New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-05-08
ANO1UER HEATH SUIT
HEAVY DAMAGES CLAIMED FROM JAMES II.
INCERSOIL.

HEAVY DAMAGES CLAIMED FROM JAMES H.
INCERSOLL.
EUGENE A. ATH SUES INGERsCIL ALONE FOR
100000 Fos LIBEL IN DECLARING HIM TO BIZ
A PARTICIPANT IN RING IRAuDa-THE BILL ON
WHICH TIE DEtENDxAT MAS CONVICTED OF
FORGERY.
Eugene a. Heath has begun another suit to
recUv.l $1,000 damages, this Time against aaIhs H.
Inselsol individually. The complaint sets forth that
ngcIS0l pucIns ed from Felix Campbell clam against
the city Of - 392 r. This bill hauduently raised
to Sl513S 40 and made payable to Heath Smith Tor
articles alleged to have been furnished y them TO the
city, Iu.elSO il is alleged, and this large be was
g. rvictcd forged the finn name OF 9TH Il Smiib
to the account rendered aud procured II to be audited w
otter Courthouse Commissioners. aud aherWarh
collected tho amount from Controller C"hhOhy
To conceal the transaction. InseisOn opened
sn account uron tho books Of the Heath ~
smith Manufacturing Company, OF which !nsor-
soil was President III the name OF Heath smith, III
known to tie complainant when tie complement dis
covered the entry aud ask'd for an cNplatl0I he WAS
told mat IL was merely for IngrsOls personal con-
veencc and that the account private one. AM ~
such il Wa, timed the books OF the cOncrn After
ward when In.cr.o and harrington were indicted In
rcrsol declared that the complainant was cozant OF
all thc,. frauds, and had received portion OF the pro
ccrils In consequence of these allegations tie com
painant was injured in lis good name and be asks for
$l00,OOC damages
The bill Of item9 which Ingcrsol. ALE led, forged
the Arm name ~ Heath & Smith, and on which he was
convicted has Oeiorebe made public 10 Is aid To
be far sue.inen kind OF bill against tie city rcn
ered In those days. the articles being charged for ut the
rae Of tnoo The market price while. it is as
serted one-quarter Of the articles were furnished
The following Is the complaint:
SUJJcme cart, Ciiy and county 0f Mem iOrk-Eugrne
A. Heath against james II. Its,IsVlL-tliJ ahd Co4hl
Of NoW-Yoik rs: The plainiin in ths action, by ~ d.
tie .lpfln Lam
II. Ia ;rrsOl anh respectfully SLOWS nnJ0 tLlS CturI
That the plaintiff is and FOR t. yc.rs and upward
PAST has heen, merchant doing business in the cry OF
Iot in or near the month ~ Jannary in the year sG7
me plaintiff ilh william II. smith. 'nolcd b" CO.
Partnership under the style aud nm raine" Heath
-n in Tie buSin, - of manufacturing iinHaTe, III the
city OF New-Yoik That the 10Th day ~ June. IN The
year 1869. tho sal' liam Was dissolved aud "hoiy
rnr degree transferred and made To cOrlOraon
ahouI that time duly formed under TIM Laws of Tie state
OF ConDccticut. called aud known rs HE Heath omith
Manufacturing Company. That a large amount oi
tIc stock OF said corporation so"n aiteIwad
III on Gr,,mc pre-, dent Of aid COZ po aon and JuIins
tho as year 0r so OF liz existence exercised controlling
uilhc II and all the Oicl.,ioS tLoeOl Ia ~
licrwaid and about the month of August IN the year
ls1l aoolai tnorsip VAS formed between the pa,nn
nnd defendant ana one Ihe"ao.e A. AuS'in ana B9sS a
j. Austin. under tie style and linn name oil h. A Heath
Co, which said firm was organized for tue PURPOSE
among Other things at eeetnS tne sale Of EVois mat
were and might bc manufactured by he said corpora
NJ" a Mnrray-~t. in the city Of Sew Ioik.
That said dofudant was. during large part OF the
OF the new County COurhOGs'. al tho CITY OF New
York. and chairman and treasurer Of sail board mat
b,lns such Cumnls sUntr as afOlfSd The said defend
ant, III prinr To tho month OF Decenbe 1871 Or the
purpose and with thc ncnt OF cOutrNi- ana deNisiis
and giving shape aud form tG some fictitious cam
against tie said city. and obtaining money thereon, as
the palntin * iniorm,i aud brhe'eS O IGiu iOr or
bought certain real or pretended claim aga INST sud
city from one Felix Campbell for which siid claim TIE
Il u paid Ln s, Tn m S's ~ Wien said last me- n
the sand defendant borrowed or obtained from
the said Heath smith Manufacturing COM any Tor the
eating the plaintiff in tne frauds ncr"inIfter SET forth
That aftcrwaId and ID about the said month OF Do
e, Inhrr $50 tie said ocrcndant making items Of
the -nd bin bOmghi by him from the said Campb Il
basis therefor, did iIudulenIly and alscy an Vii on
he knowledge consent of tho p.aniii. and without
any iuN petene for doing m de mp or caused To he
up alhe and fraudulent bill Tor goods, wares, AMI
neiuLandist work. hbO, and services. amounting ~
The sum OF fl3.l3s 40, true copy Of whrh IS hereto
Xcd, marked Schedule tlat ne said Defendant
did thereby. and IN conn elton Herewith and without
the concurrence or knowledge OF the laI iaiStly ana
maclousy say, Affirm, give our, anu iotehd as L,S
plaintiff Is INFORMED ana believes tEht tIc Stid DIN
wa, true and Just b and that the claim therefor was
true aud Just claim against tue Sald ciy ana th.l tho
sad city liable ana bound " pay no same 10 Tie
said oath X Smith, and that The said arilcl OF mef
claudse had been had Of and that the said work aid
labor Ind been done for the id city by the said firm of
boise aud that the said sum of $lJ.ijS 40 justly
due aud owing thereon 10 tho said nrm OF ii'alh *
demanding and did then deinnnd payment thereof
from the said city. And tue said defendant
s sS -n nor Of 40 pon and N pretcnIcd payment
said pretended b forge, procure to be forged the
SAID account. aud did thcicupUn Wfy, ana pO,io the
oier members Of SAID Board certify that the articles
said bill rated had been receive d. and The SER
Therein set forth bad been perfOiued ana tat the
necessary for and had been or wonld DO up
Piled the OF tho County Courthouse, and
That the prices specified IN snd bill W. 10 just ANA rea
sunable the said Board did thereby audit ana
prove the zane.
Tlat the said defendant did thereupon, without
IN. knowledge Of the plaintiff falsely and Inaic0usly
pres the said Dill audited anu approved Ia
be- presented the Controller oi said city, dud dl Will
uu tho know ledge Of tho plaintiff falsely aud wickody
him. the said Controller. wruut or check,
form OF law, Tor the said sum OF Sl5,l3S 40 pay
able al tie Broadway National Bank, "a tho order OF
tht-sid Heath smith, IN pay Icnt ind satisfaction OF
said bill, and did tLcreulOD iascy and wched, aud
without the knowledge cOns AT VI the plaintiff fOrSc.
cause to he forged, at the ioot of
said blu the name OF said Heath smith.
~ evidence " tie receipt OF the said sum
aud OF the payment Of said bill Aud the said defendant
did Immediately thereafter without the know ledge of Ino
plainiin, falsely and wckrdly forge. caused 10 he
said check. and did tnereupOn receive the
so l3S 40 upon the said warrant or Cncck.
and apply and appropriate the sinc uni the whole
thereon Ia his own use.
Aud the plaintiff information and belief, cai
baniig the said sum OF IBIS 40 ~ Aforesaid.
tbs said defendant tearing that the transaction might
be questioned and that the plantin might be- inquired
concerning the and desiring for the purpose az
influencing controlling what fLe iluintiu uiiSnt saw
tstiy concerning tho same. "a iWpicae ti' plath
Rotary John ID. Farringon. Jr. un tie said ish day
OF January, 1871, Without tie knowledge OF
consent of the plaintiff. and with the wicked
intent and fraudulent purpose afOrvsaii,
Smith Manufacturing Company 10 OPEN an account upon
the books OF said corporation IN the name II Heath
smith. And the said bOokkeep per did tloIouon obodi
said orcr and without tho knowledge or euS"Dt