The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-07
THE GARBAGE WAR.

On yesterdays motion calendar at Chambers of the
Supreme Court order show cause why a pre-.
lminary injunction sued by the Board of Police IN
he name OF the city against interference ty Shore In.
Ipector Ferguson and the police authorities OF Brooklyn
with the casting of street sweepngs refuse in the
sea south OF Coney Island should not be continued
The subject had scarcely been Judge Van
Brunt interrupted and said that he could not hear the
motion as be was an interested party and that he must
send the matter before some other Judge Mr.. Win
chester Brtton, the District Attorney Of Kings County,
who appeared for the defendants, urged a speedy
disposition Of the matter and desired Judge Van
sure learned Justce would decide the question i'm
partially aud favor OF his clients he added that
:here could DO real reason why The Justice should
not near II, iuasmuch as he certainly was not pc
cuniarily interested and that the action OF the police
authorities complained OF was the casting OF refuse
matter ON the south side Of concy Island several mics
distant from the residence oil the Justice Judge Van
brunt replied that his residence affected by IT.
that he was this matter "a BrookIyne, ana would
like to dissolve the injunction II he could. Mr. G. +.
MacLean, counsel TO the Board OF Police appeared
case there or elsewhere, though he did prefer
that should come before a judge who
VINO would not he wiincss against him; he was Will.
ing to go before Judge Wcsturook VINO granted The
order, AZ Kingston Upon the intimaton that Judge
D0nohue was the city Mr. Bruton said ne was per
fectly willing to before that JUSTICE particularly as
he had decided the same question uvor OF tho shore
Inspector. Undcr direction OF tho Court tho respect
I've counsel went to Judge Donohue's private room
and obtained his consent to hear the matter at ten
O'Clock next Wednesday morning Mr. MacLcan said,
after tho ud0urnmen that the remarks OF Judao Van
Brupt showed that the grievances oil the residents
living the shore duo to the Police Depart
ment iuasmuch as only two tows OF street material
had been 10 sea this summer, and that the ma
teriai had been thrown into the at the cbbug tide
more than three milos south OF Concy Island nearly
eight miles from Judge Van Brunts country residence.
GENET'S STENOGiAPHERS ELL.
Robert Bonyngc, stenographer Of tho Supreme
Court brought suit against Nelson J. Waterbury to
recover the amount OF bill Tor GEOGRAPHICALLY re-
porting thc trial Of Harry Genet, for payment o, which
bill Mr.. Bonynge claims Mr.. Waterbury had become
responsible The trial resulted In favor of Mr. Bonynge
Recently Mr. Waterbury made application to Judge
Westbrook, in Supreme Court Chambers, Tor a new
trial. on the ground of newly discovered testimony,
which might BIO given in his favor by Mr. Jonas.
Judge Wcstbrook rendered his decision yesterday
denying tho motion In brief opinion ned case
the Judge says:-"The alleged newly discovered evi-
dcnco OF Mr. Jonas by diligence should have been used
Mr.. Bouynge upon the trial informed Mr. Water
buy that Mr. Jonas the messenger between Genet
and Bonyngc. Jonas was present at the trial. and In
quiries OF him by defendant would have asccrtained
his knowledge and enabled the defendant TO use 1t II
nc needed II. Tho exact clam oil plaintiff was made
known TO defendant by the compliant II was easy Tor
the defendant during the long time vi ich clap eJ be-
lore iria TO ccraln The number olios IN the fur
nished report OF tho case Not having done 20 was
caelcssness III preparation, against which there can
r,ct a new trial Tor cith her reason could only
lie granted on payment OF COSTS and The
before the General Term an appeal from the order now
70 be msdc will enable the defendant TO present the