The New York herald., 1872-10-19
TOM G. FIELDS
The Charges Against Assemblyman Fields lor
Dcfrauding The City Government Sus-
tained by the Supreme Court.
A Rake of S46O, 900 at One
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JUDGE POTTER'S OPINION.
The People Of the State OF New York va Thomas
G. Fields, Impleaded with the Mayor, Aldermen
and C0mmonalty OF the City Of New York.-This
was an action brought to recover OF the defendant,
Thomas @. Fields, large amount OF moneys OBJ
tained from the Comptroller Of the City OF New
York by the fraudulent and corrupt means OF false
and fictitious claims, which he procured to be
audited and adjusted by the said Comptroller, and
obtained payment Of such claims from the said
Comptroller; that said moneys were obtained by
said Fields under color Of the provisions of two
statutes OF the Legislature of this State, passed
May 12 1859, chapter $40, the seventh section of
which directed the Comptroller Of the City OF
New York to audit, adjust and pay the
claims, not to exceed the sum OF $4,000,
to the members Of certain engine and hook and
ladder companies, specified, which were organized
under the direction OF the Metropolitan Depart
ment designated '.suburban companies The said
Comptroller was by said act authorized and d.
rected to raise the money necessary to pay the sum
or sums which might be found due said members OF
said Fire Department., &C., said claims afore-
said, on the stock OF the city of New YorK-the
stock to be issued in the usual form said stock to be
called the Fire Department STOCK" payable thirty
years after Its date, with interest And the Board
OF Supervisors Of the county of New York were
therein authorized and directed to order and
cause to be raised by tax upon the estates, by law
subject to taxation within said city and county, an
amount sufficient to pay the annual interest and
to redeem said stock at maturity.
TIE COMPLAINT ALLEGES
that under this provision certain claims were pre-
sented to the Comptroller, and were audited and
adjusted and fully paid by him, amounting to
$49,277 "a; that the defendant, by himself and his
agents, conducted the whole business OF presenting
such claims, and received from the Comptroller all
the moneys paid by him. except the sum Of spas,
which was paid to John Hart; that the claims 80
audited, adjusted and paid were the only claims
which at any time, prior to certain other act,
passed In 1870, were audited adjusted or found to
be due to any person or persons under the provi-
sions Of said act of 1862 either by the Comptroller
or by any other officer or person. The complaint
FURTHER ALLEGES
that the 28th April 1870 by the seventh section
OF another act OF the Legislature, entitled can act
to make further provision for the government Of
the city Of New York." the said Comptroller was
authorized and directed to pay the claims which
had been FOUND to be due to the members or the
same engine companies and hook and ladder COM
panies, under the provisions of said aforementioned
seventh sectiOn and to raise the additional amount
required for such purpose by the issue of stock or
the city of New York. In like manner as provided
by said first aforementioned seventh section and
the interest and principal thereof TO be raised also
in the manner as the same first above mentioned
seventh section provided; that there was not at
any time subsequently to the said first day OF Janu-
ary 1868 any just, lawful, equitable or other claim
OF any members OF member OF any OF the said COM
| panies; that the said
THOMAS G. FIELDS
well knowing the premises, but falsely and cor
ruptedly intending to delraud the public OF the
moneys hereinafter next mentioned. did cause to
| be made out, IN writing, certain new, false and
fictitious claims amounting in the aggregate to
the further sum of S459,972 70, in the names of
the same persons respectively, whose pretended
claims had already been so audited, adjusted, and
fully paid as above stated. and for the same iden-
ticai pretended causes OF claim, respectively,
as had been SO as Aforesaid respectively passed
upon, audited, adjusted ana paid in full, as afore
said and after the passage OF the said Act OF 1870
claims to the said Comptroller, and, as pretended
assignee Of the claimants in such new claims, OBJ
tanned payment from him, said Comptroller, as
| upon such new claims, OF the whole sum Of money
last above mentioned That the said Thomas q.
| Fields was member of the Legislature which
adopted the said act OF 1870, and was q promoter
OF said act; that before such act he had arranged
and organized measures for procuring the passage
OF such act and
FRAUDULENTLY OBTAINING
| the assent, real or apparent, OF said pretended
| claimants Of such new claims respectively, to the
of hs for ae Of mse eg G s
Fields, with formal or apparent assignment from
such last mentioned claimants respectively,
the said third day. of june cause himself
to be recognized by said Comptroller and
ana thereby obtaned the Said astmentIoned sum
| OF money which aforementioned sum Of money was
raised for the purpose OF such payment thereof by
means OF stock, as directed In said act OF 1870 and
sold on that occasion to bona fde purchasers. And
the said plaintiffs urther say that the said Thomas
reds naa aETeed with tn sad
| OF said act OF 1870 or any OF his said acts and
doings concerning the procurement OF said last
mentioned sum OF money, that he, the said Thomas
! G. Fields, should keep and retain, for his own
| benefit, as q reward for his agency In procuring
such Aforementioned sum, one equal moiety or hall
he, the said Thomas G. Fields, did accordingly re-
tain such half part OF such aforementioned payment
or MORE That ever since the aforementioned n
FRAUDULENT PAYMENT
to the said Thomas G. Fields, the Mayor, Aldermen
these several oficers II any, who might or could
exercise any power or authority In the premises,
and the Board of Supervisors OF the county OF New
York. and all their several officers who could exer-
else any power or authority in the premises, have
with notice and full knowledge OF such payment
and of its fraudulent nature, acqufesced in and
stll do acquescc In such fraudulent misapplicaticn
of the said moneys and at all times since such ap-
iniying with the said Thomas q Fields in the fraud
aforesaid, and in protecting him from responsibility
for s same ty ANY judicial mes % or
said sum OF s4j9,9.7 TO- with interest.
The defendant demurred to the complaint. and
set iorth the following causes OF demurrer, which
will appear in the opinion.
Charles O'Conor and w. II. Peckham for the
people and w. A. Beach for defendant.
Judge POttcr's Opinion.
Fiist-The complaint in my opinion, does state
facts sufficient to constitute a cause OF action. 1t
charges that the defendant falsely and corruptly
intending to deiraud TIE public and by means OF
false and fictitious claims obtained payment
from the Comptroller Of the city OF New York upon
such false and fraudulent claims to the amount Of
$450,e77 10. For the purposes OF this case this
charge is admitted to be true. Moneys obtained by