The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-08
THE RING THEFTS
City and State Officers and COnSpira
tors Sued for Restitution.
TWEED INvoKEs THE LAW.
Suit Against Attorney General FairchiId, Cor
pOratiOn Counsel Whitney, Jackson s.
Schultz '(as AGENT, John II. Keyser,
Andrew J. Garyey. Richard B. Con-
molly and James II. IngersOll.

Yesterday movement in legal proceedings was
commenced in the Supreme Court by Messrs Field and
Deyo, attorneys for the plaintiff, Charles Devlin vs.
| Inc mayor Ano Commonaty of the city ofNew York,
the Board OF Supervisors Of this county Charles S.
Fairchild, Attorney General OF the State; William C.
whitney Counsel TO the Corporation OF this city Jackson
| S Schultz John Keyscr Andrew j. Garvey, Rich
ard b Connolly and James Il. Ingerson, defendants,
| for the purpose. declared, OF making IneersoIl
Garvey the Watson estate the Keyser estate pay
over the county what they The action has
Deen commenced under what is known as the Have
meyer act o, 1872, chapter 16i of the laws of that
session. which enacts briefly as follows
| SECTION L-An officers, agents, commissioners and
other persons acting for Oh behalf OF any county,
town or municipal corporation in this State and each
and every OF them, may be prosecuted and an action
or actious may be maintained against them 20 pre-
vent waste or injury TO any property funds
or estate of such county, town or mu-
nicipaI corporation, by any citizen assessed for
and liable to pay taxes therein, within one year
previous 10 the commencement OF any such actions.
| This act shall not DO SO construed as 10 taKo
away any right OF action from any county, town or
municipal corporation or rom any Puonc oncer or as
affecting actions pending brought by them OF any
| OF them
| Tho summons for relief to the defendants named
above is IN the accustomed form, requiring them to
answer within twenty days.
In the complaint Mr. Charles Deviin alleges, plain
y,
OF New York. and has there resided continually for the
last twenty five years and and Is assessed for and
liable pay therein and has paid taxes therein
within the present year. each and every year OF
the last twenty Ave years. amounting each year 10
| 81, 900 and upward
| As the plaintiff Is informed and believes the de-
| PENDANTS, John H. Keyser, Andrew j. Garvey Richard
B. Connolly, James II. Ingcrsoll together with James
Watson heretofore and In about the year 1869, en-
tered into conspiracy to defraud the county OF New
York and the Mayor "A! Aldermen and Com
ing and procuring payment OF pretended claims
against the city and county, such pretended claims
being sometimes wholly false, and sometimes grossly
and fraudulently exaggerated. In pursuance OF tho
said conspiracy the plaintiff is informed and believes
various pretended claims, some Of them against this
county and others against tho Mayor, Aldermen and
Comnonalty by the said conspiraors, or some Of
then the interest OF the others. fabricated and pay
thereof procured from the Of the said
county and OF the said city respectively amounting TO
SEVERAL MILLIONS OF DOLLARS
from each. Upon the discovery OF the said frauds.
| which discovery took place the summer and autumn
OF 1871 became the duty OF the Board OF Supervisors
aud Of the Mayor, Aldermen and CommonaIy OF
Efforts by suit otherwise, TO obtain restitution to
the treasurers Of tho county and city respectively Of
all money and property of which the county and city
had defrauded aforesaid and which duty has
| continued 70 this day and still continues.
The defendant Charles Fairchild, IS Attorney Cen
eral OF the State OF New York, and such claims
plaintiff is informed and believes authority to
prosecute the said and 10 cause them TO
make restitution 10 the treasurers Of the county and
city respectively Of all money and property obtained
by them, any OF them, and the right TO recover
| The defendant William @. Whitney is Counsel 10
the Corporation OF the city OF New York, and such
Il Is his duty prosecute all claims Of the said county
and city and 70 maintain their legal rights in all courts
| and places
| Notwithstanding the duties heretofore set forth
civil action prosecution, as the plaintiff Is informed
| and believes. has ever been commenced against any
Of the consPrators or ,aef estates and no Effort
frauduontly obtained 40 aforesaid, except as herein
aer mentioned, for money property so frauduenty
obtained and Of all demands against them by reason
OF the frauds any OF them. He asks
That the said receiver the said onicer may be re-
CURED prosecute tho said oonsprators and their
said estacs and endcavor, by all lawful means. 70 OBJ
restitution 70 the treasurer OF the county and city
respectively Of all money and property SO raudulenty
obtained.
That the officers whose duty to prosecute the
said claims, and who have been guilty OF such neglect
and COLLISION aforesaid be required 10 make good
to the county and city respectively all waste injury
done suffered by them to the property funds OF
OF the county and city, and all loss which may
have oocasioned by their default and all money
and property which they might have obtained for the
The said eonspifators have had ever since the said
frauds still have each OF them, the plaintiff is
informed and believes, large estates, from which resti
tuition OF the money and property so frsuduenty OBJ
tanned could, with reasonable diligence have been pro
cured and could still be procured TO the full extent
THREE OR FOUR MILLIONS on DOLLARS
In the year 1872, the plaintiff Is informed and be-
lieves an assignment Of large amount OF property
was made by The defendant John II. Keyser
to the defendant Jackson 5. Schultz, In trust
to collect and convert The same into
or city satisfaction, wholly partly for the said
money and property so frauduenuy obtained, which
assignment accepted by the said Schultz, and he
| has received large amount OF money and property
Hereunder but has paid over nothing TO the county
After the preparation OF the said frauds and before
the discovery thereof, Aforesaid the said Watson
died, and, as the plaintiff is informed and
| believes suit commenced In the Su-
preme Court Of this state during the year 1875
| in the name OF the people Of the state against
Margaret Watson ADMINISTRATIVE OF the estate OF the
SAID James Watson, 70 money fraudulenty
Obtained as Aforesaid and thereupon Judgment was
obtained for tho OF $64s, 932 81, which, or the
creator part thereof paid by the said Margaret
Watson but part thereof has come into the posses
| sion OF the county city
AZ the plaintiff is informed and believes, the said
Keyser, Garvey and Ingersol have All admitted and
avowed different legal proceedings that they partc.
patcd in such fraudulent acts Aforesaid, Of
them although such admissions were known 70 the
officers whose duty il 10 prosecute, no action Of
any kind except as IN this complaint mentioned, has
been taken by them any Of them against the persons
| making the ADMISSIONS and avowas.
The neglect call the said Schultz TO account and
the neglect prosecute each and all OF the said con
sprators and the omission to obtain restitution from
them their estates OF the money and property thus
raudulenty obtained aforesaid, has been owing,
the plaintiff is informed and believes, to
| NEGLECT
Of the county and city and the proper officers whose
duty prosecute the claims each and 70 col
fusion between the said officers some OF them and
the said corporators their representatives Unless
the said consprators and the proper ocer whose duty
tits 70 prosecute the said claims and TO procure rest
tuition, aforesaid, compelled speedily 10 prose-
Suto INC caN OohrphasoIb Ahu uso MI itaHohaOic
gence obtain restitution 10 the OF the
county and city respectively there Is great and mm
danger of several millions OF dollars being lost
the city.
And the plaintiff is Informed and believes civil
tons having been once begun against the said Con-
molly and the said ngerso have been discontinued
abandoned, pardon has been procured for the said
| Inrersou Who had been Indicted and convicted for
transactions connected with the said frauds the time
for finding indictments against the. said Carney and
Keyser has been purposely len 70 elapse some OF The
claims Agnnst the said consprators capable OF redress
by civil action have been
| = ALREADY nARRED Mt rHB STATUTE
| ofumitatlous and the will become barred in tho
| eoorse OF a few months n actoa be In the mean
time commenced therefore tho paintin demands judg
ment -.
Fra-That the said Board OF Supervisors Of tho
county Of New York, the said Mayor, Aldermen and
| officers whose duty II Is 20 prosecute the said
| claims and restitution as aforesaid,
| be by injunction prevented rom doing or
suffering any waste injury % any property, funds or