New-York tribune., 1879-05-26
THE ICE POND AT DOBBS FERRY.

THE ICE POND AT DOBBS FERRY.
CONTINUANCE or THE SUIT TO PREVENT ITS
FoRMArIoN-DR. HENRY DEAPERs TEsIl-
MoNY.
The case of Frederick J. Stone, nephew OF
Cvrus W. Field, against Moses I. Odeli, a farmer aU
Dobbs' Ferry, was resumed before Judge DyKlnan'
at White Plains. on Saturday. This action was
begun April 26 and was brought to restrain the oe-
fendont. n tenant OF the Cortlandt Palmer estate
from damming the Wiltsea Brook In the winter
season. thereby forming a pond from which 10
gather ice. Mr.. Field and number of experts and
residents have been examined in the course OF the
tral in regard TO the unhealthful effects resulting
from the dammng Of the water The plaintih nav
ing rested the case week ago, the defence was
opened on Saturday before Judge DyKhah
Professor Henry DrapeTs testimony was taken ID
order that he might sail for Europe on Wednesday
As q Guardian of certain of the grandchildren OF
Cortlandt Palmer he said he had examined the
ground thoroughly where the Winter pond exists
and IT contained no evidence of anything likely 10
breed malaria poisons. The earth is gravelly ana
for several months in the year Is oYergrown VIII
timothy and clover and several varieties OF Wll9
pl9nts A little less than an acre rs swampy. ana
fhis he claimed, is the result Of numerous springs
Long before the pond existed" Dr; Draper con-
tinued the meadow was occasionally HO0ueu DS
heavy Summer showers. ana III NlnleI, 'Itci ulo
Fall rains portions OF IT were under wafer WHICH,
when frozen over formed "a favOrte skatlng-place.'
DR. Draper claimed that there had been no increase
in maarlal diseases in that negnb0rh0Od since the
nond had first been formed. There was IN the
Vicinity between twenty-five and hlty dlHeTehI
ponds The one nearest that I'D contrFeTsy was Oh
nature to arrest deposits flowing with the current
of the brook from above. Dr. Draper asseIteu llaU
one of these ponds was not more than %oO leet OHl
Mr.. Stones house. n r,i.l
the remark That's hep Although 1t was spoken
i'm a low tone, Dir. Draper heard 1t ana requested
the Court to protect hlm from Insult Ed"aIu
Wells, senior counsel for the plantlIi, cA-
plained that the remark was made 10 h!bl'
fhe remainder of DR.. Drapers testimony was
10 show that the causes of malarial ailments eX-
listed in the vicinity of Mr.. Fields house, which dId
nor in any way arise from the Odcll pond. lie SAID
tbot the water used in Mr.. Fields house was forced
frOm pond of staguant waters short distance away.
Mr. Field he SAID. has also spread Ine uIedgiSs OF
these ponds his grounds 10 cnllch the SOIL ana
tins Of itself was sufficient TO produce the effects
complained Of Another statement OF III. Draper
was that he had on his premises at D0pDs teriy an
observatory by means of which he had determned
The tendsnces of the winds blowing over the Odell
bond. The prevailing winds, according to his OOser-
VatlOnS, were III an opposite direction llOln MI
Stones house. which lie claimed was additional
evidence that the malaral effects complained Of did
not proceed from the Odeli meadows. In the Cross
examination DR.. Draper was questioned III regard
TO any efforts which he had pat lOrth 10 secure ms
appointment as a member OF the Board OF Health OF
lrYingtOn. He replied that his appointment was
surprise TO him.. ~
passed the Senate, defining the mode Of trial OF an
action TO abate and eDjon a nuisance, Professor
draper sad that he thought Mr.. Field by this step
lad gone "A little too far Mr.. Field knew, he said
that If the case should come before jury he would
not stand the shadow OF a chance OF success. lie
claimed that Mr. Field had sought to get possession
of the piece of land covered by the pond, iOr tn5
purpose of making a reservoir on 1t. The plaintiff
Is represented in the present suit by Ode Close and
Edward Wells. w. Z. Prentice counsel TO the
Health Board of this city, and NJ ). heogh ap,,
pear tor the defence. The hearing will be continued
June ~.