The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-08-07
MARTIN ACT DEFIED,
Patrick Kenny Holds by
Force Possession of Land
Bought at a City Sale.
PURCHASER ARRESTED By POLICE
Justice Nsvin Issues the Warrant
The Matter Will be Taken
TO the Court.

There is an interesting property war ID
progress on the Heights. Patrick Kent
NY. whose saloon at Virginia avenue and
the Boulevard, was recently closed by tht
Board of Aldermen, and his son, John
who is an ex-policeman, are on one side
while Bridget Dunnigan, her husbandt
Peter, and the city are on the other.
1t is all over strip of land in tha
rear of Kenny's house, No. 2S1 Bergen
avenue. which Mrs. Dunnigan bought al
the recent sale under the Martin Act.
and to which she holds clear deed FROM
the city. Kenny claims that the prop
erty belongs to him and that the city
had no right to dispose of it, and de<
clares further that any person who tresS
passes upon it does SO at his or her own
peril. He has threatened to shoot Mrs.
Dunnigan and her husband If they puf
foot on the land, which they have paid
the city cash for. The Comptroller Auc-
tioneer Stevens and the Dunnigans, fon
the other hand, claim that Kenny is and
has been for seven years nothing but =
squatter on the land.
When Kenny bought the Bergen ave.
nue. property, seven years ago, no one
was occupying the land which is ths
present subject of dispute. There was a
stable and extensive sheds on 1t. The
driveway leading to the stable was part
of his purchase. No one seemed to know
who owned the stable and the strip OF
land it. was on. Kenny made use of. If
at once and has continued to do SO up to
the present date. When the last Martiu
Act sale occurred this property was put
on the list. It appeared then that for
many years the owner, Uriah Allen, ha6
not paid any taxes on it. The strip that
was put under the hammer is 44.5ox59x62.
1t was bought for $3.50 by Mrs. Dunnigans
of No. 15 Tyson lane. The land adjoins
the rear of her house as well as that OF
Kenny. The day after she purchased the
property MIS-. Dunnigan served notice ON
Kenny to move OF of 1t. He defied
her to put him off. Mrs. Dunnigan said
nothing more, but the next day she and
her husband set quietly to work to take
possession. Their first move was to
knock down portion OF the fence that
separates their yard Srom the barnyard.
When this was done Mr. DunpIEan de-
posted lot Of kindlng weed and
number of large boxes And btsse On the
newly acquirsds property That usEht af.
ter dark, Kenny. his two daughters and
HIS SoAB JSAi4As R&EG&k04 SFc<t &ta82 "a
wood belonging to the DEnigxps back
over the fence and boarsaeA up tie hole
Not wishing to get into q, pspaena2 con-
troversy with her neighhe1s Ma. Dsannd-
gan went the next day to CoSnptDoller
Hough and told him how Kenny wax aca-
ing. She says that he xeousd:-
Kenny is nothing bus q sq1akker ana
I will have Auetioneer Stevensesse that
he is elected at once
To make sure that she was In the
right, Mrs. Dunnigan also saw Fred
Spengenan, the agent who sold fhe Ber-
gen avenue properly TO Kenny. He told
her that Kennyss puschase did mot MI
clude the disputed strip and that the
sheds and barn were on the place when
Kenny took possession. The Dunnlgans
refraihed from any further efforts co. get
possession of the place, in the belief each
day that Auctioneer Stevens would acc
and have Kenny vacate Nothing was
done by the city officials, however, ana
things went on pretty much the same as
they did previous to the Martin Act sale-
Kenny even went so far as to rent 9.
stall in the stable to the proprietor Sor
the Red Star butcher store. There WAS
no further outbreak until yesterday mora
Ing when mat at an early yn0 hour ksnny ses ser
of shed that was built against the DUN
nigans' fence. He had not been long ac
discovered diss by Mrs. DunnigaS. who called
to her usband:-"Peter, come here quick
and see what the Kennys are doing
Peter responded and yelled over tlle
fence to the laborer to cease tearing down
his property. A jeering laugh was the
only reply he received. This angsred
so that he could see the man be was
talking to. He proved to be meRsly .
laborer hired to do the job. -
you're destroying my property, sal0
Dunnigan, 'and warn you that if you
remove another shingie III call an ofncer
and have you arrested.
the man to go right on with mas WoTk
and not mind Dunnigan. He obeyed and
Dunnigan sent to the Communipaw aye
nue. station for assistance. Sergeant Bar
tersbee and Patrolman Reddys responded.
Mrs. Dunnigan explained the situation %
them. Mr.. Dunnigan started to lead them
fence and upon the slaborer. he was
half way through the hole and the of1ceTs
were close upon his heels when he was
brought to a sudden halt in a rather
startling manner. John Kenny, who had
been turning pile of hay, raised tno
point of his pitchfork and madela at Dun
nigan full tilt, aiming the prongs at his
heart. He retreated before this onslaught
in double quick order, tampling oacE-
escape. Kenny kept his pitchfork leveled
at the hole. .I'll jab the first one OF
you that puts his foot this sid side of OF the ,x
the mood to do 1t.
why don't you arrest him?' demand
ed Mrs. Dunnigan of Sergeant Battersbee-
TITS not in my power to- do So, re-
Piled Battersbee; you will have to pro-
ceed against him civiily.''
IT don't blame you for not racKllng
him.. said Dunnfgan, glancing at the
pitchfork; "its my opinion also that y9
lack the power necessary to arrest him.
The police were warned by Kenny that
they would be treated the same as Dun-
nigan if they attempted to trespass on
the land he alleges belongs to his father.
They absolutely refused to aid the Dun
nigans and soon left. When they were
gone Kenny, Sr., and his SON pitched IN
and soon had the last plank in the shed
removed and neatly piled In Ear corner
Of the yard. Dunnigan did not offer any
further interference. Last evening, as he
was sitting down to supper he was sur
prised to receive a visit from patrol
man, who requested him to accompany
him. without delay, to the ConlmunpaW
avenue station. When DunnigAn arrived
there he found that Kenny had appea4e0
before Justice Nevin in the morn1nF, az
ter he had knocked the hole In the Ienoes
and had secured q warrant Tor his apreaS
on the charge of malicious mischief ae
furnished bail for appearance In the
Second Criminal Court this morning.
When seen by a reporter for The News,
last night, Mrs. Dunnigan exhibited
deed for the property Kenny claims az
his 1t is dated July 2S. I'VE shall NOT
interfere with him any more, she sale,
lit is the Comptrollers business to- 40
that. He can tear down every stick knhS
stands on the property Il he likes, put
mark my words he Will have 20 pay