The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-09-17
Mayors Once.
INSECURITY or 8UILDiNGs-LETTER FROM THE
FIRE MARSHAL.


M. Baker the Fire Marshal, has MADE important
communication to the Mayor in reference TO an unsafey
built dwelling house in West Seventeenth street
The evidence In the clearly shows the erection OF
house with only three walls hence its dangerous con-
dtion. further exhibits to the public total disre-
gard to the laws which regulate the erection Of buildings
in this city, showing the necessity Of stringent
and the appointment Of competent persons to
enforce them. The following is copy Of the evidence
and the action taken by the Mayor -
FIRE MlRsIIlI's ofTIcE, Sept. IL, 1856.
Hon. FERNANDO WOOD, Mayor
In my last semi-annuai report to the Mayor Common
Council and Police justices alluded TO the reckless and
improper manner Of erecting buildings In this city ant
called your attention to the necessity of proper law to
enforce safe construction OF al buildings As an Illus
ration OF my experience in these matters, coming
they do almost daily under my notice, / submit the
following evidence taken by me respecting dwelling
house situate at No 40 West Seventeenth street IN or
der that you may take such measures in the prem
your Official judgment dictates for the better proec
ton OF human life think the facts are enough Of
Themselves and 90 not require any comments at my
~ T. A. BAKER, Fire Marshal
EVIDENCE.
William Mo0try being sworn, says-I reside at NO VI
East Seventeenth street wished to purchase house;
exlned the house No 10 West Seventeenth street Mr..
James b. Gentworth the agent and he let me have
the key; examined the premises, and was pleased
with its internal appearance said would buy II the
terms suited; shortly after the owner, Mr. Joseph G.
Luther, and MI Glentworh called upon at my Office
questioned Mr.. Luther very closely about the house;
went pgain 10 the house, taking my wife with me-
Mr. Luther and Mr.. Glentworth few days after called
upon rae again; they brought with them written
tract led out ready for to sign at the price OF $l9
Ooo at this sesond interview and before signed the
contract questioned Mr.. Luther again upon the con-
strucion Of the said building, and especially upon the
construction Of its side walls the lot on the east side OF
was two or three vacant lots Mr. Luther represented
positively to me that there was an Independent wall
erected on the east side Of the n n" ssnday
his own lot and belonging to said house on the
west side he said there " twelve inch wall
intended for party. WALL then signed the
contract purchase In the presence Of Mr. Gentworth
Mr. Thomas and A. $. Palmer few days afterwards
manner and that there east wall to the house;
that the beams held up BY hooks fastened
the iron anchors Of the adjoining house. and that
beams further that the wall of the adjoining house
had encroached upon Mr.. Luthers lot some pa inches
say which; that Mr. Luthers only wall If my was that
portion Of the wall of the adjoining house which thus
croached; met Mr. Luther shortly after, and In pre-
Of Mr.. Gientworth told him what had heard; Mr.
Luther avoided answering me directly, but said 1T was
news to him; that he sick portion Of the time the
house was building and if 1t was built as represented
the alleged facts but said there must be some mistake;
Mr. Berry, the builder, and he said the house was
Of its own on the east side and that it
was constructed so under the directions Of Mr.
the building to be unsafe; few days after met Mr.
Berry in Wall street; we went into Mr. Glentworth's Of
fee and there IN the Of dr. sSe mr
facts and repeated that the house was unsafe from the
fact Of the beams not having sufficient support on
the as SIDE Mr. Berry further stated that in the event
Of an excavation the lot the west side there would
be great danger Of the beams drawing out and the house
falling down; subsequently, had another interview with
property considered unsafe called his attention
to the fact of the danger Of the building falling on exca
deny the fact but sad il would take the house he
would give the entire wall on the west side, and the
q land ~ Tn e 20
James d. Glentwor'h, being duly sworn, says-l have
heard the affidavit made by Mr. Moory in reference
to the construction OF the house No. 40 West
street and know tho contents thereof and that oil the
parts thereof relating TO matters which took place in my
presence, as therein stated are true.
Robert Usher, being duly sworn, says-1 was present
the occasion when Mr. Berry, the builder OF house No
40 West 18th street. in Mr.. Glenworths office hold
ing a conversation with Mr.. Mootry, stated in Mr..
Moot,y's annexed affidavit, and that the is true
pr. John A. Wesse, being duly sworn says-1 reside
at No. 8 West 18th street know the building No. 40
West 18th street II was commenced TO be erected in
June 1858; Mr. James Berry the builder the foun
dation commenced when Mr.. Luther Mr.. Berry and
myself al standing together the premises talk
ing Mr. Luther said that the wall Of the oning house
cncroached his LOT little inches rear, running
up TO about \. inches front at this time Mr.. Berry
proposed to erect the house without the east gable WALL
and explained HAT he would have irons de with loops
as 10 hook over the iron anchors Of the adjoining
iron hooks TO support the crossbeams noticed after
wards that the beams we're put up in this way on the
upper stories not well supported, as they
only rested upon iron loops fastened into the wall,
far as rccolect; at the time Mr. Berry pro-
posed TO put up the house without the wall remon-
sraed with him about the unsafe manner of building
ii he replied c did not care after the house was once
up asked him IL there to be deduction made II
the wall not built his reply was 81 Did think he
would give his skill and for nothingSn that he would
charge Mr.. Luther for the whole; told him did not
think that honest the conversation then dropped,
a. he intmatcd II none of my business after
Mr. Luther became sick and unable TO attend to his
,tat fan alnpt hxa y1n TINA Mr.
Berry had progressed with the building TO about the
roof the staircase up on the east side where there
IL gable wall; since the building has been up Ind
the gable Of the house has settled and the
wall cracked; 10 not consider tie said building safe
by any means
Edwin snyder, being duly sworn saysl reside at No
20 West sixteenth street in 1910 built the house No.
50 IVES, Seventeenth street the lot No 40 vacant at
that time about year after built my house ! sold IL
TO Mr. Ogood and when Mr. Luther commenced TO build
lot No 40 Mr.. 0sgood informed me that Mr. Luther
said ] had encroached upon his lot something like
"a inches the rear, tapering down 20 half
inch in 'front.' subsequently Mr., Luther called upon
me and wanted 10 know what going to do about the
eneroachmont: there nothing definite done between
us did not give him privilege 10 insert hi beams into
Mr. 0sgood wall saw the building in process of cree
ton naccd that the beams in the front part Of the
house only inserted into the brick work by piece
Of timber ia tened against Mr. Og0ods wall by means Of
hooks secured 10 the iron anchors OF the adjoining house
] am confident Mr. Luther had gable wall erected
The eas side of his house think il was either the second
third story tier of beams that noticed not being
inserted in The wall; J would not build house in the
built number of houses, but like Mr. Luthers
John oglen, being duly sworn saysI reside at No i3
West Seventeenth street my house nearly opposite No
40 when the building No 10 in process of erection
saw from my window that the beams the cast side OF
tc said house did not gon,c any brick work that could
Sec they appeared merely 10 rest upon woodwork, s
tened against the wall Of the adjoining house.
The attention Of your Honor Is called section No
9, of chapter - 81 the Fire laws Of the 72d session
passed March I 1sia and also 10 section 2 chapter 90 Of
The 7Ith session being an amendment Of section "A Of
The previous net, and passed March $, 1851.
Scc, ~ The outside and party walls OF all dwelling
houses, stores, storchousc and other buildings here,
after TO be erected or built within the fire limits Of the said
city rs the same extended by this may here
after be extended shall be constructed Of brick
and every such dwelling house store storchouse shall
have ut least two side end walls lin addition the
front and rear was) whether such de enl walls be
outside party walls.
sec. j. The owner or owners Of any dwelling house,
store storchousc, other dwelling, Of any frame
dwelling with without brick front, or Of any
wooden building, any ash house, ash hole wood
en- she'd whether lie OF they be tn owner owners
thereof or has have qualified contingent interest
therein by virtue OF some agreement contract in
In ofb auue Vito NIL ola