers bearing upon the question as to whether the parties actually met as the law required them, or Whether they were signed, as claimed by the people, at different times and in different ae Without @ meeting. ‘There is another on which . THE INK SIGNED BY TWEED 18 VIOLET, and the others are black ink. Now, you will sce that this question of neglect to audit ts wholly in- dependent so far with the character of the liabil. ity; quite independent of the evidence of Mr. Gar- bd or of any other witness who testified on the subject, er of the mode of making up the Ilabiit- ties themselves; quite independently also of the question whether the liabilities were false or not. It bears upon the simple proposition whether these parties met as a Board of Audit, and as such, acting in that quastjudicial capacity, passed upon these liabilitiés and reselved to grant the certificates upon which these liabilities were to be made, and upon which an indebteaness against the cit; a county of some millions of bonds to be issued was to be created. Ifthey didn’t so meet, but signed these certificates, as claimed by the prosecution, separately, severally, without the joint action which the jaw requires, then 1t 18 your duty to con- vict tue defendant in this case. If they did that then they are guilty under the law, and it is your duty to 80 quite independently of the Other consideration to be presented in this case. Another proposition for you to consider upon the evidence in this case, ‘not upon the question of neglect to properly audit, but upon the question upon the fourth count— THR GRANTING OF CERTIFICATES upon false and fraudulent claims, This branch of the case may properly be divided into three parts. First, that which arises—and I classify them merely for the purpose of getting at them in some order, not because there is any particular moment in the form of classification—upon the claim of Davidson. Now, while I have told you as a legal roposition that the omission to meet as required b: tole ws Gh ato ice tan esate col of signing them separate! would be a violation of the ay, I don’t ean iy that to exclude from your consideration any other action which would be a violation of that iaw against neglect. Even if that Board met, and, without proceeding to examine these accounts in the manner required by law, hegligent.y as a body proceeded to these ce: ates without ex- amining into their character, their justice, they would in that cage be ity of poaiirence within the provision of the statute. Now, it is insisted he ofthe people that not only did they not mee they neglected, tifcate, before ‘maki it, to ‘make any investiga: tian or examination of the accounts sufficient to justify the granting gf the cortiticate, puch as the Jay it Mew requived a0 thety hands, If they did that i Shope palaces ge atte pea‘grentt ion of the vario' or Inthe proceeds of this audit, because that evidence tends to show that what they did was in- tentional ro with ie bed, masive, for the pte oF mplishing a end, say, way illustration, tf the Board or any member entered 'y Srrangemens connected with the by which they should be e: rated in amount, or by which false and spurious claims should be passed by the Board in which he shall ultimately lcipate, that is a neglect of duty, not only iy, but carrying with it finitely ‘aceper. and 708 ver than that f simp! in DE and Erosesr. that of simp! perfdrm the duty to whic! called your attention. I have said this case properly divides itself into three classes. I shall call your attention te Davidson’s claim, with @ view of asking you to pass upon the the question whether in that case there was upon the evidence such action as the law requires, with a view to as- certain its justice, and whether the defendant was galley of neglect of duty in respect to it claim of Daviason to a at action, and I think that brings the ques- tion in this case very sharply before you, He stdtes that he presented an account or claim against the Supervisors for safes. The voucher is lost, but the warrant gives us the date, for it declares it was for “safes furnished the Count Court rooms and offices, March 14 to 26, 1870,” ani it must have been sent in after March 26, and, as Mr. Davidson says, prior to July 1. it was an account for safes, and Mr. Davidson swears that the amount was $16,040; and we have a warrant issued on it for $49,170 42, Mr, Davidson swears that he never knew of the alteration of that account, and that when he came to Woodward for pay, having been sent for by ‘WATSON or some person, he came to the office, and th end arrant, and he says he was not per- le to see the of it, but it was laid face Chad abate Hone he was asked to endorse it and he woula get his check. He Jaid hold of it and Watson kept his hand on it and said, “Put your name there,’? and he put his name, without the “Co.,” on the back of the warrant, and a check for $16,940 was given him, and thit ended his knowledge of the subject, He did not know that the amount in the warrant was different from the $16,940, and that in point of truth upon the account there was $49,170 42 paid. Acco! ig to the TESTIMONY OF MR. STORRS, this account was in its proper place at the time that he and Mayor Hall made examination, and containea upon it a certificate signed led the de- fendant and Connolly, and perhaps by the Mayor, or this may be one which Mr. Hall did not sign, This ts one of those accounts which have been lost. Now, by following this transaction a little further ou Will be able to reach the point at which the de- fendant is connected with it in another form. You have evidence which brings home to him the certi- fication of an account of $49,170 42. It had been resented a short time befure by Mr. Davidson at 16,040, How did it get changed? Who made the addition? Wedo not know, We can assume nothing except the fact that it was done, and by some interested party, who itis not necessary for us to ascertain. Weare now on the inquiry, not who did that act of forgery, but who, acting on that ac- count, was guilty of negligence in ascertaining its true cl a nines and whetner the defendant was guilty of negligence in investigating that account or failed to investigate it. On that question, what was the character of the account originally? FOR SAFES FURNISHED the County Court rooms and offices between March 14 and March 26, within twelve days, Where are the court rooms and offices to which $49,170 42 Worth of sates were furnished in twelve days? Was __ ther pny inquiry as to the cor- rectnéss: of that account? The county offices are here. Did any board meet and pass. on that account of Davidsdn, or make any inquiry whether $49,170 42 worth of safes had been brought to these court rooms and offices surrounding this building? Are you satisfied that the slightest in- uiry on that subject would have developed that the account as presented at $49,170 42 and allowed was an absolute falsehood? Did any officers of the Board take the slightest pains to make any in- quiry? You, as men of common sense, are to an- swer that question. All the direct evidence on that subject is contained in whadI shall now call your attention to. First, the account was presented at $16,000. ‘The second is the fact that it was swollen to almost $50,000 by somebody. The third one is the EVIDENCE OF DAVIDSON that he never was called before any Board of Auditors. He never appears. Be hever swears to his account or furnishes any evidence of it what- ever. And, lastly, and what may be deemed, per- haps, of as much importance as eee Bae hat when that account was pet it was paid by a check for. its original amount to Davidson, which was paid by the county on one swollen to $49,170 42, which was deposited by Woodward on his account, the whole amount passing to his credit; and by inspection of peat tickets it is bnoyn to have been deposited y him that day in conutction with other items, of which a certain sum was transferred—that is the true term—to the debit of Woodward and to the credit of the defendant, which sum is about twenty-four per cent on this exaggerated account. Stand upon that alone and what reasonable conclusion would follow? I speak of this as transferred, for the evidence of the bank oficers and Mr. Tilden shows that where the transaction was one of debit and credit between two accounts done in the bank one day, the thing was done so that the bank paid out no money, but carried the money of one to the account of the other, and this appears to have been of that char- acter—simpiy a transfer of credit. THIS I8 A SINGLE TRANSACTION, and you might say that it may be shown that the credit of the defendant was not of that character, and that the debit of Woodward was not made up of items of that character, and that the $60,000 10 the credit of the defendant that day will be shown not to have been of that character, or to have come from some other source, or to have been & payment of some debt. All these forms of ex- planation and so many more that ingenuity could suggest are open, of course, to meet the attack of testimony of this kind, and it was for the defendant to have furnished you with the ex- planation, mot from his own testimony, for nothing can be deduced from his not going on the stand, The law enjoins that on you and me, The conclusion must come from satisfactory trans- actions to account for having the deposit. - IN THE ABSENCE OF ALL EXPLANATION itis submitted to you, what is the reasonable de- duction that occurs to you from the credit of twenty-four per cent of Davidson's account, swollen from $16,940 to $49,170 42% Take either course, backward or forward, what is the force of the fact to @ reasonable mind? Start frem the presentation of the account, follow it to the final deposit of twenty-four per cent om the account, and, witheut explanation, what is the reasonable conclusion? Or start from the other end and find in Tweed’s account the twenty- four per cent; and travel the line backward until you find an audit passed to the credit of Wood- ward of $49,170 42, and @ check given by Wood- ward to Mr. Davidson of $16,000, and a certificate by the defendant and others to the account at $49,170 42, and what is the reasonable conclusion? Mr. Justice Davis then pointed out that if this transaction stood entirely alone as a single iso- lated act the jurors might be justified more com ia entertaining @ doubt than in the presence of filty- five transactions all reaching the same ultimate resalt of distribution, But in what light could they regard it in the presence of them’? Hé sub- missed that i$ was not a harsh or unjust conclusion a e DEFENDANT WAS GUILTY OF WILFUL NEGLECT in passing this claim of J. McB. Davidson, The second class were the Keyser claims. He had six- teen claims, on which ultimately a warrant was issued, What was the character of those claims? He would give them Mr. Keyser’s own evidence. Mr. Justice Davis read at length Keyser’s testi- mony, and then continued :—They would find on the ten vouchers they had here what purported to be the receipt of Keyser. These bills were made up in a very curious way; some ef these bills had been before other boards of audit, and he had some bilis accrued within the last year or two which he saya, Watson’s advice, he united and added tnirty- three and one-third per cent. These were gross frauds, and no honest man could otherwise con- sider them, Old and new bills were mingled and an addition made. In judging whether these bills were audited they could look into the character of the biils, and be proposed to cali their attention to some points about them. He held in his nand Ex- hibit 9, one of these accounts, He wished to call their attentioa to the internal evidence that it was NEVER AUDITED, It was made against nobody and for nopody, A singular fact, but soit was. It read, “Board of Su- pervisors;” but there was no charge to the county and no “To Keyser & Co.” It was signed by no- body. It had nothing at its head to show who tt was due to, It was awill for hii aeed 60, and had across—‘We certify the withia bill to be correct. William M. Tweed. E. A. Woodward, Clerk.” These items are so many pounds of lead and sheet lead, without specifying any place where it was done, except the very last item, which is for tin sheers around the County Court House deme. No. 11 . yet! to B 3 a) would like to oe jeir attention, certificate was not signed by Mayor Hall. si . account was in the same way made out in favor of no one 4 work done on the County Court House and buildings, aay 10. For plumbing work and gate houses on all county buildings from January 17 to date, $17,904, is one item. ‘nother is “Sundry bilis for work on county buildings;” another “Sundry bills for various county putldings.”” There were items for over seventeen thousand dol- Jars, over eighteen thousand dollars and over four thousand dollars, ail merely sundry bills, rendered. Was not this intrinsic evidenee tliat no Board of Audit ever sat down and examined these bilis? It showed that Keyser testifled ginny A when he said he lomerated the old and new bills, since some of these bills were, as he stated, five or six ears old, Yet none of these dates were earher than 1868, He submitted to them, as intelligent men, what the reasonable inference was, that these were not examined by any Board. What certificates were not signed with the know! that th surcharged? This was entirel, from Gatvey's teationy if o ‘This aeration, agglomers mn and surcharging the accounts wore as much aéalse claim as tho Kexggs had not had any claim against the city, “is matter of law he charged them that the falsity of these accounts was clearly made out. KEYSER’S NAME A FORGERY. a Dayia then alluded to Keyser. Said he:— and I see no reason to doubt it, that Bis name upon those warrants is & ry. There is @ tabular statement here which shows that every dollar of those sixteen accounts went to Woodward's credit. On the same day the tickets show a transfer of that from Woodward’s account “to Tweed’s account. In considering evidence of this kind you are to look at it in the light of human fallibility. The books of this bank show indisputably when the entries were partyiand epen those books you fn the trantturg rty; an ‘8 you find the transfers Rom Woodward to ‘Tweed iollowing ench other as rapidly as two transactions can, Whether or not these contained in the books and in the war- rants and proved by irrefragable testimony tend to correborate THE TESTIMONY OF GARVEY is for you to determine. He says Tweed knew of these; that he presented the account of $60,000, receipted, and never received any payment, The account is produced ; there it stands as to the facta before you. It ia tor you to determine whether it was in the dase of the defendant, independ- ent of own testimony—because he was not bound by law to give that— to explain or answer this allegation, pro- duce the check and show its payment, thasthat check went through the bank. As to the testimony tending to strengthen Garvey, you are to judge how far it 8, and cause production of his bank bocks and debits and credits to show that he did not receive the alleged payment. It is for you to determine in the view of the omission to make any explanation on the part of Tweed, because outside of his own testimony he might have done it, CONCLUSION. To conclude, in all that has been said as to the LT eadeecg of this case, I most heartily concur. This case and its result are important to the defendant; they are important to his ‘and to his friends because of the stain that will left upon his character by aconviction. All these things are proper to be considered by juries, and you may consider them here in this case. On the other hand you may properly weigh ite effect as an example to the community. You must take into consideration the fact that he was a public oMcer, holding a high and responsible trust, res whether public officers holding such high trusts TO BE HELD ACCOUNTABLE for their proper fulfilment. Of what value, you ma} inquire, is it that we entrust public officers wit! duties that the people cannot themselves perform if they are not to be held to a strict responsi- bility The people are the source of power in this country, and vested power inhim. As your servant, as the servant of the people, he had duties to perform, and with these rusts in his hands his duty was to maintain strict integrity, tosee to it that the public were not luntered, The means of maintaining these rela- long is @ just subject for you to consider. In going over this evidence you will carry these suggestions into the jury room and tell upon your solemn oaths whether or not under the proofs before you there is or is not satisfactory evidence that af . Tweed neglected to fulfll the duty he owed the public in the beggin | of these accounts and the issuing of these certificates of audit. And you are to dis- charge that duty in the light of the evidence and under the sanction of your oaths, and should bear in mind that there 183 no stain more deep and damning that a juror may bring upon his own character than by being false to his oath and bring- ing in a false verdict, Waiting for the Verdict. At the conclusion of Judge Davis’ charge the jury marched out of the court room in solemn pro- cession. As the Judge concluded his address to the jury there was a general buzz of conversation throughout the court room. As soon as the last man had disappeared through the side door the Politicians rose en masse, as if a big weight had been lifted off their hearts, and by the time the twelyg¢ had begun to take __ THE WEIGHT QF ANDREW GARVEY’S EVIDENCE the case was fully decided by an impromptu tri- bunal in the corridor. Immediately before Judge Davis had completed his address to the jury the prominent lawyers for the defendant adjourned to the anteroom, and there, for-the benefit of an admiring audience, dis- cussed the Judge’s charge. One gentleman rather severely animadverted on the positive assertion of judicial sentiment in which His Honor had in- dulged in the charge. Outside the court room after the jury had retired the unanimous opinion was that the charge was decidedly against the de- fendant, and that the verdict would be UNFAVORABLE TO MR, TWEED, The gentlemen who lounged in the corridors were evidently deeply impressed by Judge Davis’ charge. In the hearing of a HERALD reporter one individual, with a slight facial malformation, re- marked that he hoped ‘‘he’d drop dead before he got heme,’ Meantime the “Boss” sat in his scat, apparently unmove ‘His leading counsel, who was ENTERTAINING SOME POLITICIANS in the anteroem, hearing the {Bry 8°. out, entered Court and took his seat beside Mr. Tweed. The District Attorney at once moved that the de- fendant be committed to the charge of the Sheritt to await the verdict of the jury. Judge Davis here asked if there was a Sheriff's officer in court. Lieutenant Colonel Dempsy—‘‘Yes, sir; I am here.” And immediately the officer moved round to where the prisoner stood. Mr. Tweed looked a good deal surprised when this proposition was made, having returned from the waiting room a few minutes before after a con- versation with his leading counsel, The latter at once jumped from his seat and said that as his client was already under very excessive bail he thought that it was hardly necessary that he should bg placed ander an adaitienal rule of bail. He was already under bail to the amount of a million and a half of dollars, and he did not sup- pose that any additional obligation would be ee on him to appear when the verdict was ren- ered. Here Mr.+David Dudley Field walked from his seat and conversed for a few moments with Mr. Wheeler Peckham. Mr. Tremain, after the conclusion of Mr. Tweed’s counsel’s address, jumped from his seat, and, oe fatigued as he was, reminded His Honor that the bail under which Mr. Tweed had been bound in the civil suits had nothing whatever to do with the present case; that the simple bail which Mr. Tweed had given in the criminal case ‘was the only guarantee for his appearance when oo Maga of the jury was rendered, ut WHEN THE JURY HAD RETIRED and the excitement consequent upon their retire- ment had, in a measure, subsided, all those who had been subduing, to the best of their ability, their opinions and feelings on the subject of tne guilt or the innocence of the prisoner held high carnival,as it were, and gave tull vent to their pent-up sentiments and freely discussed the probabilities and and eagerly canvassed the likeliuood of the jury arriving at an agree- The majority of them ment before the Meat” 3 wanted their suppers; the majority of them, too, it must be confessed, had Sppa- rently, the wherewithal to purchase the desired refreshment, and im lieu of adjourning to @ convenient caterer’s contented themselves with promenading the corridors and smoking ars, ABOUT A HUNDRED, more of less, remained in the Court room and talked over the Judge’s charge. The “boss’’ seemed, under the circumstan peculiarly happy. The copious flow of tears in which he had indulged but a short time before seemed to have entirely dried up. He was the cynosure for all eyes, of course, and his movements were watched most closely by the re- he “Boss” pore and others in the apartment. jobnobbed with any one who seemed at all desir- ons of conversing. He talked with the steno pher and a few friends who were with him wai! alongside the bench for that purpose, and did his “buzzing” in most good-humored styl . His face was radiant with smiles. The tears were com- pletely dried up, not a vestige of moisture being diacernible upon bis expressive ceumtenance. He was only too READY TO SHAKE HANDS with anybody who stepped to the front, To each and every one he extended the right hand of fellow- ship, |, upon being hard pressed, the left hand as well, The answer to eack and ry interroga- tory and to how he felt waa, “Oh, I’m all right, thank you.” The senior counsel for the defence was the only one ef the bright constellation who, in popular parlance, steod by him during the absence of the jury. Ail the others scampered off as quick as tneir dal extremities would carry them to refresh the inner man. Not that they wished to desert their employer—not at all. Bat then after THEIR ARDUOUS RFFORTS it was henge a to engage in a littie jollification, and who could blame them ? In all fairness it must be added that the counsel for the prosecution did the same thing. That was all right enough, and so no one found fault. ‘The large chande:ier of the court room was BRILLIANTLY ILLUMINATED with its twenty-five gas jets and cast abright glare of light on the knots of counsel and outsiders who lingered im theroom. THE CORRIDORS AND HALLS were also well lighted, and under the brackets people in twos and threes animatedly discussed the probable time of the return of the jury and the possible verdict. Many there were wiio de- clared emphatically that but one verdict could be rendered—viz., guilty of the offence charged. Others there were, but only a few, who expressed their belief in the entire innocence of the ac. cused, and gave it as their opinion that he should be unhesitatingly acquitted. Up to the latest the seene REMAINED UNCHANGED, and all hands were hance. | Bees for the jury to make their appearance, induiging in puff, smoke and general conversation the meanwhile, Between gue pi fe. eumoking, veal tories, wee! ora ing, smoking, ie Bi laughing and discussing the prospects of a dis- agreement the crowd in the court room man: to away the time we & quarter past eleven o'clock, and by that time it seemed as th Printing House square had turned its whole edl- sorigl force loose agd that they had assembled jn the judicial hall, Suddenty, at time above dicated, Crier Walentine Taman for order. ‘ante — . one took their boote off the tables two Something Set order as J Davis entered’ and took his seat on the bench. Alter a few moments’ consultation with Mr. Sparks the Court announced that a recess would be taken until this morning, no definite time being named. In a few moments, however, at the suggestion of counsel, half-past ten o’ was named as the hour. e crowd put on their hat buttoned their overcoats up to their necks an to move out. Mr. Tweed’s carriage had been waiting for him since a little aiter four o'clock, and about twenty-five minutes past eleven he oe d out of the building and the jury was ed up for the night. i THE WEATHER, Yesterday the Coldest of the Season—The Thermometers in a Severe State of De~ pression—Curious Atmosphegic Phe- nomenon on the Rivers—Cock-and-Bull Stories About the Weather. Intenge cold has prevailed in New York for the past forty-eight hours, and on yesterday morning it reached the apex. The cold air wave which had come from the West has gradually invaded every portion of the city, and from six o’clock on Wed- nesday evening the thermometer began gradually to decline until it reached a temperature which bas not been equalled in several years. At six o’clock it was ac sixteen degrees above zero, and from that point gradually went down until at mid- night it was at nine degrees, Fromthis point the decline was very rapid, and at three o’clock in the morning the thermometer marked only three degrees above zero. At this point it still further went down to one degree above zero at five o'clock, and rose again to three degrees above at six. These are the lowest ranges; and at nine o’clock the thermometer was at four degrees; at twelve ten degrees, and at three fourteen de- recs. ‘The average temperature was six three- fourths degrees, This cold has not been equalled for years, though it cannot approach the cold of the 6th of January, 1865, when the thermometer marked twelve degrees below zero in this city, and is said to have gone down in some quarters of New York to eighteen degrees below. Yet yesterday some curious phenomena took lace. One of the most singular occurrences was in crossing the river from Brooklyn at an early hour yesterday morning. A thick vapor had risen from the river, and, congealed be the cold air, hung above the river to the height of about fifteen feet, while above the sun was shining brightly. ‘The vapor had the consistency of a thick fog, and caused so much trouble to the ferryboats that bells were rung, whistles sounded and pre- cautions taken as on the occurrence of a regular November fog. This lasted for some couple of hours, until the heat of the sun finally melted this congealed vapor, to the great relief of the pilots and passengers. It was a phenomenon which had not been witnessed in many years. But then this is the Winter of extraordihary occur- rences. The suddenness of the snap yesterday caused many to tell the most extravagant stories of the extent of the cold, but the thermometers do not seem to bear these stories out. The following record will show the changes in the temperature for the past twenty-four hours in comparison with the corresponding day of last Nees as indicated by the thermometer at Hudnut’s Pharmacy, HERALD Building :— 1872, 1873, 1872, 1873. 13 3 3:30 P. N + 23 4 10 3 6P. 4 + 20 l4 iL 4 oP. 16 13 18 lo WPM wee 14 12 Average temperature yesterday stessseee OM Average temperature for corresponding date WBE YCAT. es eseseeee a 15% THE COLD IN NEW JERS! Thermometers All Through the State Falling Far Below Zero. No one living in the northern part of New Jersey can remember having experienced such weather in that portion of the State as existed on Wednes- day night. The coldest part of the night was be- tween midnight and morning, and the very lowest figures touched by the thermome- ter was at one o'clock yesterday morn- ing. At that hour it stood as follows:—’ On Totowa Hill, Paterson, a short distance from the Passaic Falls, 29 degrees below zero; in Newark, 22 degrees below; at Lakeview, in the Fourth ward, 25 degrees below; at Riverside, Thind ward, 24 degrees below. In the low, business part of the city, in places comparatively protected, it stood at from 20 degrees to 22 degrees below zero. Two thermometers hung from the same tree in Harrison street, Passaic village, both registered 82degrees below zero. At Midland Park, Allendale, and other stations west of Paterson, the figure of 22 degrees was reached. The coldest place he: from was at Bloomingdale, N. J., on the - land Railroad, where, at seven o'clock A, M., the mercury fairly reached 86 degrees below zero. bags like it was ever known before. One of ie thermometers, which registered 20 degrees in Paterson below zero at seven A. M., Was 80 above at one P. M, iy dies showing the remarkable variation of 100 degrecs in six hours. A’‘locomotive on the Erie Railway, at Paterson, was frozen fast near the depot, and could not be budged with @ full head of steam. ro and engine had to be procured to help it long. Aman named Thomas Wright was found frozen stiff in Van Houten street about five o'clock yes- terday morning, having been overcome by the in- tense cold while on his way home from sitting up with a sick friend, who had died. He was taken senseless to the station house, the proper restora- tives applied ana {fn a few hours he had completely recovered. There was much suffering among the poorer classes, but no fatal cases occurred. THE WEATHER THROUGHOUT THE COUNTRY lala ities The cold throughout the country yesterday was unprecedentedly severe, a8 the following thermo- metrical records will show :— Towns and Below Towns ana Below Cities. “Zero. Cites. “Zero, Poughkeepsie, N. Y... 26 New Haven, Conn.... 26 Vassar Col lege, N. Y., 28 Bridgeport, Conn..... 22 Rhinebeck, N. Y. 30 West Cornwall, Conn. 26 Armenia, N. Y.. 37 Canaan, Conn... . 38 Kingston, N. Y. 36 Falls Village, Conn... 30 Hudson, X. Y......5. 29 Providence, R.1....2 14 Y, 85 Boston, Mass + 6 30 Portland, Me. abt 12 brunswick, Me.. « 30 ¥. 3 Skowhegan, Me. 30 Wilkesbarre, Pa. 256 Lancaster, N. H. 42 19 Concord, N. H Scranton, Pa. 8 Harrisburg, Pa. 14 Bradford, N. H. 42 Pottsville, Ps. 18 Claremont, N. i 82 Tamaqua, Pi + 80 Hillsboro’.. 4 Reading, Pa . 80 Newport, N. 32 Oxtord, Pa. ! 83 Frederick, Md 19 Mauch Chun’ . 34 Baltimore, Md 4 Washington, b.c: 1 Glen Cove, L. 22 GOVERNMENTAL WEATHER REPORT. (cosnesssenpechinamnnetias WAR DEPARTMEK?, OFFICE oF THK CHIEF SIGNAL OFFICER, WASHINGTON, Jan. 31—1 A. M, Synopsis for the Past Twenty-four Hours, An area of quite low barometer has moved cast- ward from Dakota into Canada, accompanied by cloudy weather and areas of light snow over Minnesota and the Upper Lake region, where generally clear weather, fresh and brisk northwesterly to westerly winds and falling tem- perature are now prevailing. Southerly to west- erly winds and clear weather continue over New England and the Middle States, except generally cloudy weather over the Lower Lake region; gen- erally cloudy weather and northerly winds over the South Atlantic States, with areas of rain along the coast; clear weather from Missouri to Southern Ohio and southward to the Gulf, excepting cloudy weather over the coast. Probabilities, For New England, winds veering to fresh and brisk westerly to northwesterly, and partly cloudy Weather; for the Middle States, wind veering to fresh and brisk westerly, and northwesterly and generally clear weather, except over the Lower Lake region, where cloudy weather, areas of light snow and falling tem- perature are probable; for the South Atlantic States rising temperature and generally cloudy weather; for the Guif States, east of the Mississippi, mms.ng temperature, winds veering to ensterly and southerly, and partly cloudy weatne for tho Northwest and Upper Lake region rising barometer, decided fall of temperature, fresh and brisk northerly and northwestly winds, and generally clear and very cold weather; for Missouri, Illinois, Ohio, Kentucky and Tennessee generally clear weather and falling temperature. The Signal Office reports the following tempera- tures at some of their stations at eleven P, M.:—Duiuth, Minn., 8 degrees above zero; Es- canaba, Mich., 8 degrees above zero; Montreal, Canada, nine degrees above zero; St, Paul, Minn., eight degrees above zero; Breckenridge, Minn,, eleven degrees below zero; Indianapolis, Ind, seven degrees below zero; Virginia City, Montana Territory, nine degrees below zero; Fort Garry, Dakota Territory, twenty-two degrees be- low aero, ° bi THE STATE CAPITAL, The Custom House for Peace and Patience Instead of a Push, Governor Dix to Sign the Charter Bill. New Phases of the Charter Question—Green’s Present Position—The Appointing Power— Governor Dix Relents Toward the Senate Growlers, ALBANY, Jan. 30, 1873, ‘The charter {3 still the all-absorbing topic, and speculation is rife as to the changes which tha leaders have decided to make in it in order ta gratify the wishes of everybody who is clamoring for reform. It would seem that THE CUSTOM HUUSE PARTY HAVE DETERMINED ON A NEW ROLE entirely in the mamagement of the preliminaries, and instead of “pushing things,” as they made up their minds to do last evening, at the caucus a@ the Delavan, they have come to the conclusion that is much safer and more politic than if they acted on the whip and spur principle—to adopt a conciliatory and apparently peaceable course. This decision was not arrived at, it may be said, without a good sounding of the Gevernor, and the’ sounding it appears gives general satisfaction. He has become convinced that it is USELESS FOR HIM TO ATTEMPT TO CONTROL THR CONTROLLERS, and, while disclaiming that he ever had such am idea, he expresses himself willing to do all that lies in his power to further the aims of the domi-j nant party 80 long as they do not conflict with hi: views as to what a reform charter really mean: In a word, HE WILL SIGN THB BILL JUST AS THE MAJOR’ PASS IT, provided, of course, they do not tack on to it an; villany that would reflect upon him as a reformer, He still adheres to his opinion that the Mayo! should have the sole appointing power, but is no! by any means convinced that to give the power t the Board of Aldermen is against good old dem cratic principles. The plan, therefore, to “STEER AROUND HAVEMEYER,”” ‘as mapped out yesterday will not in every respec be strictly adhered to; but it is to be supstituted by one which will not make the Governor get hit back up, at least so say the leaders, As the pri posed charter now stands the Mayor and Presiden of the Board of "Aldermen are to appoint head of departments in cases where twenty days elaps before any appointment made by the Mayor is con firmed by the Board. The plan, of course, leaves PLENTY OF ROOM FOR A DEAD-LOCK, but this danger was intended to be obviated, understand, at the last moment by the designa- tion of some third official to act with the Mayo and the President of the Board. It has been found impossible, I believe, to decide upon wha this third party should be, and so THE LATEST PLAN devised, and which you may rely upon ag th one to be Leet by is to give the appointin; power, after the expiration of twenty day: und no agreement has been come to betwee the Mayor and the Board, to the Mayo and the Board jointly. That is to say, instead of the Mayor and the President of th Board conferring, with the prospect of a dead. lock in nine cases out of ten, the Mayor and th Board shall confer, the Mayor to have a vote the: same as any member of the Board. The majority of votes will, therefore, rule, and the appointiny ower Will be vested, in point of fact, just where indicated in my letter yesterday it would be— 1N THE BOARD OF ALDERMEN. What makes this plan a certainty now is th ascertained fact that the Governor, in the absenc: of anything better that is in consonance with hit views, will endorse it ifadopted by a large vote of the majority. This certainty has made the leader: as I said before, quite willing to be gracious an conciliatory, and at THE PRIVATE MEETING OF THE JOINT COMMITTEES 01 CITIES, which was held this afternoon, the republicat members were in the best Ros ta and really sur ised the democrats by the willingness they mani. ested to be patient and listen to their views no only, but to give a further hearing for or against the charter to any person who might feel anxio' to make it more perfect than itis Indeed, o1 motion of Mr. Blumenthal, they actually adopte an amendment allowing ‘ THE HEADS OF DEPARTMENTS TO SIT IN THE BOARDY OF ALDERMEN, 7 and participate in debates relating to their respec-| tive departments, but without the right to vote. This, however, was the only ameadment adopted at the meeting. notwithstanding the fact that Tre« main tried hard, as did Benedict, to have the Board of Assistant Aldermen retained. Am effort, too, to have the Aldermen elected four from each Senatorial district proved @ failure, a8 was @ suggestion to make the Board con- sist of twenty-one members instead of fifteen. The two committees seem to be unanimous on one point, and the suggestion of one of the Senatora, was touched upon without any debate whatever taking place, that it would be well to put THB PINANCE DEPARTMENT IN THE HANDS OF & BI UREAU, giving the Ger Een ds full power to attend strict}, to his duties without being obliged directly or indi rectly to take part in the management of any othe bureau or department of the city government. this idea should be carried out of course the Com troller would not be supreme, as now, and wou only count as one in @ department composed of three members, THE GROWL BETWEEN THE GOVERNOR AND THM SENATI e on the harbor master appointments bids fair tar end peaceably after all, and it is rumored that th former has requested that the names of four of th candidates for harbor masters he sent in, and which have not as yet been acted upon, be sent back to him. This evidently means business. paint at The Canal Board Appointments. ALBANY, N, Y., Jan. 30, 1873, The Canal Board has made most ot its appointe ments of superintendents, collectors, &c., nearly all of which are reappointments, The appoint< ments of superintendents on the first and second sections of the Champlain Canal and the second section of the Oswego Canal, as also those of cole lectors at New York, Montezuma, Palmyra, Roches-. ter, Fort Edwards, Penn Yan and Mount Morris, , were laid over until the next meeting, which wilk be held February 14, ANOTHER RAILROAD TRIUMPH. a rs The Great Iron Connecting Link Com- pleted Between the South, East and West—Complction of the Chesapeake and Ohio Railroad. RIcnMOND, Va., Jan, 30, 1873. In the month of August, 1968, I telegraphed the HERALD from the White Sulphur Springs that, by an agreement entered into between the stock- holders of the Virginia €entral Railroad and the Cov- ington and Ohio Railroad, then enly projected, by certain capitalists from New York, these lines were henceforward to be united under a merger, and to be known as the Chesapeake and Ome Rail- road, extending from Richmond at the tidewater of the James River to Huntington, on the banks of the Ohio River. The work was soon after com~ menced, and vigorously pushed forward through, the Blue Ridge and Alleghany Mountains, and Tt have now the gratification of announcing itsentire completion, as will be seen from the following tele~ gram, received to-day. oThe,tracks rom the four thousand feet cast Ot Miller's dacetolore ¢ d regularly foF business bet } in which came froth ieichnond starts for Hunting- | evening. Later advices state that the first train from this city had arrived safely at Huntington, the present. terminus of this great connecting link between the East and the West, The track laying on this | road is said to be superior to that of any of tie great thorougfares running paralle! with it. Tho [Sogn are infinitely lighter, and the curvatures r easier, These are advantages over the Pennsy!- vania Central and Baltimore and Ohio reads which will make the Chesapeake and Ohio a com-; petitive line of transportation. It passes througty @ country teeming with every variety of minerak wealth and the finest qualities of ceal on the Con tinent, and will soon be in connection by rail wit Cincinnati, Louisville and St. Louis. ere wad the greatest rejoicing all along the road as tha, first train passed through, and @ great public de~ monstration will be made here at an early day 1 honor of the event, A UNITED STATES COLLECTOR $160,000 SHORT. Memeuts, Tenn., Jan. 30, 1875. In the suit against ex-Collector McLean lof $150,000 deficit in his accounts, in the Circnit, Court to-day, William Miller, chief bookkeeper, tes! tifled to having mutilated the books by McLean’ order to prevent the Grand Jury from seeing tho entries, ‘Nest, on New