The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-01
BROUGHT TO BAY.
The Board Of Health and Fifteen
Aldermen Indicted.
CHARGES AGAINST THEM.
Entertainments, Distractions and c0ntemptu.
Gus Neglect Of Duty.


The Grand Jury for the May term brought its ses-
sion to close yesterday with tho lring Of bomb
shell in the shape OF Indictments against the Board
Health ana 1ftecn members OF tho Board oil Ador-
But AS tho explosion generally anticipated,
IL having already been stated in the HERALD that the
indictments had been ordered, there was little or
excitement in tho vicinity OF tho Court OF Gen.
eraI Sessions. Tho action OF the Grand Jury
oreGone conclusion. and no surprss
was manifested when It became known that
bills had been found against the alleged delin-
quents Tho court room was thinly attended, all tho
business before tho Grand jury having been disposed
OF and The presence OF that body only awaited
that an adjournment might be had until Monday.
During tho morning Aldermen waehner aud Morris,
not indicted, called at tho District
Attorneys once, but left when informed that
the Grand Jury had not yc appeared IN court There
also present IN the vicinity Of the court Health
Commissioners Chandler and Janeway aHd Colonel
Prentice, counsel TO tho Board. shortly after one
O'Clock Recorder Hackett descended from his cham
bers his the bcnch amid breatnicss
silence. few inmates later District Attorney Phelps
Assistant District Attorneys Rollins, Bed and Lyon
took ihcir seats and then filed In the Grand jury,
headed by Foreman Amidon. After answering TO
their names the foreman handed IN bitch OF indct-
menis. Including The bids ordered some days ago
against The Aldermen Health Com IN ID oners. IA
prev iousy stated The delay IN actually presenting
these inc Elements To tbs Court owing the Tact
that being somewhat Intricate, they requiref no lit.
Ito care and skull in the drawing There was a buza
Of excitement tho documcn handed up TO the
Bench.
RECORDERS REMARKS
Recorder Hackctt aroc and addressed the Grara
Jury, who evidently felt highly compmcntcd
His Honor said.-"Mr. Foreman aud gentlemen OF
The Grand Jury, have never been called upon
willingly to express my satisfaction tho manner In
winch your duties have been discharged The duty
intruslrd TO Grand Jurors has, indeed,
been performed most zealousiy aud earnestly, foi
you have considered carefully no, only those por
tant matters which specially committed TO youi
charge. but You have also transacted with
care ali the business placed Ia your hands
by the District Attorney I have doubt
whatever that your action viii meet with the
thanks ana appreciation oil the community whose in.
terests you nave 50 lalthiuy guarded, or the hdely
and courage with winch you have performed the task
allotted To you. Gentlemen, you are now discharged
Courtn
Inc members OF the Grand Jury then bon ed their
acKno wiedl ments and departed. Recorder II lck,tt
subsequently made an order transferring the indlct.
ments the Aldermen to the Court oil oyer aud
Termner, which meets on Tuesday. aud the Court OF
General Sessions was adjourned Tor the term.
CHARGES AGAINST THE ALDERMEN
There are indictments against the Board OF
Aldermen one Tor misiem eanor aud tho other Tor
ma Dtalning nuisance. copy OF the latter roads
substantially us foilows:--
"Ihe jurors OF the people OF the Stale OF New
York IN and Tor the body Of the city and county OF
New YORK upon Their oatns present THAT for long
time before and until tho time OF the ncroachment
oDstruclion ana nuisance mentbned hereafter there
was ana of right ought never since TO been
a certain common ami public highway ana
street ,a ~ ans cry =, Sw S'k x"o W.
people oil SAID city state 20, return, pass and
rep.ss thereon q. their iree VIII and pleasure; aud
Lord 1878 NJ the said city ana county certain
structure was existing upon tho public highway.
whereby II was 80 straitcnea, 0ncrolchod upon and
obsructcd that the people OF the state could not on
and through the same 20, return, pass ana repass ~
i hay nuI hpal xa1 md cen SLIM. If In
"And The jurors aforesaid on thor oath do further
present. that John Butler, william r. Roberts, William
Foster, joan W. Gunizer, George Hall, John w.
Jacobus, Patrick Keenan,, Terence Herman, Henry
shells and William saucr each aud all late o. SAID
city OF Now YORK, permitted the said structure and
the said common aud public highway anu street;
on tho gard 7th DAY OF May, and al divers days
and times oetwee. that day ana tue time OF The TAX
ing oil this inquisition uulawiuily aud injuriously
keep. maintsiu and continue II, whereby the SAID
common and public highway aud street during all the
last mentioned days and times we're SO straitencd,
encroached upon ana obstructed That tho people OF
cred and obsructcd IN gong returning, passing and
ropassing they had besn wont do, aud ought OF
risnt have been suffered 70 do m through aud along
said common anu pubic highway and street, assaiore-
said, to the great damage aud common nuisance OF all
the people OF the State Of New York. to Tho evil ex
ample oil ali others IN like ana against
tho peace Of the people OF tho State OF New York aud
their dignity"
suoT NUMBER rwo
The other indictment against tho Board OF Alder
men Is Tor m,sdsmcanor, and 10 drawn against Will
lam L. Roncrts, Bernard Btgiiu, Robert Foster,
George Hall, Patrick Keenan,. Henry O. Pcricy, bryan
Reilly, William Bennett, Thomas Carroll John W.
Gunner, John W. Jacobus Terence Herman, Lewis.
Philips William sauer ana Thomas shells. a. recics
| that on the l6tn Of April last, by resolution the
keep a newspaper stand on the southwest
corner OF New Church ana Cortiandt strects T.
that such resolution was certGsd and presented 10
The Mayor who dsapp roved l aud returned Il TO tho
Board with his objections; that then, by the vote Of
tue foregoing fifteen Aidermea, II was passed over
4 aho Vetu nm IN
adoption oil said resolution, they did "kDowingIy,
wiiuily, unIawiuily and coniemptuousiy violate tns
provsivps the seventeenth section Of the second
article OF the act Of the Log,s aturc OF State
/ OF New York, ent,tIed An act 10 rsorganize the
local government OF the city OF New York;
passed April 30 1879" Tho second count charges
that tho authorization TO erect this structure not
then and there being In the temporary occupation OF
tue street aay part thereof during erection
aud repair OF any building any lot beside
Is IN violation aud evasion 0. the provisions oil The
The BOARD or nKALrm
Tho indct mont against the Health Conn ners,
which Is for m,sdemcanor, Is by no means 80 voc
| luminous document as that which sets forth tho
briefly tia, on the LIST Of January OF this Year, in
Forty fourth street, IN this city, near tho dwelling
| uniawiuy anu injurIously Keep aud MAINTAIN GER
| tam building for tho purpose Vt manufacturing
therein nanurcs aud fertilizers. by reason OF which
| .divcrs Eosome aud unwhoicsome smokes, stcams,
| vapors ana stencbcs were emitted and issued from
Tho said building SO that tho air was greatly filed
and imprcgnaed, aud was corrupted and offensive, 10
| the great damage and common nuisance OF all good
citlzenr," ana that Charles y. Chandler. Edward q.
Janawsy, g. Oakley VaGderpoci, Health Oilccr OF tho
Port ani William y. smith, President tho Board Of
Police az tho time mentioned constituted the Board
Of Health, un1 being empowered and cnjoiucd TO
apalc and suppress ali instances whatsoever existing
IN tho city OF New YORK dcetcrlous dangerous TO
| the lie and health OF its citizens, permitted tho
\ nuisance to exit, well knowing II was their duty
| TO suppress H. The Indictment further sets iortn
| that tho said Charles y. Chandler, Edward g. Jane
| way, 8. Oakley vanderpoei ant William Y. Smith,
constituting such Board OF Health, thc duty OF their
office IN that behau In nowiso regarding. unis wiuly.
wIiiuiv and conternptuousiy did neglect and refuse,
and have since neglected refused, 10 That
which OF right belonged and stiil beloLgs thom TO
doto VIII did neglect aud refuse, and stili ncaicc
| aud refuse la any wiso apatc and suppress
tho nuisance Aforesaid" &c, thus endangering tns
health Of the citizens OF New YorkI thc Indictment
winding up with the allegation that these nuisanccs
permitted TO the great hindranco
Of justice and against the peace ano dignity OF the
YooIs. - ~ ..s.. ~. n ..i,b