The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-05-18
BURNEY'S FORTRESS
Shanty Dwelling Held by
Three Men Against a
Gang Of Italians.
NICE WAY TO BEAT A LEASE
Building Inspector Kelly Helps
the New owner Who Wants
to Build at Once.

"A pitched battle occurred late yesterday
afternoon in the shadow of the Fourth
regiment Armory. 1t was no sham bat
lie, but a fight in which the participants
We're in deadly earnest. 1t was an UNI
ever fight in which one man with but
TWO allies attempted to hold a fortress
against a storming party of twenty-five.
HE epulsed them for a while, but they
nnaliy got the advantage by strategy and
were on the eve of taking the position
when the powers that be in the persons
of a Justice of the Peace and a Con-
stable commanded peace. An armistice
as now on but hostilities are likely to be
resumed at any moment
The fight was viewed by nearly 1000
persons, who cheered and a~pplauded al
t~ernately the attacking party and the
besieged. To gain a fair idea of the
conflict a description of the battle ground
and he circumstances which led up to
the fray is necessary. ' AT Bergen ave
nue. and Foye place is a low two-story
frame building. 1t was built thirty years
ago by John Winner and was part of
the old Winner estate until three years
ago, when it was purchased by James
Smith. The building was leased a year
ago by John Burney, who converted it
1nto a restaurant. Burney secured a two
years lease of the premises from Smith.
The building was in a dilapidated condi-
ton and Burney did nothing to improve
its condition.
Six months ago John ]. Phillips, an I'M
dertaker, purchased the ground adjoin-
ing the and entered into nego-
tiations with Smith to buy the corner as
well, as he desired to erect a handsome
building extending from Foye place to
the Fourth Regiment Armory. Smith
told him of the lease Burney had secured
and Phillips declined to pay for the prop
erty until he should be given a clear
title to it. Smith tried to get Burney
out but the latter demanded a large
money consideration for the cancelling
of the lease. This Smith refused to pay.
In the meantime Phillips went on with
his preparations to build. The excava-
lions were begun and by Saturday last
were brought up to the northern wall of
Burney's place. Burney. safe in the be-
lief that he could not be ousted, watched
all these preparations with ~equanimity.
On Saturday Building Inspector Kelly
called upon him in the company of
Smith and inspected the building. The re-
suit was the fight of last night. Inspec-
tor Kelly condemned the building and
ordered Smith to tear it down at once.
Smith notified Burney, who refused to
vacate. Smith then placed the matter
in the hands of his counsel, James
Fielder, and gave him full power in the
matter. Fielder promptly sold the build
ing to A. A. Van Wrinkle, a dealer in
secondhand building material, for a
nominal consideration f
W. xTs-1-1 -x.-< -sxI x--.-%V II;
laborers yesterday afternoon to tear
down the building and remove it to his
yards. He entered the restaurant and
presented the bill of sale Of the premises
and the order of the Building Inspector to
Burney. The restaurant keeper refused
to recognize them and ordered Van Win
kle out of the place. When he refused to
go Burney seized a chair and drove him
out with threats to brain him if he re-
manned. Var, Wrinkle left, and sent for
Lawyer Fielder, who arrived in a short
time and assumed command of the Van
Wrinkle campaign. After examining the
order of the Building Inspector and the
bill of sale, he decided upon a vigorous
s sampaaign- He as called upon gur 4 i, so
face. He locked all the doors and win
dows and deied the lawyer to get him
out Burney guarded the upper door
had picked Up. on the street, in the base
W1en Bufn6y refused 10 give up the
premises Fielder walked up the front
steps and exhibited the document. Then
without more ado he seized an axe and
battered dow the upper door. He did
not enter however, as Burney repulSed
him with his ~favorite weapon a heavy
chair. While Fielder was attacking the
upper door, Van Wrinkle was trying to
force his way into the basement. This
combined attack commanded the in
dividual attention of the besieged who
took no cognizances of events that were
TRANSPORTING in the rearegof the building.
They did not, even notice that the major
ity Of The the Italian ran iabor Sig bad had myste sa
fact that the attention of the crowd was
thrown in another direction. It was no
carry the place single handed and by
first rank. While he and Van Winkie
the Italians. in obedience to instructions,
were engaged in executing a flank move
ment.
Their first move was to secure a lad
der, the next to arm themselves with
crowbars, axes and picks and mount to
the roof of the building. Once there they
about they had removed half of the roof
the second story. They had punched a
hole through the ceiling over Burney's
head and were bombarding him with bits
manner unlocked for by the besiegers.
When hostilities opened he had com-
municated with his counsel, James Feury
who Immediately went before Justice Of
the Peace Milton Hanna and secured a
warrant for the arrest of Van Wrinkle on
the charge of breaking and entering. just
as the second half of the roof was about
to be raised and as Burney was on the
point of captivating Feury arrived with
Detective Larkins, who served the war
rant and ordered the Italians to desist.
The whole party appeared before JUS
tfce Hanna, who adjourned the hearing
until this morning, and cautioned Van
Wrinkle against molesting Burney further
until the case is decided.
unRnHrN,e Pr DEPARTMENT.