The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-12-20
St. Lucy's Church Trying
to Show That There Is a
Nuisance at Grove and
Fifteenth Streets.
MR.. DOUGLASS NOVEL OBJECTIONS
He Claims the Church Is Not a
Corporation and Did Not Au-
thorize the Proceedings.

Vice Chancellor Pitney, in the Court of
Chancery, this morning, began the hear
ing of the application of st. Lucy's
Church for a mandatory injunction COM
pelling the Mayor and Aldermen to abate
what the church claims is nuisance at
Fifteenth and Grove streets. The church
claims that when the city crossed the
Grove street sewer with the new outlet
for the Ravine Road sewer through Fif-
teenth street, it so mutilated the Grove
street sewer that the sewage congre-
gates in two cesspools at that point,
emitting foul and offensive odors which
are detriment to the health of the
neighborhood. William H. Spear, Jr., rep
resented the church and Corporation
Counsel Blair and Corporation Attorney
Douglass looked out for the interests of
the city. Chief Engineer Fowler and
Engineers Frank Earle and Edlow w.
Harrison were also present. Mr.. Speer
began the proceedings by moving to
amend his bill by adding the names of
two new plaintiffs. Mr.. Douglass OBJ
jected, but the Vice Chancellor allowed
the amendment. Mr.. Douglass said that,
before proceeding further, he would like
Lucys Church was a corporation and had
authorized the proceedings. He said that
he had learned on Saturday that the
church was not a corporation and that
its trustees consisted of the Bishop, the
Vicar General and the Rector of the
church and two laymen. These, he un-
derstood, had not authorized the present
proceedings The Vice Chancellor said he
would consider that point later, and Mr..
Speer put John McAuliffe, of No. 604
Grove street, upon the stand. MIR. Nc
Auliffe produced model of tin, wood and
rubber, by which he illustrated the man
ner in which the one sewer crossed the
other and the cesspools were formed,
which the plaintiffs claim is a nuisance.
He was somewhat dramatic in his ex-
PLANTATION and did considerable geSticula-
tion with his hands. He soon wore out
the patience of the Vice Chancellor, who
sharply commanded him not to do SO
much pointing and waving with his
hands Mr.. McAuliffe said "A1l right,
sir" but in few minutes was as bad an
offender as ever.
.'Oh, don't point so much,' exclaimed
the Vice Chancellor, warmly, "put your
hands in your pockets and then they
won't be in your way SO much
Mr.. McAuliffe meekly replied Yes sir,
and went on with his Testimony. He said
that the Grove street sewer was cut at
the point of contact with the Ravine Road
sewer extension and a big box built at
this point for the purpose of having the
sewage from the Grove street sewer flow
under the Rayine Road sewer, which was
carried on.
This the box failed to do, Mr.. McAuliffe
said for whenever the sewage from the
Grove street sewer emptied into the box it
did not emerge on the other side, as in
tended, but staid there and produced
the nuisance complained Of On each side
of the Ravine Road sewer, he said, a
manhole was built in the box. He sound
ed one of these manholeS on Friday with
a stout iron bar and found nineteen
inches of refuse in the bottom. This sedi-
ment was very solid and it was with diff
Guilty that he could drive the bar through
it.
The water, he said, also flowed through
the box into the soil. When the work
was first completed the witness did not
notice much odor about the place, but
of late the stencil had become horrible.
He had smelled the gas from the cess
pools as far north as the st. Lucy school
house at Sixteenth street. At this point
the court took recess.