The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-19
THE BUDDENSICK CASE.

BUILDER CHARGED WITH VIOLATING TEE
SANITARY CODE HELD FOR TRIAL.
The examination In the case OF Charles A Budden.
sick, builder, accused OF violation OF the Sanitary
code In causing houses 10 be erected at Nos. 100
and lQ2 East Fiiiy-secona street, with de-
fectvs plumbing, thereby endapgerng tho lives
Of the inmates OF those houses, came up
before Judge Otterbourg at tho Fity-seventh
Street Police Court yesterday afternoon at past
three O'Clock There were many witnesses examined
botn sides, and the result that Mr. Buddensick
held in 5000 bail to answer at General Sessions.
Mr. John A. Frume, OF East Seventeen street, becom.
ing his bondsman. Colonel Hastings appeared Tor me
Board Of Health and sx-Judge Joachimsen Tor the de-
iendant
Tho proceedings were opened by Colonel Hastings
Offering a certified copy OF tho Sanitary code This
evidence counsel for the defence asked should be
Guided on the ground that the cert hcae failed
when the code was adopted by the Health Board.
Judge Oterbourg SAID that for the purposes OF tho
Investigation before aim this informally could not DO
looked upon "a an essential objection There was a
somewhat lengthy argument between counsel IN re.
gard TO the matter but the Judge held drm and the
hrst witness Tor the prosecution was called.
The TESTIMONY.
Inomas J. Neals SAID that ne had been sanitary
inspector OF the Board OF Health Tor five years; ho
had served appreni iceship machinis aud had
been specially employed by the Board To examine
plumbing work IN hovses; he had exam ned the nj mb
ing work III several thousand houses IN Now York
and was perfectly familiar with the subject
received al the Office OF the Board OF Heaith IN
relation to the houses mentioned, the Atm OF ia uu
| AIRY. and accordingly he went TO Nos 100 ana lO2
East Flfty-second street and made thorough exam
nation OF tho premises; after nrst entering the prcm
ses he discovered decidedly ioul smell, the result as
| examination; the Plumbing work throus hout the
two houses was entirely detective; the joint
.Is ana 30. wSre %
tlaled Mt all the traps In the water closet and In tho
| In TACT the whole plumbing work In the house was
done In the most loose and careless manner.
in TACT" said Colonel Has.,ns, III was what Is
known us Buddensck piumOingY"
THIS question was ruled out by tho Judge, but tho
witness managed to say. ~ suppose SOL Witness
then testified that he PAID i've visits to the houses in
East Fifty second street, between the 4th and 23d OF
January, and that he met Mr. Buddeps,ck GU the 23d
| ana asked him II he butt The houses mentioned Mr.
Buadensick acknowledge that he was the builder.
ION The sth Of January Mr. Nsalis went through
| eight houses the same block"
| "D,d any one die In tho houses mentioned between
| the 9Th and 10Th oil January, lS7sy" asked Colonel
hastings
"Did Mr. Buddensich receive notice regard 10
the condition OF these houses ?"
ayes, he received notice shortly after the com plant
made the 4th OF January, hut, though called
there on the leth aud Esd OF January, iound that
tho orders he had rscsived from tho Board had not
been complied with"
| DANGEROUS opoRs
Dr. Jaynes was the next witness called. He testl-
fed that he was connected with the Health Board ;
that he went TO the houses Noa loo and l02 East
Fifty -second street. On The 10th OF January, and
found decided oaor OF sewer gas no also loud two
women sick the house. AMI he considered thai no
quito familiar with sanitary regulations
| a continued residence IN houses OF the Kind men,
toned would subject people TO sickness OF typnod
| character.
DR.. Roger s. Tracy had been sanitary Inspector Tor
| years, and he had visited houses Nos loo and iua
East Fiy-sccond street. he found the plumbing very
detective. and thought that the prevalence OF
gas In the house was most Injurious to The health OIL
| the inmates.
George Hackett, Of tho Department OF Public
| Works, was brought forward 10 prove that bat one
permit had been obtained for sewer connections ioI
four houses.
Charles Baxter. architect, OF No. 1913 East 10th
street, called Tor tie defence. He SAID thai hs
had been thirty years IN the business aud had super
| intended the erection OF 1000 houses, and tina,
the plumbing work in the houses or Mr.. BUD.
densich, Ia East Fhy-secoud street. WIS first Class
that the architect and had had been we'd
architect by Mr. Buddensich Tor eighty ninety
houses; no wis not u plumber, but bad practical
that The plumbing work done In Mr. Buddensich's
houses good = hat done Ia any houses oi
! the same class IN the city.
number OF other witnesses were exami ued for the
defence-Mr Lamarche, tho man who did the pumb-
Ing work James Donahue, who made the con-
neclons, and two laborers assisted In tho work.
After all tho testimony was IN ex.Judge Joachimsen
made q motion to dismiss the complaint ON the
ground that the prosecution had failed to prove their
case.
Colonel Hastings merely answered Judge, you
have heard the evidence. have nothing more &c
say
Judge Ottcrbourg-l could not take tho respous
biity OF disnissing case OF TINS kind There Is sum
cient evidence before to show that thcrc prvbl.
bic cause to suspect that the defendant has been
guilty of msdemcanor. II Is matter so important
10 the pubic ~ large and that concerns the health
OF so many thousands Of our popuiation that think
Mr. Buddcnsch's case should be tried before Jury.
He Is held therefore, IN $500 bail - answer.
Mr.. BudJensch, through his counsel, elected to b,
tried at General Sessions.