The New York herald., 1874-10-09
KELLI-.au,lVEHEYER-- WATERBURY.
Action for Defamation Of Character The
"FaIse and Scandalous Statements"
DAMAGES LAID AT 100000.

the Supreme Court" against Mayor Have
meyer and Nelson ]. Waterbury, charg-
ing them with publishing 4klse, scandalous
and defamatory statements in the HERALD and
other papers. Mr.. Kelly lays his damages at
$60,0oo as against each Of the defendants Below
win be found the summonses and the statements
OF either defendant claimed to be false, scanda-
lOus and defamatory.
sUPREnE CoURr-cttv and County OF Ne,o York.
Defendant. Sunsneons for RELIEF
10 THE DEFENDANT:-
You are hereby summoned and required to
answer the complaint IN this action, Of which
coy Of your nnswsr te th 1pon you ana 70 serve
suDscriDers at our of1ce, No. 1914 Broadway New
f0rk, WITHIN twenty Gays after the service hereof
exclusive Oh tne day or such service; and II you
fai to answer the complaint within the time alore.
SAID the plaintiff In this action viii apply to the
Plsintin7s Attorneys. 1s4 Broadway. New YORK
OCT. T. 1874.
!UPREME CoURr-ctty ana County or Ne.o York-
.0nrs Keuv vs.. WiAiaxn =. Hauemeyey.- The
complaint OF the plaintiff herein, appearing by
Wlngate and Cullen, his attorneys, respectfully
shows to this Court ~
Nrst-That at the time OF the publication OF the
lbels herein complained Of this plant,ff " ss and
now Is resident OF the city OF New York, and was
possessed Of and heretofore maintained good
reputation and credit and had the confidence and
esteem Of his fellow citizens, by reason whereof
he twice held the position OF Sheriff Of the city and
and as having discharged the duties OF the once
ol sheriff formerly held by him, In an honest and
Second-That from January l, 1873, to the time
or the commencement OF this action, said de-
iendant William F. Aavemeyer was ana now is
the Mayor OF the city OF New York, and tnat In
consequence thereof any statements publicly
made by him had great weight and credit win
Tntrd-That on the sth day OF July, 1874. this de-
lonent, IN connection with Messrs. Oswald Often
Ch1rVeA AGAINST MHfan0ant
as aforesaid, to the Governor OF the State OF New
YORK, asking for the removal OF the former nom
his said ofhcc or Mayor for gross misconduct In
ONCE, copy OF which charges are hereto annexed,
marked A. That after the said deponent had an
about September is. 1874, rendered his decision
thereon, which was published in the various news
fourtN-He iurtner o alleges that said defendant.
William + Aavemeyer, well knowing the prem
ises, Tor the purpose OF revenging himself upon
and for the said decision OF the Governor did
falsely and with malice towards this plaintiff IN
city OF New YORK, indite, write ana cause to be
published in the NEW YORK HERALD, newspaper
having M large circulation throughout the city Of
New YORK and elsewhere, o certain document pnr-
porting TO be letter addressed to this plaintiff,
dated from the Mayors once OF said city and
tsinsd the following false ana delamaIory s mat mat
ser:mYou lmeanlng this plaintlip are very dis
and county out OF large sun sums Of money While @
holding the position OF Sherlt1; you have
been guilty Of crime that is adequately de-
that tnis plaintiff, while holding the ofice or
6herin, as Aforesaid, had been guilty OF q. felony.
twiliam +. Havemeyer, well knowing the prem
lses, for the purposes aforesaid did falsely and
WI. WIN malice toward tais Piains IN or about the
York, lndite, write and cause to be published In
the NEW YORK HERALD "a newspaper having
and elsewhere) certain document puIportlng to
be letter addressed 70 thus plaintiff, dated from
signed BY him, which, among other things, con-
tanned the following false AID deiamatory mat
Tell
When you gave their the eonycts consisted of
tured the statistics made ont about equal number
Meaning thereby that the statistics and figures
contained IN the reports made BY this plaintiff as
sherir as aforesaid, to the Secretary Of State,
Sessions, were forged and represented convictions
which had not taken place In that or any other
Court.
reported twoseventns Of convcts born in Ireland
N hs ad @ IN Ill . %sas s s
natives Of Ireland convicted in this city in years
SsT
shosa aae sgs S % Mn
cannot imagine, unless you believe there was
pprejadce you Would divert attention from your frauds
Meaning thereby that this plaintiff had not only
forged the figures ana statistics contained IN the
Secretary OF state IN regard to the nativity OF the
persons convicted In the dinerent Courts but had
In addition falsely and maliciousy stated that The
vast majority OF the persons reported by him as
having been convicted were born in Ireland And
thar by panderlng to the prejudice allowed by de-
fendant TO have xisted In regard TO that nation
ality, this plalntn could prevent his fraudulent
conduct IN forging such returns from being de-
tected and punished. That this plaintiff Ia OF Irish
descent, and IS well known and highly esteemed
by those OF the same birth and ancestry, and that
the Aforesaid allegations were made by the defend
ant Tor the purpose OF lnurng the plaintiff in the
estimation Of said persons and causing him TO for
Et0htn--He further alleges that the said de-
fendant William +. Havemeyer, did falsely. ana
18TH day OF September, 1874 at the city Of New
York, indite, write and cause TO be published
arse sTo clrculaon throughout the city Of New
and elsewhere, certain document, purp0rting to
be q letter addressed to this plaintiff, dated from
the Mayors ONCE OF said city, and served by him,
which, among other things. contained the follow
ing false and deIamatory matter, said defendant
having first stated In his letter that the charges
he was ABOUT to make therein should not include
moneys which were paid to the predecessors OF
this painti In mis- oi1ice as snerln, although not
authorized by law, as aforesaid then, among other
things set forth the following false, hbelous and
nefamatory matter, VIZ. -
spsr S ss m the
one honest spot would be sort OF reet
Tenth-He further alleges that said defendant
did falsely and with malice towards this plaintiff
on or about the 18Th day OF September 1874 at the
city OF New York, indite, write and cause to be
publisned in the New YORK HERALD, a newspaper
having a large circulation throughout the city OF
New York and elsewhere, certain document pur-
porting to be letter addressed 10 the plaintiff
dated from the Mayo olicc OF the city OF New
York, and signed by him, which, among other
things contained the olowing false and deiama-
tory matter:-
Itmust not be supposed, because have so far given
only frauds in which you traudulenLy obtained
from county thousands OF dollars that there were
none Of the peut larceny order meanng thereby That
In addition greater offences, this plaintiff, while
Sher, aforesaid, had been guilty OF petit larceny
T1tirteents-This plaintir further alleges tnat
said defendant did falsely and with malice toward
this piatntif7, on or about the 18th DAY OF Sep
tember, 1874, tndite, write, and cause to be pub
lished in the NEW YORK HERALD, q newspaper
having large circulation throughout the city OF
New York and elsewhere, certain document,
purporting to be letter addressed to the SAID
plaintiff dated from the Mayors ONCE OF the said
city, and signed by him, the said defendant WHICH.
among other things, contained the ioliowing faise
and defamatory matters namely
/ have shown that ron havo defrnuded the public
treasury detained the character OF the CITY, peed our