Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-05-06
Of hi, ofsnding ard for this has he becen suhiscted

; tie iCNhci.lDn 81 MS Incense. lnUppu, n
| prominent charge in the Indictment is fixed in n
vcinb'r .Gst--tSe months after his license revo
ed. Tie s"cnlicd second charge, and thnt which W
tried before the Mayor Oh Friday lust, was set for
n having occurred OH the 2lst of last month I'll
was FOR ~ violation Of tho city ordinance, not for
"uuisanc-." Mark the efforts to break tho identity.
! IT the charge Of 'nusance" is dscaimed what the
does the offence coIsistiu! The former offence
nuisance, the latter n violation of the Ordlnunc
while the testimony IN both lustarces hHd relrreut
| precisely to the establishment oi the same charg
namely: that MIR. McAdam was carving on the bi
! siness OF soap and candle manufacturer without
license This il the charge from first to last but pr,
sentcd under different heads.
How WAS the charge in the latter instance founded
1t appears that Mr.. Winston with two or three other
while standing NJ his door Main street by the creek
about ten ar twelve days ago. experienced Disagree
aDlc oI"r, anh The wind blowing at the time from In
| direction 1T Mr.. McAdams factory, il WAS nj one
PRESUMED t. have come from there. The 0dur -avor
somewhat OF soap grea>e in process OF rendering
AMI tins necessarily furnished an unqu-stiomble cu
~ I" The source whence il emanated. Tie factory
situated about TWO or three hundred yards from tn
point where This discovery was made. Mr.. Crew.
fwtpry - sltuatc! about and half that distance
from -" san point, but in somewhat rectangular
line The o:hrr wItnesses, Mcs,rs. jude, Holman auc
Herring. testified that they experienced the odur, bu
w'i"uce Il C::liIr:rd they We're unable 10 drhue.-
SOFA: ii them, II We mistake not. stated that the
creek AT that point was ofientinrs rendered disagree
able b. Judgments Of purrd matter, and they
expressed Il belief that il r:nnnaied from thence
Not witness, out OF q series that Were
examined, testified to any fact going 10 show
that M McAan carried Oh the business ot soap a!d
candle manufacturer nj his present factory Frank
lin street. One slated tina, he experienced the smsi
0t c0nd!cs in one instance within the past two three
weeks.
Mr. McAdam, through respectable witnesses,
proved that he carried whatever could be suppos
Ell offensive III his business, beyond the city limits,
thH, utterly d!sprovug the charge Of nuisance, 10
prevent winch mast have been in the contemplation uf
the Council, when they passed the ordinance proh-
biting the Manufacture OF soap and candles within
The city, without Il hcense. But the charge WAS not
for nuisance. What was il for then For viola.
ton uf the city ordinance, in carrying on the business
Of soap and candle manufacturer, within the city
wthOu. license. Ii WAS proven positively that the
manufacture WAS not carried on as charged, but, on
the contrary, that the greater portion v II, aud that
VIII ci 0iOnP could be offensive, carried On beyond
thr city limits. Even Mr. DANIEL while prosecuting
this s".cacd other charge in the Court OF Hastings
stated tina; no cause of complaint existed in Mr.. Nc
Adams present mode of manufacturing.
Never in the course of our experience in
the proceedings of Courts of Justice did We
wi:ne-s such toriuring OF testimony, such spe.
Gal pleading III order la lind pretcXt Tor
conviction, is we witnessed in this case. A fine OF
- WIS imposed, and this Judgment Was predcated,
~ il seemed Ia U.s. wholly upon the fact Mr.. Nc Adam
c:m,es wrr.. srrn iii haasEH from there, and that
smoke sometimes issuing from The chimney
Of that factory. Col August presented en- analogy
for this alignment wcl! from l!s uppositeness, Is well
worthy To be recorded. Ii was IN, case Of man
who was sen: on for burglary upon no other charge
than that of having in his possession the tools adapt
al 10 ,nis -prics OF offence. Being UNCONSCIOUS of
having done anything Justify this step he enqured
what the charge was, and being informed that II VA,
Tn. pOssnsiu Of burglars tools, said that they had
htn. end l frI,lt hiR
son the means IL commit that Offence. The auaugy
is Il tarclble one. and true Ia the letter.
But when ar where will this prosecution endl Can
anything stay the red hand OF vengeance which is
thu. aimed w::h such damning effects at an honest.
industrious, uno;fendmg ci'iz9n! Far from being ad-
united to equal privileges with others III his trade,
occupying much more conspicuous positions thaa Ii:
does, he i denied even the poor boon OF half manu-.
featuring. At the very place, and in tbs same build
Ing, in which tor thirteen years lie carried on the
whole manufacture without giving occasion for the
least dissa,. faction. Not word Of discomfort was
uttered during this period by any of the clique at
who's: bidding lie L. now prosecuted. Every indivi-
dual Of that combination, save, probably one, had
built by Mr.. McAiams factory, some years after he
had commenced this manufacture, which recently has
become odiuuS 10 them. l. it not grievance,
shameful 10 he tolerated in any christian community
that Mr. McA. must, i'll Obedruce To the VIII ot any
set OF men, abandon his place oil business, where,
bv hard toll an. i!Icesssu labor, he succeeded in es
Publishing himself We have the fullest assurance,
that upon proper understanding of this tyraInlca
proceeding, SQUAD public sentiment will be aroused
which, o. LATER, will check the progress OF lh's
ui.,uy. has already ts ,rd all lust liable bounds
Tn. procedure thus lar is without precedent; it has
not the sanction of law justice. The principle
applied 10 Mr. McAdams case. by the Mayor and
E. uncil, j. heclie'liy unconstitutional. tine Is M
posed Tor ihe Ylu.aun ui an ordinance or more pro-
pe!ly for NUISANCE, When not single witness
test lied TO the existence of any such thing. On
the contrary. mast OF the witnesses testified tha;
they experienced annoyance from this factory,
since Mr.. VI Adam commenced the boiling oi the
ron IN material beyond the city. But by som: peru.
iiar process oi re:.souin without Justification, il Was
ma rut that he manufactured III some form within
the city. All testimony AS 10 the entire absence OF
anvihng oli" nsive was disrrgarte,i it WAS enough
that the Council Sad that the manufacture should not
be- carried On, though the spirit Of the ordinance,
namely, the prevention OF uusnncrs, WAS not shown
to b.; violated IN ~: particular. Upon this prin
cpc, the Connect mny, II they think proper declare
grocery stor- drug stores, III fact any business,
nu:=lmre, and the. mayor may impose fine, all pro-"
To the contrary how If!IH!anGlnS
WcwUu!d note another extraordinary fact in conncc
ton w.th The trial ut this case bcior" the Mayor on
Friday. II j. this Gretfer. parr.'ivlug the manner IN
which the Mayor labnreI Ia find grounds for cnnvc-
,iou ~: testimony being offered To prove nuisance,
cam. forward II second TINS. aul much To his Hon
ur's rrlici testified thH NJ. .EcidHmS c0Hdi'S Jrcre
Dj:nsyr- ~ r bDrrs II we nrc correctly informed
aud We have. doubt To thar, this very deyunet
very arcl--, dur.nT period Of several Years. But
n"ed not dwell upon dis matter. II is insigniti.
cant tratur., crLarG' |ith oths. characteristics IN
t!s affair. We would, however, cnuti,ir NIL house.
k:rprrs who are III the habit Of making their own
caEI-s 80 beware, else they will inl themselves one
Of these days i'll similar predcaIneut with Mr.. Nc.
Alan.
Mark how came THE latter proceeding to be issi-
turd.
Mr Winston and few others, we're s:anLirg at
tl'. ulr ,,i his ID Main f,.,, ~
twelve days NE. ihsy experienced disu:,rc, able
"i, aud TIE w:: blowing from the direction of Mr..
McAuam'S i;"tory, il necessarily cane from there.
Some days after, Mr.. WnstOas clerk related the cir
cumIstarc- To Mr. Fnrruw, Of the ST. Charles Hotel.
whose Testimony in this Instance, We must shy, waB
hI: and consistent, from thence il passed Grter
aui h. at ""wr-.. convinced that tn. north-elserEy
WIN! lii. trim; this stencil from Mr. McA,luns FAC
=" e.. POI, = Mons in his name The result
Wa tue - = L,.,~-srr: consequence.
"nAt tIns Mr.. McAd.ti. dGue &: merit t!iia per-
-""nrI""' VINO VIII FAY that he is anything
else nrn MI honest, upright. industrious, good ct
z"u' y" "nr, We presume. What thrT has he douel
All, he T. "u.y al The unpardIrab!e UtteLGe o being
bora IN Ireland anl of adopting the Democratic
creed. Taa ~ the offence. lmga,Ue not rca Ter, that
this i char" for nn'Sance. For thirteen years that
he voted the Wing ticket, his business deemed as
fragrant ~ th" balm nj thousand roses and would
Il lie t.. DAY !. h" could Gully go the whole hog"
Til. cl!hrg u; nasu.r lis NC iu!Edatien in fact
the result Of three trials go 10 show and s1r venture
to Affirm TINT impartial, intelligent jury of tho
citizens of Richmond will ever find verdict under
the pending indicmrnt, other thnn OF acqui;tal.
In the course OF the last trial before tie Court Of
Hastings, Hr. Ben. Davis part owner OF The ST.
Charles li-tc, testified that had he known Mr.. Me-
Adam1' factory Ia have been in such close proA unity
t. .4 aa:ab! h.n.n when he purchased the lot, he
would not Lave :en - cents ~ tue Iniia: "f .hGl
he paid for it, nor - cents. To the dollar Of his
ouay upon IL" building. |: was calculated upon Il
,r IA. thu tliy bIn1untpu S.iil Hyt md
ncro!u t. this representation, lis property wou!d
becnn" enhanced by that amount ii Mr.. McAdatn >
business was put stop 10.
Mr. Fan"w the present lessee OF the hotel, in his
testimony stated, that he wuui! give any check
for = .;m w..o wsut E!,c the lease out al his hands,
Assuming al obligations which ,e Us incurred in
virtue Oi his agreement.
George w Gretter alleged before the Committee
Of TIE CITY Council, who Went upon Mr.. McAiam'
premises lat Jun- preparatory To the revocation of