New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-10-09
JOHN KELLY'S SUITS.
COMPLAINT AGAINST THE MAYOR.

FRAUD-THE MAYORS COMfAiNSON VI nAA-NA ~
TWEED BASIS OF ACTION
The complaints of John Kelly against Mayor
Havemeyer and Nelson J. Waterbury, the reputed
author of the late statement made the Mayors
name, were served on the defendants yesterday.
Tho complaint against the Mayor, after recitng the
position and character Of plaintiff and defendant pro-
Deeds the grounds upon which the suit which 10
for ssoOC damages based Mr. Havemeyor ia charged
with malicious purposes Of revengng himself and with
attempting injure him In the estimation OF his coun-
trymen of Irish descent and nationality The material
parts OF the complaint are as follows:
on the sth day OF July this deponen 10 connee
ton with Messrs Oswald Ottendorfer and william IL
Wiekham preferred certain charges against the defend
ant Mayor aforesaid TO the Governor OF Ine sae
Of NewYork asking for the removal OF the former from
said oGce of Mayor for gross misconduct IN Office
Alter the deponens had his
thereon which published III the various newspapers
He further alleges that william F. Havemeyer, we'll
knowing the premises. for the purpose of revenging
aud for the decIson OF tne Governor did falsely and
with malice toward this plaintiff, on or about the 18TH OF
and cause 10 be published certain document purpOrt-
ing TO be letter addressed 10 this plaintiff dated from
the Mayors Office and signed by hm, when, among
other things contained the following false and deaha
You %s.na; his r.nta dsAones. You
pI sssS cit, and count unit, ont sS 81 s re
eosaon u S1e Of the CITY and
@eas1n. :, hi: p.n ss .isss.sT
%ss ssas tss Ses Of sheriff Aforesaid
This plant by way OF further and separate
of action again alleges each aud every matter and
thing herein above set forth IN the foregoing para
He further alleges that William F. Havemeyer, well
knowing the iCr apd @ on or about
the 18th day September 1874 at the City OF New YORK.
nae Will ana Gauss ~ psddressnd TO this pan
till. dateG rOn the Mayors office and signed ny him
wncb among other things. contained the following
false ana defamatOry matter:
when gave thor the cOpvcs consisted Of about eight
the made
out about an eql a number Of Sc
Meaning thereby tnat statistics and figures con
reports made by this plaintiff as Sherin TO
the Secretary of State under the head OF convictions IN
convictions which had not taken place IN that or any
When you cave the names you reported of tn.
bora Ireland DID not made sbog. twice as many bonn
ui cnvc:e ia l city Verify you could have had
nS papsr have pepetsted this
rbe Tibet race canno1 unless ya SeIee mere
You Would lis IT attention from your frauds
forged the figures and statistics contained in the return
made by h, snerif to the Secretary OF State. In
regard the nativity Of the persons convicted In the
different COURTS but had In addition falsely and mall
cou-y stated that the vast majority Of the persons re-
ireland Aud that this statement had been made by
lowed by ieeadant to have existed in regard that
nationality tuis plaintiff could prevent his fraudulent
punished This plaintiff of Irish descent. and is well
known highly esteemed by those OF the same birth
by the Defendant for the purpose injurng the plain
TIT in the estimation of said persons aud causing hun to
felt their respect and esteem This plaintiff. by way
of further ana separate cause OF action again alleges
aud matter and thing herein above set forth
He iurihar alleges that william F. Havemeyer we'll
knowing premises for the purposes Aforesaid did
falsely. aud with maice towards this plaintiff.
about the 18th day OF September 1874 at the City OF
certain document, which, other things, contained
the following false and defamatOry matter said defend
having first stated IN his letter that the charges
was about make therein should no; include moneys
which paid TO the predecessors of TINS plaintiff in
hta fiienA I.rlh llW
aforesaid them among other things set forth the follow
ing false. Ibeous and defamaory matter, viz:
Fud part Of bills such extent that
TINS plaintiff, by way Of further and separate
OF action, again alleges each ana every matter and
He further alleges that said defendant, William f.
H4vemeyer. we'll knowing the premises. for the pur
this plaintiff, ON or about the 18Th day OF September.
1874 at tue Cy Of New York ndlte write aud cause to
be published certain document which, among other
things contained the following false and defamatory
i mus. Dot be supposed because have so far given only case.
aa vheh autunt obtained from county thousands Of
Tnis plaintiff, by OF separat, AID further cause
of action again alleges each ana every matter and thing
set forth 10 the foregoing paragraphs.
This plaintiff further alleges tnat at the time OF the
Nbels herein set forth Andrew j. Garvey and James
II Ingerso had been accused and proven to have
frauduleny obtained a large amount Of money from
that tue said IngersOll then convicted elol under
going sen,esce for felony committed by him in defraud
ing said city and county That at said times William
Works in the City of NewYork, and held various posi-
going sentence for crimes and msdemeaDors committed
by him the exercise OF his Official trust Tnis plaintiff
further alleges that said defendant, William F. Have
meyer well knowing the premises, Tor the purposes
ti. indIte write, and TO be published certain
document. which, among other things contained the fol
ssss sa that Sas pubic
A S ely SSs our Of ga S" & ind, '1S
.i"sa while holding the Oce sheriff Aforesaid
.Saasat bids. and had falls ssd statistic.
W.. f.r IL excess OF reality committed therein
s,SsS S % asserted deal proportion
said bad been committed persons Of Irish den, than was
0n Ia retp.c better than CAREY IngersSni
@ no HnS % @ y3s pD trust and
bOs.d beside the oath e By Tie :cS:u' 9D, oath Of
said, had committed the crimes of which Tweed and
IN addition he. as such Sheriff had sworn falsely,
think S o s s a a.S r S s aS he ra
no psnson. purity You the svOyns
Who 60 with the paE Of honest their names often
Meaning thereby that this plaintiff had been a. great
offender against the criminal laws OF the State as the
ana was undergoing imprisonment as Aforesaid. That
this plaintiff nypocrte, aud had falsely assumed
was dishonest and Corrupt that by Of said bes
plaintiff has been erlevousy injured in his reputa,
$4,000 Wherefore this plaintiff demands judgment
against said defendant William F. Hayemeyer. for the
OF $4,000 together with the costs and dsburse-
Ct.v and COUNTY Of SsS York, S.: John Kelly being
duly sworn, says that plaintiff above named
that the foregoing complaint is OF his knowl
edge except the matters therein stated informa
tion and belief and to those matters he believes 1t
be true JOHN KELLY
sworn 70 before me- this sixth day Of October. 1874
Notary Public, Kings County, ny.
Several citations from the Governors decision in
Mayor Havemeyers case appended to the document
but are not Of general interest.
NELSON J. WATERBURY ARRAIGNED.