The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-17
DeVlin'S Suit to Compel the Ring Con-
SpiratOrS to DiSgOrge.
PROGRESS OF THE TWEED SIX MILLION SUIT.
Mandamusing the Comptroller and
City Chamberlain.
An Important Test OF the City's
Liability.

city Of New York the Board of Supervisors the people
OF the State Richard B. Connolly John II. Keyser,
Andrew ]. Garvey, James q. Ingerso, James Watson
and others made defendants put in
yesterday by Corporation Counsel whitney on the
part OF the city OF New York and the Board OF Super
visors 1t will be remembered that Devln who is
of Tweed's bondsmen brought his suit a taxpayer,
and with the nominal intention TO vindicate the
rights of the city and compel Garvey and all others who
shared in the ring plumber to reimburse the city TO
the extent in which they so shared The prevailing
public opinion at the time in relation to the
purpose Of the suit was, however, that
Il was counter move on behalf of Tweed
intended II for other purpose 10 reduce the amount
OF Tweed's liability by compelling all who shared in the
plumber to make restitution The prepared by
the Corporation Counsel begins by denying that in the
year 1869 any other time, the defendants, Keyser
Garvey, Connolly Ingerso and Watson entered into
conspiracy alleged in the second article OF the com
plant at all II admits that at the said time
spiracy entered into eject tho purposes in said
article Of the complaint aleEed to defraud tho public
treasury, by Richard b. Connolly James Watson, Will
lam N. Tweed and Peter D. sweeny; also admits and
alleges that during the years 1862 1870 part of The
year 1871 the said Connolly, Watson Tweed and
sweeny were respectively Office hoders, Tweed being
Deputy Street Commissioner, Commissioner OF Public
Works and Supervisor; Connolly Comptroller
Sweeny Commissioner Of Public Parks and Cham
berain and Watson County Auditor, and that
Tweed Connolly and Sweeny had usurped and acquired
control of the government of tho city OF New York
controlled the auditing and payment Of bills against
either the city or county governments, and Watson
was under their power and control and subservont to
their will and purposes Defendants also admit that
defendants Garvey, lngersol and Kcyser had fur
nished goods and done work for the city; that
pursuant 10 such conspiracy various pretended claims
against the county and the city were fabricated and
paid. amounting to several millions OF dollars from
each; that Garvey, lngersol and Keyser were re-
qured by the conspirators and did IN order 10 obtain
their money for services actually rendered and goods
furnished present false fraudulent and fictitious bills
which bills fraudulenty audited, unawfuly paid,
and the proceeds divided among the conspirators;
that in the OF 1871 the Board OF Supervisors of
New York and tho Mayor, Aldermen and Commonalty
OF New York we're IN fact under the control and do
mnion Of the coDspirators, and that A. Oakley Hall
Mayor OF the city, and was in the confidence and
undor the control of the consprators that the defen
dant Charles s. Fairchid, IS Attorney General OF the
State Of New York, but first became such by election
the LIST OF January 1876, and not before and Will
lam Whitney is Corporation Counsel of the city of
New York but first became such by appointment in
August 1878, and not before Defendants that
request has been made to them by plaintiff any
other than those which have been commenced
Defendants admit that Keyser, Garvey, Con
but as 70 what amount they have knowledge or in
formation sufficient TO form belief Defendants ad
init that in 1872 a assignment OF property made
by Keyser to jackson S Schultz but of the terms
conditions and contents Of such assignment they have
no knowledre or information sufficient TO form be-
lief; admit that said Schultz has received money
and property under such assignment but that he
chultz has returned the same to Keyser and has paid
nothing TO the city the defendants either Of
them; they admit that judgment recovered against
tho estate OF Watson and large part thereof collected
Defendants deny that no part OF the moneys thus col
lected has come into the possession OF the city, and
that the whole thereof, after deductng
the expense of the State in SAID action, has
been paid the city corporation Defendants aege that
IN the fall of 1871 civil action commenced by the
people Of the State Of New York against the defendant
Richard b. Connolly, for the matters in said complaint
referred and the said Connolly held to bail in tho
sum of $500 600 that said action is still pending;
that at the same time two other civil actions were
commenced against Connolly, one by the Board of
OF New York. each for the matters in said complaint
alleged, and neither OF which has been abandoned;
that an action was commenced In 1872 against lngcr-
soil for the same matter, In which he was held TO
bail in the OF $500 900, aud In which he appeared
and demurred and had judgment rendered in his favor
by the Court OF Appeals that IN 1871 two actions were
commenced against lngersoll Tor the same matter
one by the city and one by the Board OF Super
vsors-both Of which still pending; that
similar action commenced by the Board OF Super.
Sssors against Garyey, but the same has not been
rtssed and suit has been commenced against Key.
,-r that Garvey and Keyser and have been ready
and willing to account with the public authorities and
20 pay all sums that may be found properly due and
owing nom them, said accounting be
properly made and the amount ascertaincd
AS further defence defendants In their answer al
lege that the frauds and wrongs In the complaint
ferred TO were made public in 1871 that II then be-
apparent that William NJ. Tweed, the then Com
missioner OF Public Works, the leader and prin-
cipa manager and concoctor OF said frauds aud that
sad Tweed received the largest share OF the proceeds
been onice-holder IN said city and county
OF New York, and a very prominent and influential
I
that It then in 1871 and very thereafter dis
covered that said Tweed and his associates had for
regular system OF rob6ng the public treasury aud
vertng public moneys TO their own use, and that said
Tweed had received the largest share ,hereofi That
thereupon determined by the Attorney General
10 prosecute with the utmost vigilance the said Tweed
and all other oceholders who had betrayed the trust
conhded In them that civil and criminal prosecutions
were commenced against the said Tweed and Connolly
and Sweeny and also against Henry W. Genet and
Thomas q Fields, two other colludlng and corrupt
cuted All said persons except Tweed absconded, some
before and some after trial and conviction. Said
Tweed arrested a criminal and civil process and
held 70 bail In large sums The plaintiff in many
became the bondsman OF said Tweed Said plaintiff is
old and intimate personal friend OF said Tweed.
During the time when said Tweed was in power in the
city ofNew York said plaintiff was large contractor
with said city and through the power and influence OF
said Tweed was enabled TO and did obtain many con-
tracts, and made therefrom large sums Of money. In
June ISL seven indictments were found against said
Tweed and Immediately upon the release OF said Tweed
from Imprisonment 70 which he had been sentenced
rested answer said indictments and plaintiff became
bail OF said Tweed on said indctments Said Tweed
thereafter arrested on civil process In two sew
era suits at the suit oil the people Of the
State OF New York, and held TO bail In the
sum OF 81 900 and committed TO Jail default OF
bail SAID two actions were being pressed for trial
and about TO be tried when, in December, 1875
the said Tweed escaped from Jail and from the custody
Of the Sher Of the city and county OF New York by
whom he had been arrested in said civil actions, aud
has not returned 10 the custody Of the said sheriff
Thereafter the recognizances OF the said plaintiff as
bail Of said Tweed said indictments were, by the
Court OF oyer and Terminer forfeited and judgment
for the thereof rendered against the said plain
tIn herein.
The complaint concludes by alleging as follows
THAT this action brought by said plaintiff In
good faith for the purpose OF preventing any waste
or injury OF the rights property OF the city and
county OF New York; but the contrary, rs brought
for the sole and only purpose TO hinder,
obstruct and delay the prosecution OF the said
evil and criminal proceedings against the said Tweed
and the said plaintiff and In the hope and endeavor 10
intimdase and drive away IugersoI earvey and Key
ser VINO have been and will be witnesses for the prose
eutons IN said actions and proceedings, aud with the
hope and intent 70 prevent said from testify
ing IN said actions and part OF the scheme for de-
Tending the same Wherefore defendants demard that
the complaint DO dismissed, with costsn
The foregoing answer Is TO by Abraham L.
Earle Deputy Comptroller. In the same suit Messrs
Miller. stoutcnburgh Peckham, who represent
the Attorney General OF slale and VIII ans,rer Tor