The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-14
The New York Fire Cases,


lNrORTANT ACTION ON TRIAL AT NEWARK BEFORE
JUDGE roTTs AND sPsCIAL JURY, ARISING OUT
or THE DESTRUCTION or BUILDINGS BY GUNrOw-
DER DURING THE GREAT FIRE OF DECEMBER, 1888.
The american Print Works rs. Cornelius W.
Laurence This is one of thirty three actions
menced against Mr. Lawren late Mayor OF the city
ofNew ork, claiming for the value OF goods
destroyed By the blow of stores Nos As and %
ExohaDgs place, on the morning ofthe 18th Docem-
Der, 1886.
The wits were served upon Mr. Lawrence whilst
passing through New Jersey on his return from
Washin gton. Thirty of the suits were defeated
by the statute Of limitations, the plaintiffs in each
of them having been residents of the city of New
York, but in the present and one other suit, the
plaintiffs being corporations of New Jersey were not
bound by lapse of time The damages in this suit
are laid at hundred and sixty thousand dollars.
The action is trespass; the defendant pleaded the
general issue and two special pleas viz that ~ an
act of the Legislature of the State of New iolk,
authority conferred upon the Mayor OF the city,
by and with the concurrence OF two OF the Alder
men, to destroy any buildings which, during con-
aagration. he might deem to be hazardous, or like
ly to extend the fire; and that the buildings in cues
ton were destroyed by him in order to arrest the
flames whereby the good; IN question! were neees
by reason Of urgent necessity, in order to prevent
greater destruction The plaintiffs replication
denied that Mr.. Lawrence acted with the concur
renee of two Aldermen, and denied that the build
engs destroyed from necess ty.
The plaintiffs counsel are Governor Pennington,
Samuel Jones, Esq Of New York, A g: Pen
nlngt0Q, OnADCellOr aaisffau, ulu w H. W van
Wagner. Esq. The defendant appeared by H H.
Davies. MIR, Frelnghuysen. Mr. Whitehead, and Mr.
f b. Cutting.
The trial commenced on Friday, Ootober sh
VIM. W. Van Wagner, Esq opened the case to tho
Jury, and called Charles Haswell, who testified
Charles Haswell examinec-Resides in the city of
New York; IS Chief Engineer in the United States
navy; resided in New York ia December, 1885;
present at the fire of December, 1885. Q-What
was your position, officially attending, in regard to
The fire. A. As member of the Fire Department.
he hose belonging to our engine became frozen
n the early part of the fire, and l was or.
Tered to my own discretion-to do the best
could. @ We're you present in Exchange place
bn tho morning Of the l1th! A Yes, q At
about what time did the 6re appear in it. a.
Between aud 9 o'clock | got there between IL
hld l.; there was a building blown up by powder;
hat building, understand, was No. 4S Exchange
blace it was blown up by direction Of Mr.. Law
ence Mayor of the city Of New York. Q Did you
ak any part IN the blowing up! A. did; efter
vas decided to blow it up gave an order to clear
be street. to keep away the citizens that wore in
he doors in the basement were shut as close as
ossibe; shortly afterw ards the building was blown
own: part of the building No so was destroyed by
he effect OF the blowing down OF No. 49, cannot
No 4S was on fire al the time it was blown
p; my attention was first turncd towards the cupo-
Of the Exchange, which was on fire; it was be-
end William street, towards the East river;
mined in the neighborhood of William street and
be Exchange; the fire progressed rapidly; the
Gather was cold, and the wind at northwest
Cross. examined by Mr.. Davies--Therc was no
now about the fire, but there on the
round; the hose attached to the hydrant was so
Oxen that the water did not flow; this was gene
lily the cass with all the other engines; all the
ose that came under my observation was frozen be-
veen II and o'clock; it was night Of remarkable
pldness: =. fire not then progressing rapidly:
e W: d hai fallen, and the flames spread with less
pidi;y; it was decided to blow up the house No.
q consultation sometime held by Mayor
bwrence, ami Aldermen Benson, Taylor, Smith,
Lmss A. Hamilton, General Swift Colonel Monroe.
r. King ana Mr.. Wyndham the Chief Engineer OF
e. Fire Department, and tier prominent citizens
onyersation of bystanders objected to by plaintiffs
unset as having no bearing on the question; the
burs however. over ruled tho objection.) q Who
ok the direction of the blowing up! A. Mr..
yndham. believe.
10 Mr. Van Wagener-I took piece Of cloth and
ne paper, and dipped them in camphene, and
read it along: then shut the doors to aid the OK
bsion the time occupied ia the explosion was
entJ minutes; (witness Withdrew that statement
d states tho time occu pied over half an hour
Mr. James T.. Griswell examined.-Resided in
" YoEk in December, 1885; was book keeper in
bne, Savage & Co S, No 81 Exchange place;
in the building the night Of the fire; had the
sngemsnt Of the firm for the removal OF the pro-
ty; cannot tell what time the fire occupied in
ssinC from William street to Broad street; it could
>be far from two o'clock when IL reached Broad
| Get; the building No. 81 was blown up by pow
/ wss in the store, some gentlemen came In,
u / remarked to them that we wanted oil the
I'M: Mr.. Lawrence replied that he was the Mayor of
loTk aud the other gentlemen were Aldermen
The city, he sad he was about sending to Brook
for pow aer TO blow up the building, but that We
Id 20 removing the property till the powder
lived, when he would give us warning; we went
till they oame back aud told US the powder had
ne; some persons were engaged up stairs; 1
Id /" powder" aud they Immediately came down;
IN Mr. Lawrence, shortly after that, in the front
|he store on the walk; told him that thought
could remove all the goods before the fire would
rh it; .hon took the keys of the store from
BIO they were kept, and gave them to Mr.. Law
&c, saying gave 1T up to him, or words to that
ct; cannot say what answer he made to me; the
lities Of removal, from my recollection, were two
70 in front; NO Oh the first floor OF No. %;
Occupied it with dry goods; there was q mar
passage running from the yard into Ex-
pge place; our house was the last ware
se; round the corner, there was large
riding house: our rear opened in the yard
this house, asked the mistress leave to oc.
it Nth our goods ; she said she had not COM
ed her own removal my conversation WITH
renee was after the cry of powder it is
TO say what time elapsed till the house was
kn up thinks No. AS was blown up about z
bck; an hour after / had given up the keys OF
81 to Mr. Lawrence, and thinks 1t was near
Mr. Dsyies-Was at sOs Pearl street. when
nri broke out ; it is about half mile distant
81 Exchange place; when reached tho hre, ~
about o'clock the fire was all around wall
ct, baining like many shavings, and spread.
with great rspidity, very fast; the flames had
eed Pearl street saw the building in Hanover
re burning; the goods removing at the
reached our store (52) probably about 10
bck the fSemen were not then playing did
lee them playing on the Gre ie was the opin-
pf many gentlemen that the whole southern part
q city sould be destroyed ; saw the Gre and
he'd It's progress it reached our store, from
am street had been removing before il crossed
srn street /; the three fourtbs of tho block had
df IL oy ed; it must have been three or four hours
reached Tho store that commenced the reno
II III, goods: then, about o'clock, my prepare
were 10 lock out for vehicles aud men to 70
the goods; this was short time before actual
uat. ma friends abOut removing
probably four or five friends to assist me
we'd before | commenced removing, that
fire would reach the store IT was about
hour si'er i CONNER ced the removal, that the
sosssd William street. (Mr. Davies hero pre-
ID 10 witness diagram OF tho course OF tho
Could not say il represented the burned aus