New-York tribune., 1878-05-24
sUPPRESSING VIE ODORS.
RECORDER HACKETT's DISAPPRovAL.

SIP PRESSING lILE ODOhD'
RFCORDER HACKETTS DISAPPROVAL.
op1FcTIyG TO 1HF ACTION OF THE GRAND JURY
IN HEARING PRESIDENT CHANDLER.
The Grand Jurors came In yesterday before
pocoder Uacke in the Court Of General SESSIONS ana
the foreman Mr. Amm.don, handed In several ordinary
indictments Before they retired Recorder Hackett al
dressed them as fOnows
"Mr. Foreman and Gentlemen OF the Grand Jury: 1t
has been communicated to me by reliable authority
that you gentleman felt it to be your duty to make
an examination of President Chandler ana some wit
nesses behalf OF this Board of Health Learning 'na
fact it is my duty to inform you that you nave gone pe-
yond your duy-tha you have right whatever 10 40
So put It to you and TO your common sense whether
IL a man is charged with burglary, larceny or muruef
You are TO ask say that he is not guilty Is that
not supeIhuOus for any man or any nuhOer Vi
men to dot You are Judge whether these men nave
committed wrong, upon evidence which shah DC SUD
mtted to YOU DO you suppose that these men are goH
TO say, when they have for year and hali or TWO
years suffered tlis thing 10 exist in the city, Wllhn inc
knowledge Of half million Of peOpe-that they Will not
try to excuse themseves7 You not to try the fact
whether these men are guilty not guilty. You
are to say whether there is sufficient evidence in the
case TO Justify you in finding that there Is reasonable
cause to believe thcn guilty Of wrong so nndng IL Is
yUur duty TO leave to petit jury the IghJ ana power
to find whether case is made ont by the prosecution or
II simply call your attention to this fact gentlemen
because it is wonderful have not known OF such
case-thal is charged Win the oonmlSsioh
of a crime you, the Grand jury who should Keep ihis
matter TO yourselves, letting no one excepting
the DstTict-Atlorney know of It, should invite tese
gentlemen to every personal persuasion 10 induce
You perform your duy. beg YOU T. think OF his
The law pain-l hold 10 III INV hand lSDOWlng Ia"
book. You only 10 hear evidence III pehaiI oi to
prosecution. The law, from time nmemora,Ltne 3 Lng
sh law adopted by any and all law III tins caseis
that you have right TO invite these gentlemen 10 d
cnd themselves and cay Ihey are hTi & ny ans tSnt
the timen you are sAlsleu uley halc uuhe & nae
thing-anted these permts-tO answer a. to what tey
dOne ana whether they snail Dc respohsoie lOr INC
wrong they have committed
Tue Foremau-''I would state that the Distrct-At
torney Assistant Dstric al AttoIney tod us thht IN
certain case we Inigut eau Tue ueenHant ns d VII W
We yielded to strong pressure III thls matter De-
Recorder Hacket-" don't believe that any District
Attorney show law that permits TINS to be done
With the same sincerity that induced me TO bring TINS
matter before you, say what consider tho law
that yOu have right to invite any man WHO mas Oeeh
The Foreman" 1t was said to that cases had oc
Cured where prisoners confined IN the TOmbs were
called before the Grand Jury Assistant DlstrctAt0r-
ney Bell Was the gentleman who made the staiement
marks to make TO you. give you the law as under
stand it, aud YOU depend upon nv construction OF
it, and not upon that OF the District ctAttorney.'
Assistant Dstrict-A Atlorney Bell said in conversation
that he had advised the Grand Jurors that in pursu
them any one, Including prisoners III the Tomhs and
this he understood to be tne law, notwithstanding the
Observation-Disclosures Phelps said that he dd not under
stand tLc BOARD OF Health exactly accused. The
Recorder had directed investigations and i ala not
seem improper inquire of those VINO couid GlNe III
formation on the subject, whoever they were. The
Grand Jurors could, If they it, examine those sus
The following persons indicted for maintaining nut
sances IN this city, gave bail yesterdays owen otahi-
necKer and william O. Stahnecker by e1-Judst AeIy
Busbrod W. Gibbs, and Monroe Crane by George Moore
The bail in each case was 5000
A NUISANCE PROPRIETOR FOUND GUILTY
VERDICT IN TIE COE TRIAL BLFORE JUDGE GLIDER
SLEEVE.
The trial of EnOs l.. COe ended yesterday
with verdict Of guilty. John f. Fellows for tue de-
fendant and Assistant Dstrict-AttOrney Bell for the
people, summed up the Judge Gderseeve charged
the jury briefly. He fected the substance OF the IN
dicrment-that Mr.. Coe maintained fertilizer factory
in Kings County. by which the air was filled
with foul SMELLS which nuisance to the citizens
of New-York Il was almost conceded that nOxiouS
odors did permeate the air in parts OF the city during
the time mentioned yet It for the jurors to decide
Nusances were offences against tie public order and
,be economical regimen Of the community, caus-
ing annoyance aud suffering. Oneusre smells
were in themselves nuisance. Citizens had
| right TO a fresh and pure atmosphere. The
frat question: Judge Gildersleeye said, therefore
Did there prior to the LIST OF May exist nuisance OF the
! kind described IN NewYork II there DID. whence dd
n come That was the second question. II II came from
the defendants factory, or III partrOm Inc uechuaht
factory, then he was guilty. 1t wac no delehcg 10 hy
that other contributed 10 the nuisance pOI-
| tiOu came from hIs factory, ihdl was sulhcleht'i
| Judge Gllderseeve concluded as follows: nave
cndravored instruct you t. the law applicable 70
This case given yOu the best possible assistance AT
the command the Court to enable You 10 brng ms
cause 10 a result which shall reflect credit public JUS
flee IL individuals persist in generating nGA0uS ana
offensive smells tnat mpregnate the air wch the To-
babtants Of this great CiIy are obliged to breathe,
| the only remedy Is IN the verdict OF q
| iury With YOU rests ordinary responsibility. L
mink need not caution you not 10 permit the charac
ter of the offence charged ofpuhc clanor to supply any
defect OF evidence You must view the case with Ae IN
ellectual eye through the medium oi The passions
or feelings The evidence you have listened To III this
courtroom must control your verdict MeJe OUT impair
a Justice both to the individual VINO ls ON tildI ana 70
the society which members and the people 10
whom YOU responsible"
The fury out about fifteen minutes, ana returned
with verdict of guilty. Mr.. Fellows moved Tor an au
ournment O sentence the ground that this bong the
rsi case under new statute time should be given fOl
preparation OF case tor appeal. Judge GhderseeNt
innated that IL might be necessary glye unusua
form Uf sentence covering both the abatement OF th'
nu.auce and punishment OF the offender ana thefe
fore adjourned the sentence 10 this morning.