The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1849-04-14
THE CECIL WING,
Md.
Cecil County Court.

THE SMOKE CAsE.-Ten tedious days
have elapsed since the commencement
of the great suit of Doct. John X. Sap
pingtcn against the Messrs. Whitaker,
popularity known here as "The Smoke
Case" At las, the pleadings have been
closed, and at this writing, Friday 4
o'clock,) the jury have retired to make
up their verdict.
II is removed case from Hartford;
was commenced in 1915, and the costs
by this time must have amounted to a
very considerable sum, there having been
from seventy 10 hundred witnesses.
The Messrs. Whitaker are extensive
manufacturers of Tron, and have furnaces
in Havrc-de-Grace' AT the time the
sui! was Instituted they used charcoal,
and had on the premises a number Of
kllns in which it was charred. During
this operation a considerable quantity of
smoke issued from the kllns, which, when
easterly winds prevailed, was blown over
and to some extent settled down among
the dwellings in the village. This
smoke, Dr.. Sappington alleged, came to
his dwelling and entered therein, and in
the phrase OF the lawyers, greatly "dam-
nfed'' him, IN his person, his family and
servants, causing sickness, SO that he had
to remove away from his house and his
business to escape it, and thereupon he
brings suit for damages.
On the other hand, the defendants con-
tend that they are in the pursuit OF
lawful business, business pursued in all
sections Of the country without moles-
tation-that the smoke complained OF did
not make greater assault upon the Doc
tor than upon many other persons who
lived as neal, and nearer the kilns than
he did without being injured-that be-
fore they built their kilns he was affect
ed with the same disorders as since, and
that before they smoked him at all he
expressed his anxiety to remove from
Havre de-Grace.
Among the witnesses were a.arge num-
Der of Physicians, and the differences be-
tween them as 10 the component parts
OF smoke were as wide as between the
of the opposing lawyers, and
all their attempts to resolve il into
simpler elements, and to describe the et-
fects of each, only served as far as we
could see, TO envelope the jury IN a
denser cloud, ard they s,emed in guam
dairy as TO "who Shall decide when doc
tors disagree Pyroligneous acid gas,
carburetted hydrogen gas, sulphuretted
hydrogen gas, sulphurous acid gas, car
bonic acid gas, empyreuma:ic oil, acetic
acid, and a hundred other gases and
acids, were new sounds to their ears,
and added but little to the comprehcn-
sion Of the case.
One witness -Doc,. Rearlon of Hartford
counly-was four hours on the stand, dies
cribing the qualities, properties, elements
and effects of smoke, aud several others
nearly as long. The examination of wit
nesscs closed on Wednesday evening. On
Thursday morning Col. Groome for the
plaintiff, opened the discussion, speaking
upwards OF two hours. Mr. Constable fol
lowed for the defendants in speech OF
about SIX hours, which closed The dav.
Yes,e rdaY morning Mr.. Scott continued for
defendants In a speech Of two hours, fol
lowed by M. Schlev for plaintiff, who spoke
about three hours, when tn, case was sub
miued 10 the jury. The speeches of all the
counsel were quite distinguished for ability,
and it has been a remarkable battle, by
both sides remarkably we'll foaght.'
N D. The jury came Gown with ver-
die! for the defendants abou, six O'Clock
yesterday evening.
91The Court most probably will last a
large part OF next week.
REPORTED Loss OF THE STEAMER AGA
UyI