New-York tribune., 1874-11-18
THE MAYORS LEGAL ANSWER
ALL FORMER CHARGES AGAINST JOHN
KELLY REITERATED.

KELLY REITERATED.
THE PLAINTIFF is ALLEGED TO BE WORSE THAN
TWEED. rs CALLED HYPoCRTTE, AND HIS
GUILT SAID TO BE GREATER THAN THAT OF
GARvEY OR INGERsoLL.
The answer of Mayor Havemeycr to the
complaint OF John Kelly lately sued him for libe
was given yesterday the pliinfrs counsel by Peter
d. Kenny, the Mayors attorney.
In IL the Mayor energeticay replies that he meant in
his letor to aege that the plaintiff had defrauded the
city and County of New-York out Of large sums OF
money that hs bills as Sheriff contained fictitious ana
fraudulent charges; that he had perpetrated small
frauds rs well as great ones that his CONDUCT hau
been criminal that he had made false reports Oh con-
victcus to the Secretary OF State and by sucn 1a'e
reports had DETAINED the character of the city OF new
York and also of that portion OF It's inhabitants oi 'e
same race as the plaintiff that he had violated MS oin
ola, oath and made false oaths fraudulent bills pre-
sented by him against the county; that by sen conduc'
the plaintiff had greatly disgraced himself; that his
n wos greater than that OF Glrvey Ingerso other
well known depredatOrs upon the public treasury oe
eause the plaintiff the incumbent OF au oince VI
high public trust and was bound beside tne oatn
to his bills, by the constitutional Odth VI 0hi.o
that he was also worse than Tweed, ahother
veu known depredator upon the public treasury
because the plaintiff was hypocrte, and had falsely
ASSUMED to be man of honesty and piety aud that the
sever,l satements In respect to the plaintiff contained
in the said letter. were made for the purpose OF impair
ing the respect and esteem for the painth OF other
persons 80 far the same ought to be impaired
The Mayor denies every other statement contained IN
the complaint bylheIway of innuendo, and SO much OF
every other statement is In addition 10 OF dereh
from the admissions made In his answer. He tnen
makes as a further answer ard defense the following
statements:
That at general election held and for the city and
county OF NewYork in the month or SoVeoer, is'o,
the plaintiff duly elected TO the once ol Sheflu
the said city aud county, and received cerlncate Oh
election in due FORM and and fled as required by
law the oath OF office prescribed by the ConsltlDh Oh
This state and thereupon, tine first day or January
1850 entered upon the duties OF the sald Once anu OK
ercised the same for and during the years 1907 ooI a
1851 and as the Incumbent OF said Office, discharged
CITY and county, the month Of November, lsG4 Tue
plaintiff again candidate for tue salI once oi
sheriff and was by greatest number OF voEes gwen
at tie said election, by fraud In the canvass ana
return OF such voes elected thereto, ana rece'eu
certificate Of election Ia due form aud took ana ned
m rroured by law the oath OF Office prescribed Dy tne
Constitution Of this state and tbereuDon, tne hst
day OF January, 1865 entered upon tue duties OF
said Office, and exercised the same for ana durng me
years 1865 1866 and 1861 an as the incumbent ol sau
0 @ Ts dng hs Of Paoe eod OF the months of April
july and OctOOer In each OF the years for ana during
plaintiff exercised the duties or the ONCE OF
Sheriff. aforesaid on the first day OF the month Of
january each OF the said except the 1879
in each Of the years and 1863 within snort time
after each Of the said days the plann at the CitY ana
O X,
proper officers bills against the said county Tor alleged
services and disbursements FOR tho several quarters OF
year ending on the respective days next preceuug Ino
sad several days in TINS subdivision mentioned, upon
wacu said blls tue plalntii, unawully ana Iraudu-
lenty or wrongfuy obtained ana was pad OUT OF tne
treasury OF the said county, DIVERS sums OF money III
tue manner and for the pretended purposes hereln-
class OF the charges contained in the said bills
That the plaintiff unla@fIy ana rauauently In.
cIuded in the said bills charges Tor summoplng 60 552
petit jurors, or aDou that nuuoe drawn Tor the ra or
civil actions the circuits Of the Supreme Court OF the
state OF YORK, and IN the superior Court OF the
CITY OF NswYork and In the Court or Common PeaS,
aud deceived the Board OF Supervisors or the said
county the Controller or the said city ana county
in respect charges, and procured tho anding
and payment thereof by falsely including tue same III
the SAID bills in such mlnner that they appeared TO be
charges for sdnm0Iing Jurors FOR the Court OF oyer ana
Iermner and COnrt OF General Sessions; that tho
plaintiff charged for part Of sucn Jurors at the rate OK
3Oc edcb aud for part at the rate or 35c each and
mat the plaintiff. in such manner, Trahdueny anu un
lawfully obtained ana was pald out Oh The treasury or
the said county divets sums OF money amounting IN the
aggregate more than sl9. G65 60
That the plaintiff uuawuly In
the said bills charges Tor summoning ! pett Jurors
or that number drawn for the Court OF Oyer ana
and the Court of General Sessions IN cases IN
which majority or the jurors named In the several
panels for which such charges were made, were not
personally served that the plaintiff charged for part OF
such jurors at the rate o 30 cents each ana Tor part at
the rate IS each, and that the pain 10 such
manner obtained and was paid out or the treasury OF
the saia county, divers sums OF money amounting IN the
aggregate than 1884, IN violation or the statute
In such made and provided, prohibiting payment
for the summonng Of any OF the JIrors named In such
panels. ,,,,,
in the said bills, charges Tor sunmonlnS l5Sl petls
jurors, about that number drawn Ior tue trial or
charged for part Of suca jurors at the rate OF 80
cents each, aud for part nc the rate OF 80 cents
EACH aud that the plaintiff In such manner unawfuy
ANA wrongully obtained aud was pad out of the treas
airy OF said county, divers sums OF money. amount
ing in the aggregate 10 more than 1898 80.
That the plaintln unawfuy and Iraudnlently IN
clued the said bills for tue year 1861 charges for
rs cents each being oyercharge OF five each
jurors, and that the plaintiff In such manner.
unlawfuly and radulenty obtained an1 was paid out
of the treasury OF the said county, divers money,
amounting III the aggregate TO sl,OI9 TO-
That the plaintiff unlawluly and rraudulenty in
cludcd in the said bills specified in subdivision three
summonng 60 extra panels OF Grand Jurors,
was made IN the same bills for summoning a Grand
Jury the same court; ana also Included In one OF
though such Grand Jury not summoned; and that
the plaintiff ia such manner. unawiuy M and Iraudu-
ently obtained and was paid out OF the treasury OF the
said county divers sums OF money, amounting In the
aggregate TO 5000
In the said aforementioned bulls charges Tor attending at
drawing OF S22 panels Of petit jurors or about that
panel and that the plaintiff in such manner unlawfuy
and wrongfuliy obtained. and was paid out OF the
treasury OF the said county divers sums of money
amounting in the aggregate to sS22
That the plaintiff unlawfully and frauduently In
year 1859 charge for 1854 pretended "pris0ners
itted and discharged from prison during the months OF
cents each that such pretended "prsoDers," II they
had any other than an imaginary existence, we're
tons other than pisons that no such persons were IN
the charge custody OF the plaintiffs that the plaintiff
in such manner unawfully and fraudulently obtained,
and was paid out treasury OF the said county,
sum OF s6S 25 and that the plaintiff incluIed in his
hill for the succeeding quarter similar but much
larger charge the months of April May and June OF
the same year. but the Controller OF said city ,and
county having discovered the fraud aforesaid
in the previous BILL refused to allow pay
the same.
cluded In said bills for the 1865, 1885, and 1867
charges for conveying 105i alleged prisoners, about
that number prisons other than the State Prison,
who were in his charge or custody. and not
committed conveyed to PRISON. but, Is claimed
by him in his said letter. hereunto annexed, msred
&C." were conveyed to certain institutions known as
the Workhouse and the Juvenile Asylum that If such