Daily Republican., 1879-05-15

Glatts, ana upon Openlh4 tho o"oh oo"A
had to put my fingers to my nostrils
it is very offensive tc people driving
around the spot complaints always
come to me from my tenants IN summer
time and never in winter at one par
ticular time went through the place
and found fat boiling in the Bickta es-
tablishmsnt and in tho slaughter
houses.
At one o'clock the Grand Jury came
down with several new bills and upon
them being presented were discharged
until P. M.
Mr.. Dure's examination was contln
ued. Upon the question as to the time
of the occurrence Of the events MENTION
ed by Mr.. Dure being asked and an
answer "prior to the time laid IN the
Indictment" being given, discussion
betw cen the contending counsel follow'
ed in relation to the relevancy OF test'-
mony given upon matters prior to the
making out of the indictment.
The Court ruled that such evidence
As did DOT bear particularly upon
matters set forth in the indictment as
having transpired within the + months
prior to November last could not be ad-
mitted.
After this decision Court took a re-
cess.
AFTERNOON SESSION.
THE STATE CLosEs-MR. HIGGINS ON THE
PART OF THE DEFBNCE-THE BOARD OF
HEALTH ON THE STAND.
At 3o'clock Court re- assembled.
The Attorney General asked that the
fine of John A. Wilson and Vincent Y.
Walker convicted Of disposing of goods
without State license yesterday, be set
aside az the firm desired to take out a
stat. license and the latter had H.
cens.. In the case of Walker the whole
verdict was set aside.
Mr.. Dure, the unfinished witness in
the Bickta case was recalled ana stated
that he had experienced the bad smell
between August and November, anu IL
was offensive then.
William Miller sworn Live at ia
Ta,nall street, directly across from the
rendering establishment, have smelt
tn. noisome odor between August and
November it came from tat; and II
{ wasn't fresh fat either.
Cross examined The association
, which started this business was or,
pauizsd April IA, 1865, and it was sold
y ont to August Bickta somewhere III
= 1871 or 1872. ~.
Mr.. Pennington objected to the line
of questions and the court sustained
I the state in the ruling.
y Egbert Nntter sworn: Live III VIII
1 minpton don't know prisoner know
I where his place is live at 5l2 hme
3 street ; had to go by the place to my
!, home. there was bad smell there
;. and it was between the precribsd time
it was very offensive to me.
, Mrs. Esther Wollaston, sworn;-LlVt
a 3OS Jetyerson street, have lived ther'
. since 25th of March; have been III tn
Il neighborhood of Tatnall street between
:, August 1st and November.
y David Magill ,sworn:-Live at zoo Tat
% % nall street; board there with MIR. lrelai
:, y was living there between August ah'
% November; the smell that comes IRON
>. >. there is never offensive to me; am II
= the butch ering business. ,,
, David Connell, sworn:-Llve at l2l'
II Tatnall street; have lived there yea
=. since last March; never noticed an
VI odor between August and November
am Superintendent Of the Wilmlngto
y. 70 and Western railroad company.
r.. Daniel McCusker ,sworn:-Live at Il
70 West Sc, ond street, lived there in Al
gust; it is 80 feet from Tatnall stree
We know the place Of business OF Mr.. Blcf
r.. ia: have experinced bad smells sine
that time: have smelt it at the hous'
it was disagreeable smell; and can
va from Mr.. Bickta's place:
Cross Examined; Am shoe deale
I 7 have lived there since 1866; have 0
,ir casion 10, 10 gup, ,Tatnalt street; don
he know how often 60 past; go probao
once a week.
vi. John P. Springer, sworn Lave
S25 Washington street; nave 1--WE
there four years since August, and II
ed at 2O3 Tatnall street have pass
,ty by there about six times a week; ma
- passed by there within the prescribe
inf time and have experienced very b'
h. smells 80 much so, that it is very ha
ast for delicate person to keep anythil
on his stomach.
Cross Examined ; have occasion TO
Il in the vicinity of Second and Tatn'
streets about six times week "hei
of had gone by Bickta's place, | have sm'
those bad odors ;supon the fifth day
,s+ Decsmber, smelt this offensive smel
~. thought l would follow it up, and
70, saw man in Bickta's place, stlrrll
the tat took Mr.. Bickta out and as
;v. sd him if this smell could't be rem
to died. Mr.. Bickta replied tina the h h
pur done everything that could be done. ! !,
,ss witness then stated to him that II
~ of wasn't abated it would have to be ia
an before the Court. Mr.. Bickta tn
has angrily demanded why Henry McCol
and other rich men were not stoppt
The State here closed and Mr.. hi
a gins opened on the part Of the defen
AK He stated that every place is indictas
.ns because it is offensive; it must be
ss, bad that it is an injury to the nele
,oil borhood in order that it may be plat
' the under legal jurisdiction. He also sta'
thy to the Jury .na' ,.e s. s oonv;ct;on mi
o ond rest upon evidence direct to the en- H.
p;va that it is injurious to the nelgh porho'
he. that is arising from a continuous II
At sance and not from small or acclo'
,hls tai dissemination Of au etiluvla: !!
'D to rendering of fat can be conducted WI
" ont an offence to anybody and the g
il dence shall prove the point IN tne
to,s tirmative. For this there Will
tore TO- a brought witnesses who are unpre)u