The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-18
THE WAR OYER A POND.
Dobb's Ferry's Case and Cyrus w. Fields PIG
and Goat Ordinance In lexington.


The fight over the six acres OF land COW
cred by water at certain times OF the year. and
known as the Odell ice ponds in Dobb Ferry. on
the Hudson. was continued before Judge Dyk-
man, In White Plains yesterday. II ia alleged
that after tho water has been drawn of the soil
is damp and swampy. from which arises ma
larial poison. which has caused sickness
in tho families Of Cyrus W. Field. Frederick
j. Stone. Mr.. FIELDS nephew. and d. A. Lind
ley. Mr. Fields son-in-law. who have country
residences near the pond. The land is part OF
the property left by Cortlandt Palmer to his
grandsons Richard Suydam Palmer and John
Arnott Palmer and 1t is leased by Moses j.
Odell. one OF the trustees Of the village OF
Dobb's Ferry Mr.. Field and those living near
his house seek to get perpetual Injunction
enjoining MIR. Odell from making a dam in
Wisea Brook. which flows through the land.
and flooding the land. Mr. Stone is plaintiff
and attorney in person in the proceedings.
Mr.. Field missed attending the proceed
ings for the first time yesterday. and
Mr.. Stone and two Of his five lawyers
conducted the case Mr. Odell and DIR. Draper
watch ed the proceedings. With Mr. stones COM
plant were the aflldavits OF nine physicians and
three civil engineers who examined the alleged
nuisance and declared that 1t WAS the only
ascertainahle cause OF the sickness In the neigh
borhood. 1t was expected that nearly all would
he called as witnesses. but Judge Dykman de-.
cided that il was not necessary. and only two OF
the physicians were called Yesterday.
DR. John Foster jenkins OF Yonkers was the
first witness. The substance OF his testimony
discusses i'm the neigh6orhood OF Mr. Fields
house was the Odcll pond. DIR. Joseph Has
brouck Of Dobb's Ferry, described the sickness
in the family Of Mr.: II. Il. Tycrs who lives near
the pond. and attributed tho cause Of the pre-
vaiing malarial diseases to the pond and
swampy land. calling II a malarial mill. John
on the Palmer land in 1852. making it dry and
healthy. Now the drains are closed,
Mr.. stones lawyers wished 70 call more Wit
nesses. but Judge Dykman decided that they
| had made out prima facie case. Mr.. Odell's
lawyer made a motion TO dismiss the complaint,
on the ground that no injury was proved. and
/ tho Palmer boys. The motion WINS denied. and
the case was adjourned TO saturday next
| Mr.. Field. besides attending To the affairs OF
the New York Elevated Railroad Company and
watchin the proceedings against Mr. Odell Is
also Interested in trying TO abate another
alleged nuisance. His country house is in the
| corporate limits OF lryington, near the boun-
Diary line dividing that village iron, noon's
| Of lrvington. and his name appears on notices
| pasted in the groceries and on tue fences aud
| barn doors in the village. directing attention to
| an ordinance passed by the Board This ordi-
| nance has caused considerable talk in the viii
lage. The ordinance Is in relation 70 few pigs
ana few goats owned by persons living in the
Soon after Mr. Field. A. c. Richards. n wealth,
| merchant OF New 1Ork. ana T.. =. hrfEOry. a re-
| tired merchant. were appointed members OF tn,
Board OF Health a meeting was held. Tn,
sanitary condition OF the village WIS the subjec
| Of considerable dignifed discussion. and amonl
| the alleged nuisances spoken OF WAS the ex
istence OF certain mig sites and goat pens. ant
tho offensive odors that have been caused by
them. few days aiterward printed notices
directed the ownersioi pig sites and cessp ooli
70 have them emptied 10y the LIST o
was partly dropped but about the lst OF Marcl
another notice appeared. 1t said that II hat
been resolved that no pigs or goats were TO b,
allowed in the corporate limits. and that Healtl
measures for tho immediate removal OF pig
and goats, II was signed: BY order OF Cyru
w. Field. President OF the Board Of Health.
Health Officer Fulton notified four owners o
pigs that the nuisance created by them must b.
Abated: but MS there are only a few goats in thu
village, nothing was done IN relation TO them.
Mr.. Field is described by some OF the villager
as a hard man to fight. But the owners OF pig
have not removed them from the village. an,
| no action has been taken by the Board o
| Health. The excuse given is that Mr.. Field AM
his associates are only holding oyer until thei
successors arr app9lnted: Mr.; MAKER: Presl
sickness. TO appoint new Board since the re
cent village election. II Mr.. Field is reap
viii be. the four or five pigs will be removed"
The sanitary eSndsioP 81 ,ns 81 ssssb 6s
among whom are A. II. Barney OF the New lorl
Elevated Railroad Company. II. II. Bishop o
street grain merchant. j. c. Fargo. the express
agent W. Il. Fogg. prosperous tea mer rhan'
John ID. Mairs. commission merchant, Z, i
brother OF Cyrus W. Field. They with others
have subscribed money and employed Co
Waring to make surveys and prepare estimate
$40 900 is to be expended II II can be appropri
ated Some OF the taxpayers say that they can
not bear the load. and that the New York busi
ness men intend TO make the village pay for i'm
proving their country seats.