The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-28
TIE GARBAGE IN THE BAY.
AN ExA1TNfTfoN or the CAPrUR-
Ed OFP4L SCOW,s CREH.



Of Law-Tbc Prissaer- sin Looking fov
Observation-Disclosures Of Wednesdays FRAY.
Capt John Kelly and the crew Of tho
w. r. Cheney were taken from RAYMOND street
jail TO Fort Hamilton. Yesterday afternoon. for
examination. Shore Inspector Fergeusou, Canal
Inspector Berkvich, ana Capt. McKelar rode
with them. They were RANGED In chairs before
Judge Churob's bench, an uncovered table In
front Of the confectionery sand In the JUDGES
hotel, barroom grocery, confectionery, and icie-
graph station. About the Dleasant-faced jus
tice were Commissioner Nirhols, Counsellor
Charles F. Mclean. appointed by the Police
Commissioners to defend Capt. Kelly and his
companions. Capts. Kifes and Gunner, and
Inspector waddy OF Brooklyn.
Mr.. Mclean asked whether the prisoners had
been committed under warrants.
Justice Church replied that they had not
been that the arrests we're made without war
rants ~ order Of Shore Inspector FERGUSON, for
vtolatiors Of the section OF an act Of June Is,
1878. relative to the deposltiDs Of ona in the
Mr.. Mclean r<en asked whether Judge Church
would accept satisfactory bondsman living out
OF kinas county fer the prisoner. The statute
In regard to nail, Mr.. Mole all said, gave him the
rtebt to do 30.
Judge Church answered that such action on his
criminal courts and the District Attorneys Of
nee of Brooklyn.
II
prisoners snatched so suddenly from their
homes.
Assistant District Attorney Smell, the con-
ductor OF the prosecution, without troubling
himself to get upon his feet, said that he could
not see any hardship In the I'm prtsoument OF
sent to the acceptance OF any other bondsman
than resident Of Kings county. Capt. Kelly
had been arrested once before for the same
misdemeanor. Tho examination should pro-
Mr. McLeon thereupon waived examination
for NIL q and as a. they
were poor men. their pail mientbe made re ason-
Justice Church fixed the bail Of the crew at
el0U each. and nj the prompting of Mr.. SMELL
who SNAPPED the decision without rising from
his chair. that Of Cipt. Kelly al 5000.
Then the pris oners were marched back TO
Raymond street jail; A BROOKLYN bondsman
will probably be obt ained for them to-day
Chief Clerk Hawley said yesterday: As the
tug William Parks OF the Street Cleaning De-
Partment, carrying Commissioner Nichols Capts.
killiea and Gunner, and Counsellor Mclean.
was about to back out. the idea that the II rks
might TOW the tug W. Z. Cheney 10 New York
the men abo,rd OF her, throw US line and
cast on your lines
The tug shan't leave" said a man Just abaft
Who are voul" asked Counsellor Mclean.
"Tm = New Utrecht poltceman-Oficer Nc
Bride-and here's my authority" showing bis
shield.
Tor Mclean. I'VE want TO see warrant for
seizing tins tug. belonging by contract to the
POLICE Depirtment Of New York"
stationed me here, aud I'm going TO do my
duty.
An night, young man we will give YOU free
ride to New York" cried Counsellor Mclean.
bis eyes dancing with excitement. Throw on
those lines.
The stern line was thrown OF the pier.
Hold on txcllimed Ofncer Mcbride az
you are going to take the tug viii go ashore.
But will go up to New York after her" and he
got on the pier some loungers on the wharf
| showed disposition to prevent the temporary
crew of the Cheney from hauling in the bow
lines.
"shall cut them. Cap ?" asked one OF the
crew OF Capt. killilea.
NO; guess we had better have . coosulta-
ton with Judge Church." Then. to the tempo
rary captain OF the Cheney, Fire up, and. as
soon as vou are ready 20 start, tell Judge
Church" Aud the Parks darted away from in-
nosptabie Fort hamilton.
Chef CLERK Hawley added The Commits
siuners OF Police are satiheo that the tale about
tn. broad belt Of grease constantly In Gravesend
ey think much more favJratly Of the tales
about tbs garbig deposits upon the beach of
Consy Island"
Shore Inspector Furgueson and the BROOKLYN
police boarded the Cheney and her tow Of scows
within the jurisdiction Of the state OF New
\ urk. where, as they supposed, they could make
! tneir prisJners outside VI the Jurisdiction
| Of The state 81 New York. and held them
Z ia dure-s upon the open sea. Their action was
pirltcal anu might legally have been resent ed
VITA force. / Ne legal r-ie N iegard 10 arrests
! Is tnat the 0fhcer must take tue prisoner bv the
nearest route ~ a court and II Is unlawful for
him TO 30 Ia any o her direction. Many Ulcers
! have been severely punished for infringing this
I rule. The complaints against the Cneney's
! crew were drawn 10 brfOr-hhn1. Not until the
/ SHORE Inspector lad seen them commit he Of
fence with which they are charged should he,
/ properly, have made cOmplaiut asainst them.
/ No other than friendly Judge would have re-
gATded thl. oversight on thS part OF shore In
spector Ferguson 50 favorable as did Justice
/ Church.