New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-15

placed himself under the care Of Captain Klea and
Fucrton started out and told Buddsnsisk follow. but
the contractor was stopped at the door by the court
understand there is charge of homicide against
injured In the falling buildings has died"
Where Is the charge and the evidence = demanded
Mr. Fullerton, and who makes the charge T.
conference was held In adjoining room. which
resulted In the posponement of the examn alton until
room. no bali being dem landed.
Justice Murray then examined Franck In private and
said that FrancK equiyocated aud avoided the direct
question OF his responsibility and knowledge OF the
quality OF the mortar and other materials used In the
fallen buildings. IL be sad," continued Justice
Murray. that he there without knowing how to
Judge OF the materials used and whether they were good
schwager made an AFFIDAVIT that he had been employed
for considerable time GU these buildings under Franc
and that he had called the attention Of August OGDEN
busch dthe foreman to the worthless materials and that
he had been told that II he not satisfied he could
Francks counsel urged that this was not evidence
put against ana
objected to having his client made tho scapegoat The
Justice held schwager as witness in $500 bail To THE
TRIBUNE reporter he said subsequently that there was
no evidence on which he could hold Buddensiek. He
had communicated with the Fire Department and at the
examination to-day there would be experts In buildings
District ttorney MARITIME sad We were considering
where the accident not fatal when we heard OF the
death OF OF the workmen and the arrest of Budden-
sick. That makes the matter simpler as there Is
certainly law that ought 20 reach such case section
1913 OF the Penal Code, which dennes
the second degree includes the causing OF death by the
act procurement negligent culpabity OF person not
no c TO- conyc ec s IN
that part OF the definition OF murder In the nrst degree
that refers to the causing OF death by an act mmi
nenty dangerous To others and evncing depraved min
regardless OF human life although without prened-
taed design to effect tho death Of individual There
ia opportunity for immediate action by Indictment,
the now In the police court representative
Of this office will watch the proceedings We feel that
this Is an occasion which example may well be
made. / should think that any one beyond common
workman who knew OF the facts and neglected to take
the necessary precautions, might come within the law
Members OF the Health Department SPOKE Of Budden-
sick strong terms Of ceDsure and expressed hope
the shabby construction OF the houses
St Colonel Clark, secretary OF the Board, has been
acquainted with Budensek methods for many years.
lie sad: This man has been standing menace to the
interests OF the city because be covers so many avail
able building lots with worthless
Most OF his houses look well enough on the outside
when they arc new but they are constructed 80 chea
that they become Insecure. The walls settle and
the plumbing Is pdled out OF place so that sewer gas
enters the rooms In short time after they are occu-
The records of the department embrace many COM
plants against Bnddensiek for violations OF the Iene-
ment House Act. Ho arrested in January 1873 on
account of defective plumbing In row o eight houses
in house had been attributed TO sewer gas and
Of typhoid fever and OF dipbtheria bad been dis
Neas bad rel Ored that the earnenWaro drains Id the
cellars had been laid without cement at the joints. ana
that the Joints Of the soil pipes were not closed properly
Buddensiek escaped conviction on the ground that the
notices NJ violation had not been served legally but he
compelled TO correct the faults In the drainage of
the houses. He brought suit for $4,000 dsmagos
against Engineer Seas but the case was dis missed ana
he had 10 pay the Previous TO 1879 Buldensiek
contested suits brought by the Health department
to compel him to comfy with sanitary REGULATIONS.
Since that year he has been sned about dozen times
hut he has shown disposition to fight in the courts.
His method has bccn instead. 10 eyade notices or viola
lions as far a. possible by putting forward dummies 10
represent him.
At a special meeting OF the Fire Commissioners the
Inspector OF buildings was directed TO report at tle
earliest practicable moment all facts In relation TO The
plans aud manner OF construction OF the fallen bul
Ings together with any orts OF violation OF the build
ing laws made thereon and the action taken upon such
reports. well the reports made from time to time 10y
the examiners assigned the district in which the
buildings located. Inspector DOench has procured
"A sample OF the mortar used In the buildings las an
exhibit In the Examiner Mackey, who Is In charge
OF the district at present and Examiner DAILY who had
charge when the buildings begun were directed u
submit statements to the Inspector this morning They
would not talk tO reporters yesterday
Buddensiek owns most OF the property mt Neptune
City. resort few miles south Of Long Branch
His hotel. the Newport. was entirely destroyed by fire
last September The guests escaped from the burning
building Ia their night attire.