The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-25
D0BBs FrRRrs NUISANCE WAR.
ProE Draper ContradIcts Cyrus w. Field In
DescribIng the Oden Ice Pond.


Describina the Oden Ice Pond.
Tho bitter contest over six acres OF land
sometimes covered with watcr and known as
tho Odell ice pond. at Dobb's Forty. was con-
tinued before Judge Dykman. in White Plains.
yesterday. The object sought by Mr.. Cyrus W.
Field. his nephew. his son-in-law. and others
who have summer residences near the pond. is
perpetually to cnioin Mr. Moses r. Odell from
flooding the land. by making dam across Will
sea brook. which flows through tho land 1t is
alleged that after tho water IL drawn of poison
Gus Civilizations arise from tho damp earth and
breed the msariul Diseases that MIR Fields fam
lily and the families OF his relatives have had in
the past thrcc years
The plaintiff is Mr.. Frederick J. Stone neph-
ow Of Mr.. Fold. His summer mansion s on a
high blur. at tho foot Of which IL the pond.
The land is n part OF the COrtlandt Palmer
estate and ia leased by Moses r. Odcll one of
the trustees OF the village Of Dobb's Forty. Mr..
Fields summer house il near Mr. stones. but
it il in the corporate limits OF the village OF
Irvngton. Mr.. Stone rested his case week
ago yesterday. His witnesses were Mr.. Field.
Cot Waring. civil engineer. and several physi-
clans.
Judge Dykman, weary after his labors on
Staten Island settled himself IA comfortably as
possible in his chair with an air Of res ignation.
Mr.. Stone tipped back in chair between his
Odcll took n seat behind his two young lawyers.
Tho only other persons in thc, large court room
were Prof. Henry Drarer. NJ. D.. Dr. stephen
Smith OF the National Board Of Health. and
three other witnesses for MIR. Odcll. and Gen.
Nicle and another witness for Mr. Stone, On a
long tabc were maps. papers. and pamphlets.
Prof Henry Diapers wife is n daughter OF
tho late Cortlnndt Palmer. who died about
y"ars ago. leaving property worth s3.O0000O.
and the Professor lives in the summer months
IN IN ne lHrgs summer house oni, hy Mr.. Paine,
! the guardians NJ Richard Suydam Palmer and
| John Arnntt Palmer grandsons of Cortlandt
LETT to them o. 10y their Grandfather. Mrs. Fanny
! \. T. Hnvenst their mother, is now their guar
! dian. Prot Drapcr testified that he had known
! the farm where the pond is fourteen or fifteen
years lts present condition he said. COM
! pares very favorahy with its condition before
| The dam across Wilssa brook was made. When
| the winter Is let OF the butlom of the pond is n
| berries. except a small area which Is naturally
! swnmpy and almost impossible to drain. Tho
| bottom Of the brook is grayelly. and tho bottom
| OF tho pond il not Of clay. Tho general charac-
ter Of the land is grNvcly. The land has been
usually flooded in December. and the water let
/ OIL in AuiL Tho land has always been liable
! 20 b" flooded by natural causes especially when
! freshets have swollen the brook. In former
! years 1t was II favorite skating pond. Tho pond
| bottom is in better condition since Mr.. Odcll
has been on the farm. and tho outlet is doeper
I The pond on Mr. Stymus's land. ncnr the dam,
| bitches 10 be closed"
Has there ever been any pudding Of that
| land. rs the plaintiffs Witnesses have said2'
Mt. Olell's lawyer asked.
No. sir. There never has been a puddled
The testimony was in direct contradiction Of
| the testimony OF some Of Mr.. stones witnesses
/ Then the testimony in regard 10 d"cayed veg
| etablc and animal matter brought down hy the
! brook ant deposited upon the land was referred
/ 10. and Prof Draper said never saw any
| decaycd vegetable matter on the land: only the
| stems ~ grass OF the preceding year We're
! there. Tho matter is the Same as that ia any
| other meadow l never noticed any offensive
| eXhalHti1ns from the land. and have never
found any indications OF slit ,..,-,-,
| Mr.. stones house
"Thcrc ara more than twenty-five"
and experience what Inns been the condition OF
health near the Ole pond in the last three
years. rs compared with that in the last five
There has been no material change and
don't believe that tho damming OF the water
| has had any matcrn effect"
The Professor des tribed tho effect OF drink
ing staennnt nnd the natural process Of th NE
| the ponds near Mr.. Stones house are perma-
pent. and that such ponds with mud banks. are
Is there pond near Mr.. stones house ?"
was asked. o-o
Draper replied.
That's a Ne" Mr.. Stone said in an under
tone To- one OF his lawyers bu, loud enough to be
heard half way across the court room.
Your Honor. / protest aEaipstthese remarks
| OF tho plaintiff tho examining lawyer SAID.
This witness Is not to be nsuted."
Prof Draper wheeled his chair around. and
ton against insult. Tie grny-hared lawyers
whispered caution in Mr. stones ear. and he
|
The INSTRUMENTATION elected nothing new.
except that Mr.. Odeil's lease expired long ago
and that he Is ten1nt from year 70 year. and
that when tha froir-7or tried 70 make an exam
ination OF Mr.. Cyrus W. Fields premises no
was driven on, IL regard 70 his APPOINTMENT
as Il member Of the Board Of Health OF Dobb's
Ferry III" professor said he did not gctit in
order 10 protect tho Otell pond.
| Prof. Draper and Mr.. Odeil. and those inter-
estcd IN their cause. are overloyed ut the dis
c0y"ry that has heon nadc in relation t. bill
3l3 introduced in the SENATE 10y senator Rob
ertSNn. mariner OF one OF Mr.. Stones LAWYERS
in THE sun Yesterday Prof Drnp.r said that
The drfnndants i'm IN" ice.tond cnse were de.
nict a Jury trial. and have appealed: that tho
plalniin Is trying 10 prevent u Jury trial, ana
that the bill. though apparently innocent in
| person, Virtually repeats 20 much OF section 96S
Of the Code ns is necessary to carry out the in
tent 10 escape u Jury trial. The bill reads
To define the mode trial action abatc and
JON nuisance in which no money damage is sought to
e fsG Ps d. qs: of &c, Il al asop; !" o sss SG
Of an Injunction against the making. pantenance con
iinuance or removal Of the same and IN which no
discretion OF the Court be tried bl the Court without
sac. .. This act shall take eject Immediately.
:" The Pin. . Prof. Draper said. " Is an example
Of how far the hght extends. But OF course
there is a cause for all these proceedings;
There would not have been any trouble II had
sold TO Cyrus W. Field the Palmer land for
$4,000 that he offered when IL was worth
$50 900. 1t would have been good speculation
f0r him II the Trustees Of DObb's Ferry had de-
cided 10 build a reservoir where the Odell pond
Tho controversy over the alleged nuisance is
being carried on constantly in Dobb's Ferry
and Iryington, and pamphlets entitled " Sun
nysidf Brook and shelden Brook" Iryngt ,u
stroy a Village. Iryington Sanitary Survey, >,
The River. Front Hamilton Pond" and
The odell leo Pond have been distributed.
The alleged nuisance is referred to and ex-
patiated upon. and the opinion OF some resi-
dents is that the suit before Judge Dykman is
the most important one ever tried in the county.
MIR. NICHOLS MAKING 4 BIGHE