, 1873-03-28
The Carbon Hill Coal Case..-
Eloquent Appeals to
tie Jury.
Fight for 40 Acres Of Park Land.
Instructions 10 tic Jury
...Verlict.
Judge Gary's Double-Murder d.
: voroe. .0ompromise Order
Bankruptcy, Criminal, County Court,
and General Notes.

Bankruptcy, Criminal, Couuty Court,
and General Notes.
Tho caao OF tho Northwestern Fortilizing
Company can,o up again for hearing yoatorday
morning before Judge Farwoll. Tho first wit"
peBs examined was Robert W. nalaton, who tos-
tidod that hc resides In Chicago, and Ia Vlco
Proaident Of tho Company, over whoso affairs
he has virtual control; that .. Baugh, tho Prest-
dent Ut lilo Culnluny, lives In philadelphia.
WithuaB hns been acquainted With tho Fertillzing
Company's businoGs since Juno, 1867, ind was,
tor two yoars previous, engaged IN carrying on
Bimilar work elsewhere. Tho Company Waa
organized In 1867. It's officers are Prosi-
don't, Yico prosidont, Treasurer, aud Secretary.
THO captal stock is 925O,0o0, Of which botwoon
e2l7. 900 and S248, 900 has boon paid up. The
Bubpcriplion by MoBsrs. Daugh Of s5o,o00 was
pnid for By tho transfer to tho Company OF their
purchase from Wahl Brothers, and lot Of shin
glcs Tho capital stock WAS subsequently in
creased to S250, ,0G0, for which certiccatos OF
Btook wore issued. Witness produced book
showing tho record Of tho organization Of tho
Company, and also Of tho iaoronao Of capital
stock, Began to tnko charge Of tho work Of the
thon connected WITH tito Pittsburgh Fort
Wayne aailroad by switch. Wal! l3rothors had
two open Bhods, 800 foet widc by 400 foot. The
tho Wahs used was to alloT the m1tora
complishod IN tho sunlmor. Tho material at
TINT timo was received partly raw md partly
steamed Tho raw matorial WAS subjected to d
process OF steamlng.
graph, asking Witness to show where tho vat
Used to stoam raw material was located.
Counsel for Hyde Park objected to tho intro
f3uction OF photographs.
Wituoaa anid ho continued tho procosH OF
stoanling two years after ho undertook tho null
agoment, using tho yata and drains OF Mr.
Wahl; but subsequently they buried wot ma
tcrial. He tlon described various methods to
utilize soft material, which experiments, together
with tho purchase Of tho right to use the prin..
ciplo on which tho Ralston drior is built, cost
them ed, 900. WitnoHa described tho procoas as
conducted in tho Eastern States, which 10 purely
a chemical ono. III Phi1adolphia the soft rofusc
is removed By farmors, who utilize It, After tho
at once to work to rebuild; and, III thirty
days, work WAS recommended, with throo
driers, with daily capacity Of sixteen Or
seventeen tons ot dry material. Towards
work, and now there are acvon, with m average
daily capacity Of about 1t2 tons. Tho daily ar
rival of mnterial amounted occasionally In 1871
to from 150 to 250 tons. II the factory had not
Gurhc1 GOWN. THO company X0f1A nave GHA4ty
kept pace with tho tank stun and would have
hnd all the material worked up by tho lat OF
July It will take until tho middle OF May to dry
up the tank ststff at prcaont on hand, and until
tho 1st OF August to dry the remainder.
Counsel for tho Company again referred to q
series Of photographs, tho counsel for Hydo
Park objeoting, OH tho ground that such evidence
was inadmiasble into the record, and irrelevant
to tho issue OF tho case. His Honor admitted
thona, subject to objection.
In cross-oxaminaton by tho Hydo Park coun-
sc Witness stated that tho profits Of season
1872 did not amount to over $8, 00o: This is
aftor purchase and erection OF machinosy and
experiments hnd been allowed for. Tho profits
on q ton Of manufactured fertilizer is 90.
Tho Hyuo Park counsel cross-quostioned the
witness with regard to the flavor and sucou1ent
qualities Of q dish OF fried liyor and pork, and
wished him to atato What proportion Of water
such cooked liver contained.
Tho witness Expressed ignorance OF cooking
on 40 stnnll a scaIo. Had frequently gono Oh Q
car Of olfal from tho city to tie works at Aims.
worth. Was not aware Of any OF tho matter bo.
through carolessness. Tho application Of n
greater amount of s11lpl11ric acid than in tho
proportion Of 100 pounds to q ton Of blood will
not caueo 1t to attain n greater density. All gas
works is carried OF by s6-feet chimney.
Had four Fmokc-stacks, ono OF which la
65 feet high; tho rcilainder nre 80 feet
high. Was not present when tho parties
wero arrested for violating tho ordinance Of tho
Town of Hyde Park. They acknowledged, when
tho Juutice rcad tho ordinance; that they had
violated it. Tho contract hetwoon tho Company
and the raeltcra is that the lattor haul the refuse
from tho city NJ an equiyalont therefor. Tho
Packers Association Of this city have raisod &
Thousand dollars to MD In lcgal expenses againat
tho Hyde Park authorities. Hayo olored tho
Hyde Park authorities to yacatc tho property
Tor :50, 900, aud subsequently, for est, co.,. Told
Col. Bowon that ho felt confident tint ho
cp11i ftn trnr1I hy thn Yl,tE1t-
cd, without cteattng nuiaauco, and oxprossod d
Willingness for a payment Of $685. 600 to move
frum the present site. ....
1u ro-oxamination by tho company'e counsel,
Witness stated that ho was Invited to make d
prososition upon tho terms upon which LIE was
willing to move. Had noyor selected any Local
ton to move to In easo OF change. Have pnr-
chGsod tho right to llno q neW 3nacilino by which
the procoas eau bo carried on swiftly. The idea
Of going to tho Stock Yards depended upon tho
SUCCESS Of tho benzino process, by'whicll he be-
loved tho material can bo handled throughout
without Borious ofronso to tho public nostril.
Had it not boon for the fire, they would have
had tho process working at preHont. Tho inati.
tuition has noyor declared dividend.
The Court then adjourned uutll 10 o'clock
thie morning.
NEAR END OF TIE COAL oAsE.
There was grent deal Of oloqucnco used mp,
yesterday, in tic arguments OF counsel In tic
great coni caSo. Tho oration OF tho counsel fol
tie defendants WAS really worth dollar to 4ear.
Tho language wan beautiful. uo quotou shy.
lock, and requested the plaintiF to take Lis
pound Of aosA. without spilling ono drop o.
blood, md to mind to talio it from around tht
heart. lie also characterized tho argument q
tho othor side, with all due respoct, as bull
to tho caso was, In effect, that the coal had ru1
out, or tho coal was not tlloro
AID, therefore, the defendants could not b.
compelled to work that uon-uxistont coal. The,
worked oil tho coal tl.oy could find, but TINT wai
insufficient to carry out the construction
tho plaintiff placed on tho contract: Ho holt
IN apociuon of tho ooal exhibited, ant
dashed Ii down, donounong 1t as manglcd Hhale
llo ropudintod almost avery Interpretation. th
other side had p'acad, both on the contraotend til
fnc!s, and clatnlcd that on tho faota LIS witnoss
point, and crushed ont from their case tho las
Eembianco OF truth. Tl!en lie turnod to paag
19a, Dambridge, and other pages In other tol e
fascinating labyrinth Of law casos, In order +
show how tho old thing workoa whoro paop