The New York herald., 1874-10-09
NEW YORK HERALD FRIDAY OCTOBER 874-TRIpLE SHEET

against said defendant, william r. Havemeyer, for
Lne sum OF $50. 900. together with the costs and
= WiNGATE CULLEN,
Plaintins Attorneys, NO. 1874 broadway, Ny.
SSS1n1 Gu,y sworn, says that he is the plaintiff
above naiASdy ret ret the foregoing complaint Is
true Of his own kS euEs espt Is @ g the mi matters
therein stated on informs Wy w kXS471 sA~ - "
sworn 10 before me, this sixth day Of October.
l61L-FRED. p FAIRBANKS, Notary Public. Kings
county, N. Y.
SUPREME CoURr-Cttv ana County OF Ne,o York.
John KeLav Platntir, us. Nelson j. Waterbury, De-
tezddat SunsHOns J0r ReIteE
To THE DEFENDANT:- Mw . n
You are hereby summoned ana required TO
answer the complaint tn this action, OF which
copy OF your answer to the said complaint on the
subscribers at our ONCE, No. 194 Broadway, New
exclusive OF the day Of such service ana II youyfaii
to answer the complaint within the time Aforesaid
the plain "a IN this action WIN apply TO the Court
wrNGATE 3 CULLEN,
Plaintins Attorneys. No. lsA Broadway, N. Y.
SUPREME CoURT-Cttv ana County QrNe,o York.
John Kelly cs Nelson J. W0terbuyv.-The affida-
or's letter claimed to be iibeilous, and presented
In Mr.. Keliy's affidavit against the Mayor, then
further alleges that, on or about the lsth day OF
September, 1874, the defendant well knowing the
premises, did falsely and with malice toward this
plaintiff cause to be published IN the New YORK Daily
YORK and having . large circulation therein, a
certain letter addressed to the editor OF said New
YORK Times which, among other things, contained
the following false and ibellous statements as re-
CARDS the defendant 10 witt
II know that every statement contained In the
said Hayemeyer) is true and tnat Kelly @ meaning Hs
this plaintin) Is the public r0bDer that the Mayor
has depicted him TO be, he, the said delendant,
assert that the said plaintiff had deirauded the
said city and county OF New York out large sums
Afv mr. nu ov1A hnA haAp rvv1f1t nF -
cously intending thereby to njure the said plain
till and his good name, lame and credit, aud TO
bring him into public scandal, iniamy and dis
Sirtn-He further alleges that on or about Sep
tem6er 10. 1874 ct the CITY OF New York, the said
spatched to the Secretary or the Democratic state
same should be handed to the Chairman OF the
Democratic State Convention. then being held Ill
was v Irominent tine member, telegram ms senea r Dy
him. and containing the following Iase, hbelo us
and defamatory matter as regards this plaintiff.
ANEw YORK, Sept. 1a 1874.
"Havemeyer's exposition or Kellys Irauds',
Wilam % II Havemeyer Sss CONCERNING I the pIaint al TIM
..cannot appear until Friday morning. 1t proves
Kelly's bulls. IKE Garyey'ms m and lngersolls. frauds
tnas the bills OF this plaintiff presented BY him to
the county OF New York while Sheriff as aforesaid
certain false vouchers upon which Andrew j. Gar
vey and James Ingersoll had defrauded said
county out or large sums Of money, for one OF
which acts said Ingers0ll was then q convicted
felon undergoing imprisonment.l II telegraph In
the interest or no candidate, but to avoid the
odum OF this audacious robbery" (meaning
thereby that this plaintin, while Sherln as aiore-
said, had been guilty OF o felony. "Let Kelly
stand aside 1or the present. So Neither
hereafter" meaning thereby that this paintlr
had been guilty OF such acts that respectable men
could not associate with MIN thereafter, which
telegram was received ana read by satd Secretary
and also by said Chairman and many Members OF
said Convention, and was also published In the
Syracuse Morning Standard OF September II, 1874
a newspaper having an extensive circulation In
said city OF Syracuse and elsewhere.
That by reason OF said libes the plaintiff has
been grievously injured in his reputation and
credit, and has been damaged in the sum Of
$5O,000.
against said Nelson J. Waterbury Tor the sum OF
$4,000, together with the costs and disbursements
OF this action. WINGATE i CULLEN,
Plaintiffs Attorneys No. 1914 Broadway, NY
city ana County or Nelc YOrk SS:-John Kelly
being duly sworn, says that he is the plaintiff
above named; that the foregoing complaint is true
Of his own knowledge, except as to the matters
therein stated on information and BELIEF aud as TO
those matters he believes 1t to be true.
Sworn to before me. this 9th day OF October,
1sA.-FRED. P. FAIRBANKS Notary Public, Kings
county, New York.