Ashtabula weekly telegraph. [volume] (Ashtabula, Ohio) 1853-1873, 1873-10-25

The GLuR FACTORY NUisAFcB-Upon
motion for modifying the injunction upon the
manufacture Of glue, setting forth by Gcop-
plnger, the defendant that II allowed he was
able aud ready tO resume the manufacture al
the old factory without annoyance or reason.
able objection 10 the nelgllborhood. Judge
CANFfELD, therefore, held hearing at Sher.
man q Halls Office on Saturday last Numer-
Gus witnesses were put upon the stand, and
testified respectively to the objectionableness
and unobjectionablenes Of the manufacture.
Three OF the Doctors OF the place admitting
the stink, gave the received opinion that the
decomposition of animal matter was not dele
tcrious TO health Or. Games, who practices
n several families nearest to the factory, aud
in which there has been considerable sickness
and some Deaths was Of the opinion that the
influence of these sienches had been prejudi-
cial to health. Thus, while the majority Of
the doctors endeavored TO remove the Objec.
ton to the manufacture on the score Of health
and wholesomeness, the rank and file of the
Democracy--for the witnesses were arrayed
by party lincs-smelled little or nothing un-
pleasant and, therefore, threw their testimony
in the fnce Of the doctors, and against the
claim that the manufacture was a sinking
nuisance. The testimony introduced by the
defence went To strip the thing of both the
qualities that are held in law to constitute a
nuisance. The witnesses on the other side,
labored under disa dvantage, from the ma
ture OF the case, in demonstrating that the
sickness and death that had visited some Of
them was attributable to the manufacture of
glue, though this might be their belief Of the
annoyance of tue effluya and the necessity of
closing their houses in order to make life toll
erable, and the corrupting of the stream from
the washings of the olfal, their stronghold
could hardly be assaled, by the inability OF so
many Democratic nOses to detect anything un
pleasant about the neighbOrhood Booth was
council for the defendant, aud took brief re-
view of the testimony aud the bearings of the
case, and yielded to Hall, who conducted the
cause for the complainant. Mr. Halls argu-
ment was also brief,but compact and his points
well chosen. Judge Garfield took com
prehensive and clear view of the matter, and
showed his readiness To do full justice 10 the
defendant without compromising the rights OF
the complainant, or exposing the neigbbor-
hood TO an abrids of their common
blessings-pure air and wholesome water
Judge Cantield's order seems TO give gener-
al satisaclion, MS no one wishes to interfere
with an industry about which there is no
reasonable objection.
The opinion, however, is more or less COM
mon, that the manufacture cann"t be relieved
of its objection, but the order is accepted in
the split in which it was made, that he shall
have an opportunity of putting his claim to
do so, to fair test The Injunction was a
positive prohibition of the manufacture OF
glue. The following is the order Of modf-
cation:
IT is ordered that the injunction heretofore
granted herein is s0 far modified as To permit
said defendant 10 resume AMI pursue the man
uIacture of glue on said premises until the
further order Of the Court, in such manner
only as shall cause no injury or annoyance to
his neighbOrs OF The public.