The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-04
WIrCIKE'S cLiM DrGGHRs.
a Trial Invoicing an Alleged Nuisnnce, In
which They Were victorious.

FRFrHoLD n j.. Juno s. trial that has
engaged judge Walling and Associates Remsen
and Wheeler for several days in the Monmouth
County courts has soma interest for pleasure
sew lors who occasionally sail down the bay
Way'arrrs from Long Branch and Intermediate
spots to New York find dis, grccahle odor
always in the air when tho wind blows or
barren Island. But last summer they wcrc
favored hy "a or. So current from the opposite
direction that seemed To combine an indcscrih-
able collection " odors. The Preston Brothers
who have their office IA Courtlandt street and
mandatory Of fertilizers in Gtcenpo,nt
established another factory last summer ut
Point Comfort ON the Raritan Bay. to take adj
vantage of the fishing grounds on that point
with their plentiful supply Of moss bunkcrs.
which maNc "a valuable fcrtlizug constitucnt
Tho hardy clam dtggCrS srttlon along WuycHko
Creek bore 1t for q little while. The farmers In
the vicinity Use moss huukors for manure. But
this new one WIS too much for them. They
had tho Preston Brothers indicted for main
tanning "a nuisance. Senator liopkmnn WIS rc-
tanned 10 assist PROSECUTOR Lnnning on behalf
of tho State. Gen. Haght and ". H. Nreden-
burg appeared for the defendants. The clam
diGEers were backed 10y Capt. Brtton. Capt
residents 81 Kcyport. Some 81 these had first
interested themselves because OF the rumur that
was inluring the clam ana oyster plantations.
Peter Randolph, a representative clam digger
testified that he lives ut Granville. which Is the
modern namo Tor Waycnkc; that the odor is 50
bad that he hat To close his doors AMI windows.
and 80 pungcnt that it will even then penetrate
the cracks; that it makes his head ache and
makes him diHy' that there are about one
hundred families residing within radius OF
about mile from the factory.
About twenty witnesses supported Randolph's
testimony, Among them were Capt Brluon
and Capt. Waiting. The Rev. Mr.. Wilson OF tho
Baptist Church said he smells the odor two
mll,s eastward on the bay shore. SO that he
can't study and Il makes his family sick
The defence called about a. many witnesses
O. swear TINT they hardly AfGrIat tho Nl nrS
was not bad T. W. Arbine. "A manufacturers
expert, illustrated the process 10y which the
Preston Brothers Manufactured phosphatos by
suudry glass vessels AMI glass and rubber
adequate for making them without giving on
any offensive odors TINT would oe perceived
outside ~ the establishment and thnt he had
failed ~ per 'cive any IN approaching tho Inc
tory. la his opinion the gases and odor- are
not injurious TO health. MIR. Arblnr ADMITTED
composed Of wood. would not connne the doors
40 perfectly as The glass and rubber Of which
his Illustrative model was composed.
Thomas j. Preston and Charles Preston de-
nied That their factory gives an offensive odor
Dr. Taylor Of Mddletown. whose practice car
rios him through Nuycake. had never smclt
the 9dor OF the factory at any distance and had
not heard % any sickness from the Odors,
DR.. John j. Craven. author OF " The Prison
| Life II jefferson Davis. " no has given much
City and elsewhere. had examined the most
delicate forms Of animal and vegetable He
within n radius 81 n quarter of a mile from the
factory. and found that they had not been af
tccted hy IL emnnntiona.
Mr.. Nrcdenhurg, for the defendants. argued
that the complaining residents 81 Wnycake were
supersrnsitive. and that nothing worse than
the m sS-hunkpr odor- among VIII 'h they had
been reared had come from the factory.
senator B"ekmun. on behalf Of tho prosecu-
tion. conteudcd Tor the right 81 oven the Way
cake clam digger 70 Iurs air Way cake. he
said. had given birth 10 some Of New Jerseys
most distinguished men,. Tho late United
the WalllnEs. and ArrowsmIths were natives
~ Maycukn.
Judge Wallng charged clearly and vicor-
ou-ly upon the law and lr't the facts o. the jury
who found tine d"feudauts gu 49, They were
fined $50 and costs. and th" clam digErrs OF
Waycake marched out of courttriumphUut