The daily gazette., 1879-05-16
SECOND EDITION
THE G. COUNTY COURTS.
T II URSDAY MORNINGS PRO
CEEDINGS CONTINUED.

CEEDINGS CONTINUED.
WHAT YESTERDAYS PROCEEDINGS
OVERWHELMINGLY IN THE
TALI.Ow CASE.
Especially reported for the GAZETTE
New CASTLE, May Is, 1870.
Lemuel Peekey testified that he lived
next door to the tallow factory and never
noticed any smells that were offensive.
Joseph Richardson, of 200 Tatnail
street, testified to the same effect. On
his cross examination witness stated that
he once signed petition asking the
Board of Health to abato the nuis ance
at Bickta's factory, but said ho did 1t
thoughtlessly.
William He'll, proprietor of the beer
saloon at 227 Tatna1 street, John Morri-
sob, butcher, Of 228 Tatuaii street, VIM.
Vandeventrr, of 222 Tatnall street, Geo.
Holt, of 227 Tatnall street, (who Is in the
same business AZ Messrs. Bickta and
door to the factory for seven years, Geo.
LutZ, butcher, who lived at Dos Tatnail
street for several years, Alfred JohnsOn,
who formerly lived at 2l2 ratnall street,
and Patrick Lally, proprietor of the II.
quOr store at the Northeast corner OF
Sec md and Tatrall streets, all testified
that they never smelled any odors from
Blcktas factory thai were unpleasant to
| them.
John T. Lee, hu lder, of No. 200 West
Second street (hext door to the store
formerly occupied by Miss Glatts) testi-
fied that he never smelled any unpleas-
ant odors from Bickta's factory. The
most unpleasant odor to him came from
the sever that runs under Secoud street.
| John Green, who formerly kept shoe
store at 2l6 w. Second street, testified
that he used to smell the talIow odor
from Bickta's factory but it was not q
disagreeable odor to him.
Hiett Hut on, who had lived at 245
Tatnall street for thirty years, testified
| that he had never known any offensive
smell to come from Bickta's factory.
August Bierman, Of Fourth and Tat
nall streets, testified that he had very
frequently visited the tallow factory but
never noticed any unpleasant smell@.
VIM. Kyne, was sworn and asked if
| VIM. j. Maxwell had not said to him
that the smell from the factory was not
very bad, aud ad vised him to move into
the neis ishborhood. The State objected
to the question, because Mr.. Maxwell
had not denied making such statement
to Mr.. Kyne, but had simply stated that
he did not do so to the best Of his know
ldge and belief. The Court sustained
the objection.
The witness then stated that be had
| frequently passed the factory, but never
noticed any smell except the smell of the
tallow, which was not offensive to him.
James Mcintire, butcher, and Michael
Devine, butcher testified that they fire.
quently passed the factory ard smelled
unpleasant odors.
Mr.. Higgins then offered in evidence
the ordinan ces of the City Council Of
Wilmington in relation to tho health o
/ the city and the defense closed.
| Court, at 10 o'clock took a recess unit
! o'clock p. m.
| AFTERNOON SESSION.
Court met at 3 o'clock, this afternoon,
Judges Comegys, Wootten and Houston
on the bench.
Upon the application of Austin Har-
rington, Esq, new trial was granted
in the case of j. II. Primrose, of Will
mington, who was found guilty ofbuying
and selling without license. Mr.. Har-
rington stated that Mr.. Primrose had a
license for his business, not in his own
name, but in the name of the American
Sewing Machine Company.
A new trial was also granted to Vim
cent c. Walker, found guilty in the
same manner, upon the application of
S. A. Macallister, Esq.
The grand jury were called and retir-
ed to their chamber.
Deputy Attorney General Robinson,
for the State, addressed the Court and
the jury in the case of the State us. Au-
gust Bickta and George Adele. He cit
ed the laws and authorities defining nui-
sances, and then debated the general
principles of the case, claiming that nc
business detrimental to the public health
or convenience could be conducted on
the plea of public necessity. He quoted
the records OF the Board of Health to
show that the factory had been reported
as a nuisance by the members of that
body, on the 10Th of September, and the
nuisance reported to be abated on Octo-
ber 21st. He reviewed the evidence oi
the State, upon which he claimed YER
dict of guilty, and asserted that the evi
dence for the defence comprised only
two classes of the Board Ol
Health and butchers. The latter were
engaged in almost the same business a.
the defendants, and were therefore
scarcely competent to decide what is or
what is not pure atmosphere. He
claimed the State proved that talloW
rendering establishment was kept on &
public street in Wilmington, and that il
was a cause of annoyance to persons liv
ing in the neighborhood, on which
grounds he would expect verdict o
guilty.
Mr.. Higgins argued for the defenct
and after giving his legal citations t.
the Cout, addressed the jury briefly
He claimed that this case affected tn
conduct of the business interests of Will.
mington, all of which, he asserted, wer
more or less obnoxious or disagreeabl'
to the senses of people outside. HI
claimed that the prepOnderance of eyi
dence adduced was to the effect that th'
factory was not nuisance, six person.
living in the neighborhOod having testi
fled that it was nuisance, while twelv'
had testified that it was not. He assail
ed the credibility Of the testimony giveI
by the States witnesses, claiming tina
the evidence of VIM. j. Maxwell coult
not be considered in the case, as it clear
lv onpaarad tO hn antuatQ1 nv ma1iC