The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-08-25

The Armistice Ended and the Health Officer
Again Attacked.
DR.. Carnochan and His Assistants-Dr. Reid Ar
rested on Charge of Illegally Selling the
Bark Wavelet-Bsil Given in the Sum Of
$1,000 Each-The Doctor Still at
His Post Fighting Yellow
Fever and Smallpox.

| on an order issued by Judge Pratt OF Brooklyn IN
the SUIT OF James f. and Charles II. Pendergast the
| owners Of the bark Wavelet for the recovery Or
$40 900 damages for the alleged Illegal seizure Of the
vessel and less OF cargo. The Wavelet arrived at
Sandy Hook in the early part OF the present month,
and subsequently sailed TO Perth AmbOy, where she
discharged her cargo and crew. She then pro-
ceeded up TO Brooklyn the captain not having OBJ
tanned a permit from Health OGlcer Carnochan, and
came to anchorage at Harbecks store, Furman
street. On the night of the 10th instant she was
seized by the Quarantine Steamer Fletcher and
towed down TO Quarantine. Here, 1t Is alleged. the
captain and his family ana the storekeeper
were detained for eight days, when the vessel was
released on the payment OF $3.50 by the owners The
latter claim that they lost cargo and voyage by the
seizure anu they now bring action against Health
Officer Carnochan and his deputy to recover the
amount Of their loss which they estimate at $40 000
Below will be found The afdauts upon which the
action for an order OF arrest granted by Judge
Pratt
SUPREME COURT, COUNTY OF KINGs.-James +.
Pendergast ana Charles II. Pendergasi, against
j. NJ. Carnochan anu Kenneth Reid-Tbe complaint
OF the above named plaintiffs respectfully shows to
Ffst-That they were at the times hereinafter
mentioned and still are, coparners I'm business IN
the 10th day Of August 1876 were rightiully posses
sed or a certain vessel or bark, called and known
the wavelet and such right Of possession has ever
since continued.
That said bark being In the possession OF the plain
tins, as aforesaid al the times aforesaid, was lying
at certain wharf in the city or Brooklyn, in the
county OF Kings, and during the night time and
under cover OF darkness thereof the above namel
defendants wrongfully malicionsly and the pur-
pose Of extorMng from lhe plainIiIis large sums
OF money and OF otherwise injurng, harass-
ing and annoying them, rs plaintiffs are in
formed and believe and charge the truth 10 be
by trick and fraud and device, obtained access TO
said vessel, and then and there with the aid and
assistance OF a body Of armed men, acting under
tile command and direction OF the defendants forcl-
bly, wrongluliy and violently, Ia rlo.ous. tuinultu
Gus, dlsordery and plraticai manner, attacked and
session thereof, ana assaulted seized upon, over
powered ana imprisoned the persons on board, the
charge OF said vessel, and then ana there
Cut hawsers, fastenings OF said vessel, and
with and 10y means of a certain steam
boat or tug towed and carried away said bark and
the persons imprisoned aforesaid, and Kept aud de-
tanned the said vessel from the plaintiffs, together
with the servants VI the plalntlfis aforesaid for the
period OF eight days, and forced and compelled the
said plaintiffs thereafter, wrongfully frauduently
ing possession OF said vessei, the sum OF $3.50 and
over. That the said CarnOchan was and is the Health
was ana Is his ASSISTANT: that said acts were Commit.
ted by them as Aforesaid, under and by color Of their
power and authority as such officers as aforesaid.
but the palntifis aver and charge that the sad de-
PENDANTS had not nor had either OF them as such
officers or otherwise any right. power. authority
to do any OF the acts aforesaid and |
said defendants and each OF them well knew the |
same.
Secondhand for further cause OF action this com.
plant further shows, like information and belief,
that the defendants being such officers as aforesaid,
wifuy, corruptly, fraudulently and falsely abused
them tor the public good to subserve their private
interest," and maliciously injure and harass the
said falsely and wicxedly pretending, for the
mere purpose OF enabling them the better TO
sorssad that they se were acting in good faith aDd
in the discharge or their duty, when In truth and
In fact their intentions were, and That OF each one
OF them, malicious and to Cypress and plumber the
plaintiffs to their great injury and to the great 0dium
and disgrace OF the government Of the state OF New
York.
That by reason of the perverse and wrongful acts
or the defendants Aforesaid the plaintiffs have sus
tanned damages tn the sum Of $4,000 Tor which they
kings County, Guy OF brooklyn, ss:-John c.
Wood, being duly sworn, says-l am master Of the
10th or August; we came from Perth AmbOy, New
Jersey, where we landed our cargo; we lay at the
clty Of. Bro .sS the wavelet was lowed from
Perth Amboy, no crew on board, and after
lying about fourteen hours at the wharf, with no
person on board, except the Waterman, depOnent
and his wife and children, and Two other persons
not belonging to the vessel deponent's said wife and
family being mere visitors ana only temporarily on
That said wavelet lay alongside Of two other YES
sells, which were also attached to the said wharf.
That about hall an hour after midnight. on the nth
Of August, while the aforesaid persons were on said
vessel the steamtug A. Fletcher approached the
the Waterman OF the Wavelet.
The person apparently IN charge OF the Fletcher
Of e TSa at %e 70
were but two or three persons visible on SAID
Fletcher.
Deponent refused to CONSENT ana gave as a reason
that the fastenlngs OF the Wavelet not
sufficient to hold them both, to which the person
until morning. TO this deponent made no reply,
and deponent then went In the cabin, having hrst
told the Waterman not to allow the Fletcher to come
alongside.
That almost Immediately after getting in the cabin
deponent heard the Waterman cry out al am
prisoner; look out for yOurselfn and deponent at
that time heard number Of persons coming
board the Wavelet, and Immediately came to the
DECK and then found the Fletcher alongside and
the Waterman In the hands of three or four men,
who were endeavOring to get hun on board the
Fletcher.
That at that time there was a number Of men In
the rigging or the Wavelet, upon her port side
That there were some men also forward on the
Fletcher, and as near az deponent could Judge there
were on the Fletcher, when she came alongside
altogether about eighteen or twenty men.
That there were three men not engaged In putting
the Waterman, above stated, who were standing
upon the port side Of The Wavelet with pistols in
their hands, one OF whom pointed the pistol at de.
right they had on board and what they wantedf To
which they replied, "Here Is our authority" and
exhibited something fastened on their coats; on
which deponent told them that he did not recognize
such authority.
Whereupon a number OF the persons In the rig
ging as aforesaid, dropped upon deponent and
seized and overpowered him, and forcibly took de-
ponent, undressed as ne was. over the side OF the
vessel into the wheel house OF the Fletcher and
there detained HIM; that while they were In the
act Of taking deponent as aforesaid, some OF such
men cut the lines and fastenings of the wavelet and
made her fast to the Fletcher, and she was then
towed by the Fletcher down to the lower bay.
While dep0nent was 30 IN custody he heard some
one order that the lines OF the Wave
let be cut quickly and two persons directed
to take charge OF the wheel OF TIE Wavelet. That
all this was done in a great hurry and confusion
and occupied only about fifteen minutes. That de-
ponent was detained IN the wheelhouse Of the
Fletcher until they reached the lower bay, when
the person in possession Of the Wavelet, as af0re
sad let go both anchors and m0oreQ her with thirty
fathOms OF chain out.
They then permitted deponent to 60 on board the
Wavelet and get his clothes and see his vile and
children, who were on board
They then took depOnent and his family to the
West Bank Hospital and kept them there imprisoned
for several DAYS and then BROUGHT depOnent to New