The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-09-29
The West Washington Market Contr0-
vcrsy.
SUPREME COURT.
Before Hon. Judge Potter.

Before Hon. Judge Potter
SEPT 2S-yhe State REL Ooen W. Brennan ct al ss
The Mayor al At 10 o'clock this morning the business
of swearing jury try the was proceeded with
and about halfpast eleven O'Clock the full number was
obtained.
Messrs. William B. Evarts, E ". stoughton, ex-Judge
Edmons and Waldo Hutchns appeared on the part Of the
State and Mcssrs Richard Busteed Corporation Counsel
exJudge Dean Moses Ely and Rufus Andrews for this
city.
Mr. SToUGHTON opened the for the State The only
question: he said at issue question of boundary,
upon which the title Of the parties exclusively rested
IT was an action brought to recover lands west Of
West street and between Dey and yesey streets West
street, he contended the extreme boundary of the
city Of New York It was for land lying west Of that
boundary that the State brought this action That the
title to lands under tide water vested the sovereign
power OF the State was question very well settled by
the highest powers In the State By the charter granted
to the city in 1885, the title all lands low water mark
was vested in the city Of New York. The only grant
since made be found in that made on the Mont
goery charter IN $780, which gave to the CITY of New
York all lands four hundred feet beyond water mark
In 1885, the Corporation of the city OF New York petit
toned the Legislature to allow them to make extension
street West street, seventy feet wde which petition was
grunted, and West street thus constructed. The
West street was, he thought, very clear, be-
the fact of the land having been
filled in by the city gave no title to the property The first
instance of the city granting the privilege of dumping
earth mud into the water west of West street, and
between Dey and Vesey streets occurred 1874 After
was filled in it began to be occupied for markets and
other purposes In 1S49 question in the Common
Council whether they should erect market buildings on
this filed in land and the committee to whom the matter
was referred reported unfavoraby In 1851 COMPTROLLER
Fagg, in report to the Board of Councilmen said that
al this land in question belonged in reality to the State
SO happened that for some time this land had been
occupied by parties who have paid rents to the city
therefor the city entitled to this property Of
course the rents &C. should be turned to the parties
legally entitled TO them.
Mr. Joseph Barnett fruit dealer in Washington Market,
deposed-Snce 1927 have been acquainted with the
water and land line OF Washington Market in 1927,
side the market there nothing but water between
Vesey and Dey streets; in 1889 there were few piers
and slips running outside Of West street, between vesey
and Dcy Streets my boat could get in and out at any
state Of the tide in 1927 at low water there about
three feet Of water.
Mr. Norris Cohen, produce dealer at Washington Mar
ket, depOsedI have known the locality Of Washington
Market since 1889, from which time till have been
ming into the water west Of West street, have been up
to West street with loads of potatoes and unoadcd there
vesey and Dey the tide used rise at that time six feet
Of West street. between Vesey and Dey the was
about twelve feet deep.
Supervisor John A Kennedy deposcd-I came here to
street. and the water passed ~eastery of West
street under the Market there was foot bridge
running from vescy to Fulton etreet and tbe
tide flowed under that bridge; there rewood pier at
ey street and the water came into West street, there
was no other pier between Vesey and Dey streets that
time was employed as journcyman sign painter and
used to go there at high tide to paint names on stens of
NSsseN, means ot aSccfAn1ng the depth tide
between Vcsey and Dey Streets in tho fall of 1s4e there
was no hlng in Of the water Mt the point in question: in
1851 Alderman Temann the present Mayor made a pro
position In the Common Council TO have the old market
torn down, and another built the new land made
by the filling in
Mcssrs. Wallace Edwin C. Smith and VIM a Duncan
were called to prove the genuneness several maps pre-
pared at different periods of lands in the vicinity
OF the ground In question By grant from the Corpora
non TO Trinity Church, and by similar grant to the
Governors Of Columbia College, it was shown that in
lI7o-73 the low water mark Of the Hudson river
First or Greenwich street
The Court adjourned at half past three O'Clock until this
morning at ten o'clock.