The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1868-08-01
Circuit Court.


J The case d OCbxaSr Va Bysns, involving the
right Of possession Of the O'COnnor warehouse at
La Sale. was brought to a close last Saturday
evening. having occupied the cosrt nearly two
weeks. The verdict was in favor Of the plaintiff.
Joseph O'Connor. A motion for . new trial was
entered and is pending. rai.ea
The motion for . new trial in the case Of The
People vs. Aaron Sherman, was argued on Mon
day and overruled by the court The jury hsd
A1ed the punishment of Sherman at Is years
inprisosment in the penitentiary, and the court
passed sentence on him accordingly.
The next case taken up was that Of Joseph O.
G'orer vs.. Gilman, King d Hansslton, suit in
which good deal of public interest was mani.
tested. The defendants have an extensive man.
ufacturing establishment on La Sale street, the
machinery Of which is propelled by steam
engine. Mr.. Glover owns a handsome residence
on the street Immediately east of the shops, and
as eur prevailing winds are from the west, the
smoke from the furnace of Gilman, King 4
Hamilton enters his house, blackens parlors, and
proves nuisance to him generally. According.
ly he sues for damage to his property-in other
words, seeks to compel the defendants to move
their establishment to some other quarter. The
defendants refuse to move, saying they occupy
their own property-that by moving to another
place, though their factory might cease to be an
annoyance to Mr.. Glover, it will become an an
noyance to somebody else. 1t is, thus, ques-
tion with them whether they shall cease manu-.
featuring at all not and they prefer to fight it
out where they stand to moving and having the
fight with somebody else in some other quarter.
Public interest in the contest became enlisted,
because it seemed to involve the question, about
which there has been vast amount of litigation
everywhere, whether private residences must
give way to the demands of business, or whether
business must submit to inconvenience of loca.
tion to accommodate private residences. In short,
shall the building of large manufacturing estab-
ishments in Ottawa be discouraged, because such
establishments make it unpleasant for people
having fine dwelling houses in their vicinity.
The suit was called on Tuesday morning, and
the day was spent in empannelling jury. Wed.
nesday Mr.. Glover made his opening speech,
stating his grievances at length, and giving his
views of the law of the case. Mr.. Julius Avery
replied for the defendants giving his view of the
law, and commenting on Mr.. Glover's bill of
grievances in terms sometimes unpleasantly caus-
tic. The opening speeches made, one witness
was examined for the complaint, and then the
court adjourned to next morning.
Thursday morning Mr.. Glover came into court
and, instead of resuming the examination of his
witnesses, made proposition. He said his only
object in the matter was to get relief from the
smoke of defendants furnace, and he thought
that could be accomplished either by the defen.
dants using smoke consumers, raising their
chimneys higher or in some other feasible way.
He therefore offered to take continuance at his
own cost, if the defendants would agree to the
appointment of two persons, the two to name o
third-the three to examine the furnace, chin.
ney, &c, of defendants, and to suggest remedy,
which the defendants should give fair trial,
the smoke from further unressonably annoying
Mr.. Glover, then he would withdraw the suit,
otherwise the trial to be resumed. To this offer
the defendants acceded, Hon. J. d. Cation and
Hon. VIM. Reddick being named by the parties
respectively as the two, who, in conjunction with
third person to be named by themselves, are to
constitute the proposed committee. Thus the
suit for the present terminated, and stands ad.
journed over to await the result Of su0h expert.
ments as Messrs. Cation and Reddick may suggest,
not to involve any unreasonable expenditure on
the part Of the defendants.