The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-05-29

Castle Garden-what II was waat It II, and
What 1t II Proposed to BE.
SUPERIOR COURT In CHAnsEss.
Before Hon. Judge Hoffman.
IN THE MATTER OF CASTLE GARDEN AS AN EMfGRA'
TIoN DEPOT.
MAY 2S.--J Philips Phoenir rs The Commissioners
Of Emigration, Henry r. Conkiin, and the Mayor and
Commonaity Of Nep York motion for an pjancton
to restrain the defendants from making Castle Garden
depot for emigrants brought on. Mr.. Perry on
the part or the plaintiff read nineteen twenty
sdavits to the effect that the establishment of i-
migration depot at Castle Garden Battery would
be injurious to the property Of that locality danger
to the health of the inhabitants.
The affidavit of Lorenzo Demonico, Of the hotel No. 25
Broadway set forth that his establishment is situated
within about three hundred yards of Castle Gards and
that the posed OF that place by the Commission
Of Emigration for landing Of all the emgraut pas
gers arriving at the port OF New York. will be ssri
injury his business; that collecting together
of such large numbers Of emgrauts likely to
rive during the summer months after they have bean
exposed To the contsgo and malignant diseases al
most nsepaTaoe from their passage the Atlantic
ocean, viii the rapid spread OF disease among
them, and from them TO such persons may happen
be who reside In the vicinity of Castle Garden
That such of premises win create pestlsaes
in the Frat ward which will prove destructvs to the
Tne sfdayit of Cornelius Vanderbilt, ow aer and oc.
cuper OF houfe and lot No. b Bowling Green, the
value OF which IL about S35 COO states that tbs pro-
posed use OF Castle Garden as lsndrg placs for emf
opinion greatly deprecats the value Of his property, and
create nuisance in the neghborbood highy dangerous
to the health Of the residents OF the vicinity OF Castle
Garden and to the health of persons doing business in
the neigb borbood.
James H. Kslam, in his affidavit states that emit
grant passengers subject attacks of SHIP fever
smallpox cholera, which highly dang and
frequently fatal in thsr results that tnese diseases
highly contagious and frequently destructive OF human
lite; that few years since he mad TO
emgrant chip which there about hundred
passn that two three days after he,
deponent was attacked with ship fever ia IFS most ma
lgnsnt FORM Ind pros.r thereby fr thsu
ontas He concludes by saying that the proposed
Castle Garden by the Commissioners OF Emgra-
tion would cate pestlsnce In tho Firs. ward, be
destructive to its property and business
The ai6avit of jonas Bartlett the keel per of the
Washington House, Battery place, corneriny
Brosdwsy, also put in, aud WAS to the same effect
Stephen Whitney, who has resided at No Bowling
| Green the of The Battery, for more than
twenty years, also puts in affidavit Stating that he
purchased the premises which he lves the under
standing that the Bowling Green and Battery should
be used for any private purposes and that his
property and the health of the inmates his house
wil be materially injured by the establishment of
emierant depot at Castle Garden.
Jarvis l.. Andrews, physician who resides at the
hotel OF Broadway and Battery place. deposes
to the danger likely ensue from the lasdrg OF emf
grsnts at Castle Garden ai,ed With ship lever small
highly Injurious tbs health of the neghboripg resi-
dents and the value of the scjoin ng property.
Afeavits tf the same tenor also read from Solo
mon Nichols, 10 State street; DR.. Jackson Bolton,
Arthur G,lienden, No Bowling Green seujamin +.
| N,rsap, No. Bowling Green Peter NJ Bayard. No 8
state street; Henry Smith, No 81 whitehall street, +.
W. Wedsnd, No State street. William r, Warford,
Mr.. Devehp read equally large amount Of aidavts
behalf Of the Commissioners Of EmiRr aton amongst
which were several from medical gentlemen stating
Garden
not be dangerous to the health OF the locality.
The affidavit Of james p. Fagan states that there
in the First hundred and thirty nine eoigrant
that there several low emgrsnt poardiag
| housts, at the bars Of which and women
staDty drinIpg that be has been we'll acquainted with
the Battery twenty five years. that it
pronenade at proper seasons for the he's. classes OF
population but that Of late 1t has bsen almost
ceserttd by such persons and s frequented by
grant runners, pocsethooK croppsrs, watch suffers
rhimble rgpers and prostitutes and that 1t in
night. the every kind OF ndecs ncy
The affidavit Of Owen W. Brennan. harboc master Of
the port OF New states shat he had charge OF the
dtict extending frcm the Battery to slaaay street.
that annually curing the last seven years there have
heen sncsd within hs district at least 80 COO recently
arrived emgrant passengers; that tns lower part of
Washing stree and Greenwich street. and 10 Albany
and Morris streets there emgrant board
ing houses, and that his judgment Castle Garden
is eligible and most suitable place for the landing
OF all tmsrsnts and that he does not know any other
wharf SO adapted landing place for ants.
instead of being nuisance, Castle Garden emf
grant depot, woud be benefit to the city, and great
The commissioners, their to the complaint
deny that tne Battery will thereby become louEging
place for the emigraps 10 the destruction Of otdi
pary agreeable AMI necessary promenade, and
sgree fence twelve feet IN height around
Cast]e Garden, and TO allow communication with
the Battery except by water unless by special consent
Those emigrsnts desrous of leaving the city will be
taken away in STEAMBOATS, and not allowed to land in
the city at all. Nor will Castle Gsroen bs used
lodging vctualipg bouee, for any other purpose
than landing place. They further De that they have
other except at staten Island aud Wards
Island thar emgrsnts in the habit of landing az
nicted with smallpox, ship fever other contagious
diseases and aege that the number OF such
very trivial They further deny that Castle Garden
part Of the Battery because separated from it
lby bridge which the tide ebos and flows regu
arly In conclusion they aege that every arrangement
win be made with captains of steamboats, to facilitate
the departure Of emgrsnts, without a,lo wing them
land at any other psccn the city than at Castle Garden
in support OF their answer numerous Afidavits
read from medical in this city, who testified With
uniformity Of opinion to the advan cages likely
TO from the landing of entrants as central
depot: instead of distributing them heretofore at
different places throughout the city, They we're all
most decidedly OF the opinion that this would be at
tended by damage whatever, very for
disease 10 manifest Itself in emigrants Atsr they had
passed through quarantine and in did i do
until they had landed three four Gays at least When
diseases like ship fever, smallpox yellow fever
far developed TO be contagious the symptoms
marked that they could not very easily avoid
eete ecton.
Mr. Cutting argued st considerable length in support
Of the motion for Injunction and had concluded
Gt the rising Of the Court
Superior Court
CIVIL svIT AGAINST COL. neutrality-suspicious. THE