The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-11-12
|, THE QUARANTINE MBR0GLI0.
yudge Motcalfc,s Decisi0n-Mr. Ray Temp
klns and J. G. Thompson Discbarg-
ed-Thc Buildings q Nuisance
No Proof Of Arson,
kc &c &c.

Yesterday Mr. g. H. Anthem as counsel, together with
Mr. Tumpkins and ]. c. Thompson the parties charged
appeared when Judge Metcafe after few remarks
dered the following decision
On the nights of the 1st and I'd of September last tho
Quarantine buildings Of the port Of New York. situate in
the village Of Tompknsville, consumed by nre,
which human agency Intentionally communicated.
The prisoners charged with the act and are afragn
cd for arson, without actually confessing but certainly
without very srenuously denying any agency They al
lege that the Quarantine and had for long time
been conducted was public nuisance, dangerous to the
health and in many cases fatal to the lives Of the commu
nifty which stood and that therefore the acts COM
planned Of were in obedience to great public nc
eessity by which the actors exonerated from all blame
The statute under which this examination is conducted
makes the duty Of the magistrate, If he shall be Of the
opinion that has been perpeated and that there
probable to believe the prisoners guilty Of it, to
commit them. On the testimony there be no diff
Guilty believing that the prisoners probably either
principals accessories and the only question remain
ing s whether those transactions constitute crime?
The arson is charged have been committed build
gs But could not be in the first degree because
though some them inhabited dwelling houses, and
although they were burned in the night time, yet the
proof fails TO show that there in them at the time
any human being Nor do see any reason for supposng
the property be that which made the subject Of arson
in the econd degree The statute which seems to cover
that which enacts that cvery person
who shall wully set re to or burn in the night time the
house Of another not the subject Of arson IN the rs or
second degree, any public building belonging TO
the people Of this State, any county, city, town
village, shall upon conviction, be adJudged guilty
Of arr arson the hrd aesTee hsx 81 e9 To ns
Commissioners Of Emigration, but whether ia their own
right in trust tor the State or the city Of New York
quite clear material 10 inquire for the people
have extended the protection the property of
individuals and corporations as over their own, nor s
there any mention of hospitals such. They pro-
tec.ed only they fall within the general words of the
statute And Is TO burn them only when II would
be 10 burn any other buildings which the same
words embrace.
And this is whenever the act is wllfaly done
! have already said that was done inientson-
ally but wfulness implies malice, and malice is inferred
from intention, unless be dsproved. las this dis
proof been furnisheoS think has. The grounds of the
Marine Hospital lie in Tompsinsve, and are bounded on
the south by puolc highways the opposite sides
Of which closely occupied by dwellings, ana that
the south terminates the wharf used by the New York
ferry and often, particularly the arrival and depar
tnre Of the boats, thc<y crowded with passengers To
the NORTH and Immediately adjacent TO the grounds lies
New Brighton. ON the south Of TOmpknsyile is Staple
ton with Clifton beyond. These four yillages-or rather
one large village with four names-are long, narrow,
thickly peopod bot extending along the whole eastern
sbore Island, and folding around the corners 10
the north and south, and containing probably not far
from three thousand inhabitants, but uniucor
poratcd. Tompknsyiie and New Brighton are in the
town Of Casticon The Marine Hospital and OF course ia
grounds and the port although the former lies wholly IN
the county OF Richmond and the latter partly IN
that and partly in the county Of Kings, are sub
iect TO tne act ruiatiye to public health n the
city OF New YORK (S L., 1850, 5oI-6ls} and to
the subecquent by which may have been amend
ed and all niractions Of these laws rable exclusive
so sys) IN the courts Of General and spe
cia Sessions Of that city Thy are, therefore, under the
Jurisdiction of the Health Ofcer of the port the phys
clan OF the Marine Hospital and the Board Of Health q the
city The residue of this county that much Of II
within these grounds aud forms no part OF the
port under totally different code. the act for
the preservation Of the public health o. L., 1850 6s0
6a3)--whch however, passed and went INTO opera
ton the day as the act relative 10 the publ
health the city Of New York. II " unnecessary u add
that these acts OF equal validity and confer on al
who act under them equal authority The grounds of the
Marine Hospital ron. On ont ,ne arS e .oS IN lana NIX
the town Of Castlcon and the villages which occupy It's
eastern margin.
10 the eyiden, intention Of the health laws of the city
an intention which has been carried into effect with
siderable ndctyihat on these grounds should be con
cenraied every thing whether living dead, which Is
taken from injected vessels aud neither destroyed
nc TO be conveyed INTO healthy communities: Here
infected eagssge l. landed and opened TO the ar;
quently deposit their infected cargoes, sometimes
a many as three being at the same time and same
the passengers and suppose, also the crews Of the In
Sccted the probation which IL 10 deter
nine whether the seeds Of disease shall germnatc IN
gckners or death or germnae; here gathered
Or huddcd all who have sckened of pcstcntal Diseases
whshsr IN the city or on 70 DC cured OF 70 ae
or diseases the nature o the plague and not thrown
over II sea, brought for burial.
The extent Of these accumuatsons on these grounds
not shown BY direct proof But In 1856 there
hundred and y vessels al one time In Quarantine for In
fectous diseases Tie aggregate stated From this
NAV be formed some idea however inadequate OF the
quantity cpected clothing of infected cargoos The num-
Der Of Infected sailors and passcngcrs Of the sick and the
dead the present year when In Thompson, the Health
O1cer o the port toscs tho influx OF yellow fever ycs
sells vas thirty three per cont greater.
The number OF persons whose services this immense ee
adjustment rendered necessary is also not directly
shown but II must have been large The Health officer
anS ana p II. family nmy M Tho % p.as Heal Health oSsr s the
physicians having charge of the various hospitals
aud their families, resided on the grounds, which
do not exceed twenty i've or twenty eight
acres Then there the persons connected with the
wash house there nurses, thcro were persons Of
unexplained duties called ordecs Then there were the
boaren bargemcn whose duty was 10 row among The
vessels Quarantine " bring on baggage, crews and
passengers ibe SICK and the dead 70 iSasa'e % lnecd
deck the forecaste and 70 take out The pump
boxes" Then there were the persons who gathered up
The infected matter too dangerous 70 be thrown over
board unfit TO he taken the Quarantine grounds
beds bedding, old clothes, straw rags and whatever else
infection could nestle In best This accumulated ON
thc iron aud burned Tho quantity can be Judged
d The fact thai the smoke was waited from tue dts
sancs q several hundred ysra, op0n no %
the houses o any these several classes the numbers Of
which not given. but of stcvedores Van Bssk one
OF them says there hundred and thirty. Tie
business Of these 10 discharge infected cargoes. IN
all think safe 10 there must have been Al least
from two hundred and Rfy three hundred persons
poyed at Quarantine IN tile most infectious ~ All places
and o. all employ menis spending their days and nights
whether on land or water in bsrgcs or IN ships IN an at
That these persons engaged In occupations most
dangerous their and not that Of the prison
crs or of the public That their duties necessary
and ha. Of them sckened or died In the perform
ance Of them, Is 20 be amcued But there crrum
stances connected with their performance Of those duties
with which the prisoners and the public had deep nte
rest Their occupations not only dangerous 10 them
selves but might he TO others also was asserted by
sevora medical witnesses aud questioned by none that
the clothes exposed persons may though they escape
themselves communicate the disease TO others II was
therefore OF highest public concern that 80 many per
sons within the Quarantine grounds, whose garments
might carry infection, should be kept there Al expert
well all the evidence, shows that nothng 80
fatal articles from infected shipping. These, Of every
fp,Ces, hcapei up IN those grounds AMI was of
The highest public that there they should remain
rr. Bissel accounts for OF the fatality outside OF
tc walls by the sale there Of the garments 81 persons
who had died OF ycov within. Can the public have
any concern than that such fatality by sueh means
should he preventcdS
Thy whose occupations, without extraordinary care,
dangerous 10 the community, that community ex.
binary care; nothing short Of il will i
obvious that establishment like the Marine Hospital