The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-30

and lO8rh streets. The bill was brought against the
Metropolitan Board of Health, by whose orders the
building had been seized ana occupied as Cholera nos
plta for space OF two months and two days, com
mencng the 9th day Of July and ending an the 18TH
day of September last The cholera having then ceased
hospital ordered TO be closed and the premises
were returned 10 the proprietor.
BILL FOR DAMAGES.
The following 10 the bill sent IN by Mr. Westhemer-
Tho Commissioners OF the Board Of Health 10 Henry
westheimer Dr-For damages ana loss Of business OF
premises on second avenue, between Tooth and l06th
streets, New York, as iolows:-
To loss OF rent one year. S4,ooo
To damage to the painting, papering, plasterng,
To wood premises burned. ......-........... $50
To damages for forfeiture Of lease for five years
account Of its being used as a hospital. 525O
To loss on use Of cattle yard from July ~ to feed
To a maid s builder claim for damages an contract
he being stopped by the commissioners. ....... $50
To damages TO the lessee, for which the lessor is
responsible to hims. $4,000
Ioul. Sooi'o
OF the counsel for Wesheimer
ADMIRATION CALLED
Tho President OF the Board Of Health was thunder.
when the above bill presented to him. and OF
course refused to consent any such sum OF money
being paid IL was accordingly decided that each party
in the case should appoint an arbier, and Mr.. VIM.
Lambiere and Edward G. Robinson were appointed
referees. The first meeting Of these gentlemen took
place the 18th instant when the testimony Of several
parties TAKEN
The witness, being sworn, deposed in this sense:-The
property is owned by his wife, Caroline Westhemer
The purchase was made in the spring, but the deeds
passed until the 10Th OF June the total sum
charged $2S 600. OF which 81, 600 was paid down
In cash, and mortgage given the property, but
refused to state Tor what sum- in the latter
part or June witness possession The prop
erty afterwards leased to William Demme on
the 21st o. July for i've years ..- a. $500
Demme was TO have taken possession on the LIST Of
August by that time the Board Of Health had taken
officers repairs had been made TO the place by wit
ness. Demne having agreed to make them; witness
went 70 state that he believed that the sum charged
for damages just one; he also that his loss
for being deprived Of the of the twenty -four lots
amounted to 5000 per week; the principal reason for
and thirtywo lots, was for the purpose Of opening
cattle yard; the building and eight lots leased TO
Mr. Demme, TO be used as hotel for drovers &c; MT
Demme had made no clam for damages hi m. In
question the witness stated that he did not
know the lawyer who had prepared the lease; was
there signed and stamped; witness positive
that he had not told any person, within
month that DO had not executed The lease Lippman,
prepared but hs wife was 1t home Rosenberg car
ried the lease to witness we, and obtained her sigma
ture On being the witness stated that
but OF the rooms, measuring sixty by twenty i've,
papered with the ''1nest kind Of oil paper and
the finest kind Of IN one o. mo rooms the pps,
by the Board Of Health tho paint also spoiled whom
the house smoked out and he thought 1t would
cened the disease lchoera had been the 6ouse and
the walls would have TO be replastercd The witness did
no. know Whether the Board q Health usea the entire
and be could not estimate what would cost fence
them in; he certain he could mako . net profit OF
$500 week by using the lots o. . cattle yard would
have cost 81 500 10 d The place up; be was 0: opinion
that BY laying out $4,000 be could have made $4,000
TESTIMONY or BSxyA,us n RcsrSBER0
THIS witness being sworn deposed that he knew
wesheimer, and saw the lease drawn up and ngned;
~ ehn
lease he is not lawyer, but s good penman witness
that the lease drawn up In Demmes barroom
lease was drawn up; Nesbaum boarded with hm Mes
baums business was going TO auctions, and sometimes
interpreter at courts witness did not know
where he was TO be found
rnTIAoxY or ". A. DExxE
This gentleman was sworn, and deposcd that he
cuted the lease the 2lst OF July; lac
the place and willing take possession but
9th Wehcimcr came to him and said that the Board OF
Health rad seized it witness stated that Mr. soese
had offered him $4,000 for the place. which he thought
very valuable; witness keeps lager beer saloon; ne
agreed to pay $4,000 per annum for the building when
the lease drawn up he Rosenberg. tiierc
the witness made some very contradictory statements
he stated that he had copy OF the lease then he
wasn't at his house, and at last he stated that he had
gwen the copy TO Wesheimcr or about the I'd OF 0cto
Der lie had not seen since although he kept IL up
time Witness that the subscribing witness
Signatures to the lease lease the name Of one l' is
written In pale blue ink and the other In deep backl
On the examination Of tns witness beng concluded the
matter adjourned until the 10th instant
PROCEEDINGS THE MEETING.
On the meeng Of the the 10th Mr.. Hirsch
counsel for Mr.. Westheimer stated that he had a
copy Of the lease with him. his client not having been
able W bring IL
TESTIMONY or John ArryR
Witness being sworn, deposed that he a carpen-
ter had work ing at the Red House when
he stopped by the Health officers; he worked for
about nfteen days: Mr. Westheimer paid him 1925 he
LEFT at the place about $500 worth Of lumber witness
stated that great complaint made by neighbors
Of the proximity Of the cholera hospital but admitted
that his wife did the washing OF the hospital
coRRcBoRAuvE TESTIMONY.
After this witness had been examined large amount
OF evidence taken for Mr. Westhenier In which IL
that the use OF the building a hospital had
stocssol sworc that he had offered Denmore $4,000
for his lease. Mr. VIM. = Carman cashier OF the East
River National Bank testified that Mr. westhcimcr had
told him Of his intention 10 make cattle yard Of the
lots, and that no twitnessI had thought that It
would be "good thing that Afterwards West
hcimer had come 10 him and mentioned that his
plans all spoiled in consequence OF tho Board hay
ing seized the place Mr. Adophus Fromer testified that
he believed the place vas well worth a. 500 per annum
He thought that any could have made from 900
TO $4,000 per annum clear profit from IT, He believed
the corner be worth So and the others about
he did know the last lessee paid only 81 rent lor
the building. Several witnesses their belief
that the property had been damned and rendered al
most useless In consequence OF Its being used a
TESTIMONY ron THE roaRp
Dr Randall sworn, and testified that the papering
IN the OF ordinary quality. In the front part
of the the paperng deco ated with statues In
the other parts II dilapidated and The upper
part Of the house In dirty condition aud the
kitchen extremely hthy. The witness testified to the
fact that the place. by order Of the Board OF Health
had be ccansed and whtewashed, the floors having
be scrubbed with chloride of soda for the purpose OF
making them white The Board also put gas fixtures
aud had Croton water pipes carried the building
the stoops repaired and two brick furnaces In the
wash roam " fixed up" All OF the improvements
were ieii upon the building Witness saw the carpen
tcrs work they continued for some time after
the occupation Of the building and then OF their
own accord fear OF cholera manifested by the
neighbors the wood burned that on the premises
not worth fifty dollars witness family the
hospital all the time and had fear OF the cholera
had doubt that the place could DO injured in
value, might he difficult 10 rent II at the present
time.
rEyuwoyy wHrrn
Witness being sworn testified 10 substantially tho same
as DR. Randall had. Witness had heard rumors OF
threats To burn the building he had heard that III
the place burned the Board Of Health would have 10
pay tho proprietor for the loss.
d. G. Carr sworn, and testified that the place was
In better condition when given up by the Board than