New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-07-18
BAD doors FROM NEwTowN CREEK.


EDWARD CLARK PROMISES THAT HIS FERTILIZER
FACTORIES SHALL NO LONGER BE NUISANCE
Edward Clark, with several others, was in
dieted in May for maintaining fertizing factory on
NewtoYn Creek which a nuisance TO New-YOrk
He was allowed TO 60 unsenteneed an understanding
that the nuisance should 1t reported TO the
DstrictAttOrney's Office that he had reOpened his fac
tory that the nuisance as bad as ever and on
Monday last he was arrested the old conviction and
put under bail to appear yesterday. He appeared and
the Court Of General Sessions which had other Inn
portant business was not actually opened until twenty
Eve minutes past noon, while discussion took place
between the Assistant DisrietAttOrneys and the ac-
cused ard his friends 1t was stated that the YER
bal excuse Of Clark that he had begun in good faith
10 his factory to Barren Island but there were
some remnants Of refuse that would hardly pay for
transportation, and he took advantage Of what he
thought favorable circumstances TO use them up His
written statement and promise is as follows:
On the 2sh day OF May pleaded guilty to maintain
Creek IL was with the understanding that the nuisance
should be abated at once and that meanwhile sentence
be postponed unti such time as should do act in
dicatng that was lacking in GOOD faith and was con
tnuing 20 maintain the nuisance You now arragn me
for sentence upon the ground that have been unaith
full 70 an promise. alleged 70 have been made by
me at the time sentence was postponed that Woul1
at once aud utterly discontinue the use OF
Eudge acid In my manufacture, and that would IN no
manner carry my business so as TO make II offensive
20 the community. My own understanding OF that
promise was that should maintaining nuisance,
bat did not understand that pledged myself 10 alb
stain entirely from the Of sludge acid. have ac-
eOdngy used that substance 10 some extent IN manu-
featuring since pleaded guilty In view OF these facts
respectfully beg leniens treatment from the Court
As the ayOwed object Of the recent prosecutions mas
been the abatement OF the nusances than Tor
the punishment OF any person engaged In maintaining
them, desire 70 declare for your information Wha 10y
purpose IL relation the further prosecution OF my
business at NewtOwu Creek
promise that after this day Will utterly manu-
featuring manure fertilizers there whether with or
without sudge acid; that will do more mixing OF
materials ia or about either Of my factories there stu-
ate that will hereafter receive no sludge or suphurc
acid about NewtOwn Creek that VIII as speedily
possible whatever material IL on hand at
either my NewtOwn Creek factories 10 Barren Island
that will &C all times afford 20 the officers and agents OF
the Health Department free access 10 the factories at
NewtOwn Creek and that IL lease or otherwise part
with any control tic said factories either Of them
will only do subject TO the condition that no nui-
shall be therein maintained and no manufacturing
OF fertilizers shall therein carried IL Is my pur-
pose immediately 70 retire from business at hewtown
Creek, and shall expect TO receive whatever punish
ment the Court may 1t TO impose upon me, on my
recent plea guilty whenever fail 70 comply with the
promise above made In any particular.
After delay Assistant Distrct-Attorney Rollins
submitted TO Judge Gdersleeye brief statement Of the
facts Of the case aud OF the letter Of Mr. Clark and asked
only such course should be taken would secure
the abatement of the nuisance Judge Gdersieeve said
that he understood the purpose OF these suits to be
rather 10 stop the nuances than TO punish the manuac-
furers be would not sentence therefore, at THIS time,
but would require Clark 20 give bail In 600 70 appear
~ the August term II required 10 do 90, and then ne
had not complied with bis promise he would nhict the
syerest sentence allowed by law. Mr. Clark gave bail
2. once Sheriff DaRgett, Of Kings County, becoming