New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-10-16

TWEEU'S .ANSHER.
REPLY TO THE COMPLAINT IN THE SIX
MILLIONS SUIT.

RIGHT 40 APrEAL NOT wAIvED-GENFRAL
DENIAIS OF THE CHARGEs-fHE WORK OF THE
BOARD OF AUpIT-CoNsPIRACY WITH JAMES
wATsoN-THE CITY OR COUNTY OF NEw-YoRK,
NOT THE PEOPLE. TUE TRUE CLAIMANTS.
William NJ. Tweed has finally served his
to tho suit OF the people against him for SIX
millions stolen from the city through the Board OF
Audit In II he makes denial on information and belief
to compel the plaintiffs to prove their claim, sets
up that the County City of NewYork and not the
pie the true claimants for any money that may be
due this account and each has action now pending
against him for the claim and that the part grow
eng out of keyscr Davidson, and Garveys claims has
be,u released to them conditions of which he may
avail himself. This answer however, is put ia under
protest. 1t is rs follows;
THE ANSWER.
The defendant William NJ Tweed, TO the com
plant as follows;
For first defense.
l. That on the Goth day of April 1870 Abraham Oakley
Hall Mayor of the City OF New-York aud Richard Il.
Connolly Controller thereof, continued the end
by the Legislature of the state containing section of
the general purpor mentioned in te complaint but for
greater accuracy this defendant refers to the act Itself
H. That this defendant and James Watson. now de
ceased did combine conpre, agree together as
III That between the 2eti of April 1870 and the %
nsdI Sror the & Of Ap 7o we're
certified and audited In conformity with the provisions
certified audited truly stated in the said complaint
amounted in the aggrc gate the therein men
toned whether the schedule annexed to said com
plant marked A" contains true specification Of the
persons in whose favor such liabilities certified
audited of the amount OF tho andts severay made,
or whether the claims in said schedule marked "A were
in fact certified audited in favor Of the persons or for
the sums therein stated, or whether warrants for the
payment thereof were issued or whether said schedule
contains the date OF the ALLEGED iss1e OF such ALLEGED
no knowledge or information sufficient t. form belief
ton sufficient TO the Controller OF
the City of for the purposes stated III the com
in said complaint mentioned obtained from purchasers
thereof during the period in the complaint stated or
whether the amounts stated in the complaint alleged to
have been received from the bonds so alleged to have
ISSUED deposited in the bank to the credit of
the account in the complaint mentioned or to the credit
of any other account whether the moneys in the COM
plant alleged 10 have been deposited other moneys
in the complaint stated were drawn out OF said BANK as
ton and belief alleges that it the duty Of the Con
troer 10 deposit the proceeds OF the bonds sold by him.
National Broadway Bank of the CITY of NcwYork to the
credit of account kept BY the Chamberlain of the said
city County Treasurer of the said county, and that all
moneys received from the sale of bonds by said Con
trollcr and deposited ny him. were s compliance with
the statute and usual mode of official proceeding in me
said city deposited In SAID bank 10 the credit Of said
County ireasuTer and the bonds issued ana sCd by nm
the said county was liable. and which 1t was legally
bound pay and that all realized from the dis
position sale of any bonds issued under and in puIsu
of the act of Legislature of Apr 20 $50 heretofore
referred to- the moneys OF the County OF New
that the plaintiffs herein have at no time had any in
tcTes said bonds or in said moneys or IN any Of the
V. That Oh the 26th Of April 1870 and thence and
until his death; james Watson the County Auditor OF
the duty Of SAID Watson to examine and certify allow.
anS "a d q" A sS1 l se and Until the m Of
july 1870, Joseph b. Young WAS CLERK OF the Board OF
Sup .rvisors Of the County Of New-Iork.
VI That paper of the general character OF the paper
signed by the several parties in behalf stated in the
complaint. and the certificate of allowance and audit
used by the auditors mentioned in the said act of April
90 $40 was substantially in the form of the certificate
L,
aud when issued were so issued by the drcc
signed by tine Mayor and % the CLERK Of the Board of
Supervisors whether said paper dated May g. 1870
warrants we're in the form of Schedule "D" annexed 10
said complaint or how or III what manner or ny whom
pavnentS were made of such warrants, the defendant
has knowledge or information sufficient to form
VII That this defendant was President of the
of supervisors there WAS no such Office but ne
was Chairman of that Board ON the 10Th OF Aprl 1870,
and 50 continued until the 4tl OF July thereafter
VIII. That this defendant has no hnowedgs or inior
Alderman. and Commonalty of the City OF New-fork set
up or pretend TO any right interest In the premises
for Snhsantialy tic same alleged cause of action.
TX This defendant denies each and every allegation of
The said complaint not hereinbefore seclncay ana eA-
pressy answered. admitted or denied 49,
Second And further and second defense this Dc
PENDANT alleges information and belief that the County
OF Newly body corporate and polite, ana should
parties by reason the omission To make the said County
of New-Y York party defendant thereto
THIRD And for further aud third defense, this de-
PENDANT alleges information and belief that three
other civil actions against him for the alleged cause
of action were commenced before the commencement Of
this action, and pending undetermined when this
action commenced and are elli pending Is 10
say. action 10y the present plaintiffs another ny the
Mayor Aldermen and Commonalty OF the Guy OF New
York and another hy the Board OF Supervisors OF The
FOURTH And for further and fourth defense this de
PENDANT alleges information aud belief that Tie plain
tiffs this action. before the COMMENCEMENT thereof
entered into agreements seyep9iY WIN AnuIe% D., d:
which the said Garvcy kcysr and Davidson nave been
released from each aud every cause OF ACTON against
actions mentioned referred to in the said complaint OF
in the schedules thereto annexed. ,,
Fih. Aud for further aud separate and NTH defense,
this defendant alleges upon information and belief that.
after the time of the alleged transactions mentioned IN
the complaint John II. Keyser mentioned i'll the SEIZED
ue thereto annexed executed 10 one jackson > SchZ
an assignment OF large amount of property In rust 10
convert the same into money and pay the money to the
County OF New York on account OF the money alleged TO
have been by him received upon the warrants nehoncu
i'm the complaint which is portion Of the money sought
to be recovered from this defendant III tins action ana
the said schultz accepted the said assignment executed
the trust and paid over tn said county large SUN OF
money account thereof; that among me property SO
assigned private claim OF the SAID keyser aeanst
this defendant which prosecuted and collected from
this defendant by Francis C. Barlow the
eral of the OF York who collected the same on
behalf Of the plaintiff or OF the County oil NEWTON ana
this defendant asks for an accounting OF lhe mPtvs 80
collected and paid over and claims and insists ai thy
should be deducted from any amount which may be re-
cOverabe against this defendant by reason OF any oIhe
matters alleged in the complaint FIELD DkIo,
Attorneys Tor defendant VIM. NJ. Tweed
The answer Is duly verified by Mr. Tweed himself III Or
binary The protest served ut the same time 10 as
follows
THE PROTEST.
This is served at the present time because the
defendant has not able to obtain stay OF proceed
ings pendng his appeal to the Court OF Appeals nom inc
orders of the General Term dated the 7tb ana eh INST
Hut tine defendant does not thereby valve s sad ap-
DC ais his right to withdra" the answer II w appears
are decided in nj, favor 1@ cie %G M n Weed
NeU- York. Oct -, ]s71'
AT the same tnc an ordinary aihdaNt OF merits was
Ned with me County Clerk and served. Unless this
hl figs1 fuT
,rial and having preference Ice tried next month