The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-09-13

that day. and would whtewash the fence and remove al
stun, and did IL removed everything was told 70 re-
move; Mr. Martin came after had removed the things
and whitewashed the fence have wife and four chill.
dren.
in tho yard my house is about twelve feet by
eighteen feet and the lot about twenty feet by one
hundred feet there is fence all around tho lot
level and smooth carried away about three barrels OF
ashes when the from the poll came back he said
there nothing 10 clean; in the winter coll
ashes sw and bread; eat the bread sift the ashes
ami sell the cinders don't collect bones amt bone
man. Qaughter)
The case for the defence here rested
Richard p. Whitney for the plaintiff testhed-I live
in Brooklyn, at 1872 East Warren street; q carpen.
ter by trade, and know Mr.. Keyser; have been en-
SPECIFIED No 72 West fifteth street. bstween he 18TH
and 20lh Of May inspected for the Board Of Health
after was cleaned; the place looked il used
for collecting things found considerable ashes garbage
and other things in the lot; there docks the
premises; didn't stir the soil but from the looks OF
il tho ght 1t offensive; ashes garbage bones aud
different things were there guess over the whole lot
cannot say II the lot q level with the street;
observed the surface OF the lot but can't describe
Cross examined-I cannot say where tho lot saw
bones, but they were scattered about; can't swear
specially that saw any bones particularly; some
wont swear positively that saw any poal,nes. i think
there peepgs the lot that day; would swear
positively that there were any peclngs; can't specfy
what kind OF garbage saw; ! might have been there
fifteen minutes; did not Baker; went on the lot
went all over and to the Of the lot don't recocc
seeing woman and children.
Examined BY Counsel for plaintiff am confident I
farbage on the lot, but can't specify what kind.
A. J. Fleming, 12S First avenue-Knows Mr. Keyser;
IS in his employ, and was In during the month of May
last; worked by his directions 10 promises y West
Fifteth street as foreman went in May; premises In
bage composed old shoes dead rats ashes and other
animals; there was manure; took three days and quar-
ter to clean the place up
Examined by counsel Tor defence-Saw Mr. Martin at
property did not point out to Mr. Martin any garbage,
manure or rubbish garbage was there when Mr.. Martin
was there didn't Mr. Domoski; saw Mr. Baker; was
0nuU III Mr.
Paker Mrs Baker didn't have to lock the door keep
me from running after her daughter found garbage all
the lot used pickaxe while at the work; used
a pckaxe to take garbage OF the rocks, which had
accumulated there Tor years. didn't touch it when
men had no liquor while at work didnt see them
have liquor; garbage old shoes, ashes and dead
rats were taken away found dead rats among ashes;
idea how long dead rat can reman under ashes ana be
unconsumed l saw one dead rat; he was the rock
and under the ashes; cannot say how far under tho
ashes the was can't say that saw than one;
cant tell whether / any other kind Of dead rat;
can't that saw any other kind OF dead animal;
manure in rear Of lot didn't see where manure came
ours; said to Mr. Baker that he could have box to
put manure in went TO Mr. Bccbe, and asked him If
he threw manure Mr. Beebe did give meSome'hing;
told Baker that he could have box to keep manure in
Rc-examincd by Counsel for Paintif-Garbage, &c
was rampled about all way through to rock was ashes
and garbage.
Mr.. Munson re-called-Mr. Bakers lot is perfectly
siceel say suec-and clean; nothing offensive on the
lot within the past Ave years.
Mr.. Martin re-called-The day I saw Mr.. Fleming
did see manure; 1t was apparently put out that day. In
quantity IL was about much as could be put in
wheebarrow, and no more than that
Mr. Baker re-called-Corroborated the statement OF
wiiness 1t was put out that morning. 1t carried
away whenever he got load Beebe put out; he gave
the men brandy to carry It away.
Examined by Counsel for Plaintif-Didnt the
manure put or; 1t put out in tho morning; can't
when it put out; can't the last time
manure taken away; didn't Mr. Beebe give
brandy; saw two Of the men drunk and lying on the
rock afterwards
THO a. haro clovad arS ~ - hoth corrsos baJ a.
dressed the court his Honor announced that he would
give his decision in day two