The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-02-17
rnE ENG PRoSLcUrToNs.
Action Distracted for the Purpose Of Driving
Away the Citv's Witnesses.

Mr.. A. G. Whitney, Corporation Coun-
sci, Yesterday served an answer on behalf OF
himself personally, and another on beeMf Of
tue cttv. iu the suit u Charles Dcvln against the
Mayor. Aldermen, and Comm Jnaity, the Board
Of Suuervisors and others, changing the various
officials With neglect OF duty I'm not prosecuting
Connolly. tugers oh. Carney. keysor. and others,
Tor frauds upon the city. The two answers are
substantially the same. Thcy deny that In 1853,
or ~ any other time. ltichard u. Connolly. James
II lngersoll. aud James Watson entered into a
const Tracy as alleged IN the complaint, admit
ting. however. that such conspiracy was entered
into bv Connolly and watson, aud twD other
nelson's not named in the complaint. VIZ. WIN.
NJ. Tweed and Peter u. Swceny. Connolly,
Watson. Tweed. and Sweony were respectively
ofHcehoiders of and In the county OF New York
from 1866 to ISL. when these frauds COM
mittcd, and Tweed. Connolly. anu Swceny
acquired the control Of the city government
and controlled tho auditing Of all bills and
claims - against the city Guy and and, county
ing In their power, was snhservicnt
to their will and purposes. lngorsoll. Garvey.
and Kew er had furnished couds to the city, and
pursuant to the conspiracy referred to, various
pretended claims against tho city aud county
were faiiticated aud payment procured by thetn
t. thu amount OF several millions. Garvey. In
gerVull. and keVscr being required b the opn-
spirators to fahricate fictitious and fraudulent
I
This being done, frhuLulens bills were for
mallV tut illcg4llv audited and paid, the
money being divided among the couspirgtors.
The answer further AYERS tnat Charles ). Fair
child. the Acknowledgment. became such on
Jan. /. ls1G, and that Mr. W httncy became Cor
porntion Counsel IN August last, and nos before
That no request was made 10y plaintiff or any
other person to commence suits other than
those which have been instituted IL 10 admit
TED tnnt Jackson :. Schrltz received some prop
crtv from keyseT under an assignment. but that
be returned IL to keNscr ana paid none TO the
city and county. Iuo recent OF money fla tic
suit ngainst MARGARET atsup ne administratrix
OF mes Natsln, j. alsO admitted.
The aiiegatinn. of the complaint, except A. adj
mitted. arr dpuied. For second aud distinct
dclturc. the answer aVrfs trat when the frauds
wcr, made puzzle IN 1871 1t became apparent
that Tweed was the leader and practical man
acer aid cuucpcter Of the frauds, and that he
received the LARGEST share of the Urnrceds The
lIureediugs AGAINST Tweed are rccitc1, and the
T .ct shown that the plainuH MS Iwced's bonds
/ man upon the criminal indictments, aud thH' he
WIS an old and intimate friend Of Tweed's.
" hile tweed was Ia power llliu.H was a Large
contract r Niih tn, city. aha through weeds
power afd Influence was enabled to uai did OBJ
tain many contracts from witch he made large
fHuu- OF money. AFTER reciting weeds cunNir
81 %. ~cuicufN, aili release ana MS subsequent
arrest on civil process, and escape. the forfeiture
VI plaintiffs recosniXluccs IN seven Indictments
is aNerrOl. ANA that the urc-CLt action Is not
hrougat IN good faith, or Tor the purpU-" NJ pre-
venting alV fraud or injury ~ the rights or
property OF the city or county, but, on the con-
trery. o. brought for the sole and only purpose
~ hlrdertug. olstru"ting. and delaying the
prosecution IT the ciVi and criminal proceed
Tugs aSalnst Tweed aud the plaiutig, aud H. the
hOse AMI euGeaNor to ittlui ATE and give away
lnscr> ~. Gsrvev. and keyser, who have been
ana wilt ue witnesses for the prosecution IN said
actions and procec .incs," and with the hope OF
preventing them frIm tesiifying.
Judgment Is deaanded that the complaint be
dismissed with costs.