Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-11-01


Besides the suit Of the attorney-gener-
81 against Tweed and others for g, ,000, 600,
smother suit has been commenced bY the
Board of Supervisors through Mr.. O'Gor-
man, tho corporation counsel, in which
the amount claimed Is $40 O00,0eO The
grounds OF this suit Gre that Mr.. Tweed,
while prF sideBt Of the board OF supervi-
sors in 1853 and 1870, besl5es violsting his
duty in various other respects, entered
into corrupt conspiracy TO dsfrsud the
, city by means OF false and fraudulent
claims for work and materials alleged to
have bean furnished the city. The com
rlaint, which wRs fled yesterday, is a.
| follows:
Supreme Court-The Board OF supervi-
sors of the County Of New York against
William u, Tweed,
The complaint OF the plaintiff respect
fully shows:
First-Thst daring the year 1853 and up
to the 9th Of April, 1870, the defendant
Was one OF the supervisors Of the county OF
New York, and presidents Of ssid board.
Sec0nd-Thst on the 10Th day Of April,
1870. by act of tbs legislature Of the State
OF Nav York enacted On tbSt day, IL was
enacted - follows: All Gabilitiss against
the county Of Nsw YORK Incurred provi-
Gus 20 the passage OF this seb shall be su-
dited By the Mayor, comptroller, and pres
e1t president Of the hoard Of supervisors,
and the amount which shall be found TO
be dDs shsH be provided for by the issue
OF rsvenus bones Of the county Of New
York, payable during tbs year lS71.
| Third-rhst by virtue Of his official po-
sltion as member of said board Of super
visors, and as president OF said board, on
the 10Th day OF Aprl, 1870, pursuant to
! the statute in such cases made and pro-
! vided, the said defendant became and was
| a. the days and times hereinafter men
toned, trustee OF the property, funds
and effects OF said county of New York,
| sDd IL was his duty faithfully and hon
estly to execute the duties and exercise
the powers conferred upon him, and 10
| use The utmost diligence 80 prevent waste
| and miSapprOpri alton Of the public funds,
FOurth-Thst the said defendant, diEre-
/ gsrdinK and violating his duty in tbs
premises, and e3rruptly, contriving and
/ intending to cheat ard defrsud tbs plain
tiffs, at about or prior TO the days and times
| mentioned in the schedule hsresO annex
/ cd, did enter into 8 corrupt conspiracy
/ snd agreement with certain persons,
whose names are mentioned in said sohed-
| ule, and with certain other persons whose
names are unknown TO the plaintiff, to
cheat and defrsud the plaintiffs in form
and manner ss follows, snd otherwise:
| Fifth-Ihst pursuant TO ssto corrupt |
| conspiracy snd agreement, said persons |
above mentioned did assert, produce, and |
| claim 60 be due them from said county |
4
in the schedule hereto annexed for divers |
works, labor, msterisls, snd commodities |
by thsm alleged 20 hsve been furnished |
to said Counts Of New York At the re- |
quest and employment OF the board OF /
supervisors thereof. That the bills snd |
claims so asserted and alleged by said |
pe-sons were msnifsst!v and grossly ex- |
cessiye snd exorbitsnt, false and frsndn- |
lent, to the knowledge Of said claimants |
and Of the defendant in the following psr-
ticulars. That many Of the charges so |
made were wholly tslse and fraudulent, |
and the WORKS, materials, ana commodities |
named therein had never been furnished /
10 said County Of New York, that many |
other Of the charges SO ssserted were eX- !
cessive and sxorbitEnt, and exceeded the /
market value of The articles enumerated /
more than ten-foid.
Sixth-Thst Notwithstanding his knowl- /
edge Of the false, fraudulent, excessive and /
exOrbitsnt character of said clsims, the /
defendant, pursuant TO bis conspiracy end 1
agreement 70 cheat and defrsud the plsiu-
tiff, snd uIon the understanding and /
agreement that portion Of the amounts 4
paid from the treasury OF ssid county 10 i
the said claimants upon said excessive /
and exorbitant bills sOhuld be paid to /
him, the said defendant, did vote for and /
procure the audit and allowance Of said /
bills BY said board OF supervisors, or by /
comptroller thereof, and ssid defendant
acting under and pursuant to section of /
chapter 3s2 Of the laws Of 1870
SsSeoth-rhss said defendant, when
acting with the mayor OF tBe city OF New
York, and The com mptrOller thereof, under /
cover of said section 4 Of chapter 3S2 Of the
laws Of 1870, did neglect 70 examine any
OF the bills snd claims against said county /
presented 70 said officers, and did certify /
the said claims without any examination /
whatever, pursuant to his corrupt agree
nlent and conspiracy with the claimants
as aforesaid.
Eigbih-Fhst afterWaTd at che days and 1
times mentioned il ths schedule hereto
annexed, the said bills 80 allowed as sfore-
said, were paid to the persons named in
the said schedule from The treasury of the Il
said county Of New York, pursuant TO the
audit and allowance thereof by the board /
Of So pervisors or by the said mayor, comp
trOllsr, and the defendant, coTruptly voted /
for and procured by the defendant as
aforesaid, and portion or share Of the
amount 50 paid Tss cOrruptly received by |
the defendant or by some peTson for his i
use pursuant TO The conspiracy and sgree-
ment aforesaid.
Ninth-Thst out Of said extrsvagank,
fraudulent aud unlss ful pRy msuts mads 4
as aforesaid from The funds of tho asid
county Of New York, ls;gsRunas Of money |
but OF what amount plaintiffs are not ceE-
tGiniy informed, have, by indirectioD,
circuity, cover, connivance and fraud, i
besn paid 70 and received by defendant, |
and that as trustee as Aforesaid, be Is 1
/ bound TO pay over all OF said moneys 10 i
the plaintiffs, and Il to them accountable /
in Law and In equity for tbs same.
Tentb-Thst the plaintiffs have sus-
tained damages in the premises In the |
sun of SO, 100000
Eieyenth-W therefore plaintiffs demand /
that the amount OF such fraudulent and |
excessive bills, over and above the true /
value Of the goods and commodities in /
said bill and charges enumerated, which 1
were actually furnished TO said county, |
may BE- aacaTtai1ed, and that they have |
have Judgment against said defendant for /
the excess OF said smount paid over the /
vslae thereof, and that a discovery be bad, /
under oath, Of tho amount or portion OF /
said payments received by the deieaaant, |
and that Lhs said defendant be ssjudged /
to hold the same and the proceeds thereof /
as the trustes Of the plsiRtins, and that /
the plaintiffs be adjudged 70 be the lawful /
owner and entitled to the possession Of |
the same or the pFOoeeds thereof, in whose |
hands soever Che same nsy have been /
transferred, and such other and further |
relief Rs to the court may seem just and /
equitable. RICHARD O'GoRMAN,
Counsel to the Corporation, Attorney for /
the plaintiff
Geo. Hcknor Curtis, Rssistant counsel. |
The schedule referred TO in the above !
complaint Is as follows, emitting the
items:
Warrants paid 70 James II. Inger-
soil & Co. IN 1893 and l67-....... Sj,6d ia .
Warrants paid 10 Andrew J. Gar