New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-07-18
MORE TROUBLE FOR MR.. OBYRNE.

a COMPLAINT CONCERNING HIS ACTION ON THE
RAILWAY TRACKS IN wATER-sT.
Auotber complaint concerning Assistant District
Attorney 0Byrnes action ION Vas " co maGs Mar
qua st No. 241 Water-st.. was the principal mover
In procuring the indictment OF the Bleecker Street
and Fulton Ferry Railroad n. i cartracks in
Water-st. The indictments was found on June ~;
The company, Appearing by counsel, p'e ca Se
A 9som suntg "aa in support Of the
nosption that the ira ks were not nuisance. On
Friday the last court Gay OF the tine con dismissina
the indictment against the railroad company, ana
made the following Endorsement on the Indictment:
there have been fourteen Sa1s seee
Mr. Coolidge who instituted Ihe anu one ne
tor whether the railroad company has not lest their
right to the streets Will have 70 pc T saya
IN another form Under these circumstances ask leave
AZ the Ouurt to dismiss the Indictment
The indictment was accordingly dismissed. MI.
Coolidge SAID yesterday have never gwen my
consent that the INDICTMENT shou "a Dc alsmssen as
tfhe Endorsement might be taken to IMPLY tooK tne
lead in the proceedings that led to obtaining the
,1ndictment The tracks in Waier-st. had not peen
used for four years; ahey n;s were TO truck
drivers aud all who had occasion to use the ssres..
They were even dangerous AS sumo OF the rails WEIR
broken and they would spring up ater-st; tne
natural outlet for trucks from the business houses
TO the piers Frout-s has tracks on IL ana tnere Is
q hill on Pcarl-st took petition around ana !.
part Of Watsr-st. The Bsrstow Stove Company.
Richardson BoyntoD e. Co.. the Corts ana otner
large houses signed the complaint. Merchants NOT
the street. but whose no ui sSs sansrs
Schultz, South wick a. Co., Raynolds and Devoe tne
Dsint dealers Beeder, Adamson d CO., ana othef
large business nrms. tried to have JACOB sharp,
the president OF the Bleecker Street Rosd atsna 70
the matter, but he paid 20 attenuon 10 NY le.sei;
4 then took witnesses before the Grand jury anu
they ordered an indictment OF once; Inc same
nshr tlat the Indictment Was ordered anu. poiore
IL was fled the Bleeck er street Company heaio
through the District Attorneys office, or IT, m some
Otaur source, that the indictmen; was ioana ana
tbs tracks were leased temporarily 10 tne oecone
Avenue Road and cars began running tne he1
morning. But IL is still nuisance. hau tne
number of passengers in the cars counted ono Gay.
The SIXTY or seventy cars only carried an average
of three and one-half persons to car MANY OIL tis
cara contained only the conductor ano orivSi. M
the limo is not now public convenionce ana IL VIII
Ia found impossible to the cars after September
rs there will be many trucks se7nding IN ne
way that ears may be detained for hours M.
OIyrne spoke TO me on Friday ABOUT Tue h Sad
acted with me. We met and all agreed that the
naisance had not been abated. wrote letter 70
Mr. O,Byrne on Saturday urging that the incict-
ment should NOT be dismissed. VIII pursue 'ho
matter further
MIR OByrne seemed troubled when he receives
Mr. Coslldge's letter and spoke OF trying 10 UNDO
hs work but the action Of the cour, nad Deen re-
<ortIed subsequently he defended his action py
ssying that Mr. Mekeon had agreed that the IN,
d,ctmenI might be dismissed If the nuisance had
been abated Mr. OByrne also thought that civil
court was the place to decide the legal questions In
No new Indictment can be found in the case
upder section 673 of the Criminal Code whlch
says: =,
An order for the dismissal of the action as provided 10
xhfa ella oter Is a another prosecution Tor Tue
essence n In he msdemeanor but IL Is not bar the
offence charged pc a ieiony'