The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-20
THE GARBAGE WAR.

PILOT KELLY, OF THE STREET DEPARTMENT
TowBoAT, FOUND GUILTY OF MIspEMEANoR.
The trial OF John Kelly, upon indictment found
against him by tho Grand Jury OF Kings county took
place before Judge Moore and jury, the Court OF
Sessions, Brooklyn yesterday. The defendant who Is
pilot Of the tugboat William r. Sheeney, rs charged
with having violated the Health law OF tho State and
arrested last summer on complaint OF Shore In.
specior Cornelius Ferguson Much there
fore manifested in the result OF this the first trial OF
the Kind held under the statute OF 1875,
which makes II msdemcanor to tako garbage
down through the Narrows dump II on cbb
tide. Assistant District Attorney Moore. who ap.
pearcd for tho people, reviewed the law the
pref which he said 1t was violation or the law Tor
persons charge Of the garbage pass through
the Narrows without permit from tho shore inspcc-
tor The defendant was towing scows on tho cbb tide
the day on which he arrested, and when hailed
by the shore inspector no acknowledged no had no
permit. Defendant then passed out tho Narrows aud
dumped the garbage, which hoacd back the shores.
When no returned 10 the shore he arrested on
issued by Justice Church Flood tide was tho
time 10 take the garbage down tho bay but defendant
selected the cbb tide because did require
force and was less expensive
Counsel TOR defendant moved to dismiss the case,
claiming that " was not within tho jurisdiction Of Tho
State; also that the act was unconstitutional Judge
Moore dcniea tho motion dismiss, ana It was not
for the Court TO upon the question OF the
nationality Of the act.
The first Witness examined Shore Inspector
Cornelius Ferguson, VINO testified to the law under
VIII CHI he acted aud the particulars which led 10
the arrest OF Plot Kelly Peter Gates. Joseph L. Bosl-
WICK and Peter Burns tcstihcd that the scows
loaded with garbage and dead ANIMALS
DEFENCE.
Tho case Tor the people then rested, and tho counsel
for the prisoner opened the Tor defendant dc
held that the pilot had OBTAINED from
proper inspector the effect that there putrid
matter board the scows that no had in tow Kelly
was as innocent as tho ''babes IN the wood" OF any
crime and II would be q great wrong &c send HIM 10
the Penlcntiary tor six months ana To compel hun 10
pay tine OF $500 The best place put the refuse Of
New York was to send 1t 10 tho sea, and that had
done.
Captain John Gunnor Inspector OF Street Cleaning,
New York. called TO the witness stand, anu was
asked number Of questions concerning the rules and
regulations Of The Board OF Health OF that city as
the removal OF sweepings and ashes. Tho
Court excluded nearly all the questions
irrelevant Witness said u was his duty to
inspect each load before 1t taken away; saw
the that were laden with sweepngs and ashes
the 2Gth day OF July; saw carrloh, animal or
offensive matter board; scows when
eighteen miles from New York and about one mile
and hall IRON the shorc Captain Killalea, Kelly,
the defendant and others testified defence and
the was given to the Jury After brief absence
tho jury returned a verdict OF guilty OF tho msde
meanor alleged and the prisoner was released bail,
TO appear Tor sentence on ursday next tho Goth