Daily Republican., 1879-05-16
OUR COUNYF COURT.

The Fat Factory C0se BEFORE INC
Jury-AntnOny Higgins Spicy
Argument-N0ses and their Pc.
cuIiarities. Why Butchers Nasal
Organs are Different From Those
fOiher Peoples.
Specially Reported for the Republican.
NEW CASTLE, May l3, 1879.
[The proceedings subsequent to those
published in yesterdays late editions
are as follows:
Court re-assembled at 3 o'clock.
After the Court had been opened in
due form, Samuel Maeallister ESQ, call
ed attention to the application of John
Primrose, sewing machine agent Of Will
mington found guilty for selling with
out a State license to have the verdict
set aside on the ground that he had a
State license This application the
Court granted and the Clerk of the
Peace therefore will be responsible for
the costs.
Deputy Attorney Robinson opened
the case on the part Of the State. For
the information of the jury he read the
statute where it stated that tallow rend-
ing establishments and slaughter hou-
ses are prima tacie evidence Of nuisance.
Such place as that of Mr.. Bickta has
been proven highly offensive to the
community as place which comes un-
der the meaning Of the statute.
This fact has been proven by the
number of witnesses for the defence,
sixteen OF them coming from the vicin-
ity of the place who are fully capable
of knowing of that which they speak.
They have experienced the smell, and
as they state have had their sensibili-
ties so outraged by the offensive odor
emanating from the rending establish
ment until their physical comfort has
been so impaired as to make existence
in that locality as particularly disagree
able. He reviewed the evidence OF the
witnesses for the defence, and tavorably
commented upon it. He then took up
the evidence adduced by the witnesses
for the Defence and concluded with the
claim that a clear case had been made
out by the State, and asked that YER
dict of guilty of nuisance be rendered.
He stated that the defence came ma
teriallv from butchers who owing to
their peculiar business are not capable
of Judging, which fact alone went to
reveal the extreme weakness Of their
side of the case.
For the information of the court he
cited several authorities after which
Mr.. Higgins addressed the court, upon
several points of law bearing upon the
case. In addressing the jury he said !;
In order to make every thing clear he
felt it to be his duty to do his utmost
to make the case clear. He had no
doubt it was clear in the minds of the
iury: hefelt satisfied in this, resting as
did upon the evidence which goes to
show that society in the general sense
of the term has not been injured. II
such was not the case and there exists
Aesitancy upon your mind, then
through wise and judicious principle
of law you give the defendant the bene-
| ii, of every reasonable doubt. There
has probably never been case put
before jury which more concerns all
classes, more particularly the interests
of the manufacturer, than does this
1t does not effect manufacturers III VIII
mington alone, but threatens industry
III every section OF our Stale.
The vital question is; shall manutac-
turers be permitted to carry on thell
business in our communities BY al
affirmative sequel to this prosecution
every manufacturers place which
makes any noise or effects the comfort
of the people whatsoever is answerahle
For the State there were thlrteei
witnesses, for the defence there were
twenty four. OF those sixteen only 81!
live in the neighborhood and agalns
those six are sixteen who live in th
neigh borhood who are here for the de
fence. Whom are we to believe ? Napol
con said that Providence was on tn
seal of the biggest batallions. We hav
the preponderance of evidence as wei
: as the truth in the case.
Chief OF Police Maxwell is one o
the witnesses for the State he i
what we call good witness in fact h
is too good. Mrs. Turner comes next
she was getting good thing out OF thl
bad smell, and she believed that it wa
owing to the smell that the landlor'
reduced her rent. There, too, was Mr.
Woolman, who has the best nose eve
heard of; it goes OFT at long range an
with wonderful accuracy he has sucl
. an exquisite nose that on Orange stree
, he could distinguish not only tallow
: but actually smelt MIR. Birkta's tallow
| have No doubt he believed it but cal
! we accept Mr.. Woolman's statemen
/ that the tallow he smelt on Orang
street was Mr.. Bickta's tallow and no
) tL at of Mr.. Martins All his animu
arises from the fact that his nose i
loud and will fire off at long distance
and through two rows of brick houses
If Mr.. Bickta or anybody else would 8
to Mr.. Woolman's and lay the tip Ell
, of his finger on his blacksmith shop
how he would dance and bounce
, "Don't drive me out of Wilmington,
he would say, 81 don't care how mucl
you drive others, so you don't driv
me-"
Mr.. Glatts comes next. He actual.
threw his dying daughter in the scale
| stood aghast as heard his words
As for him We have the records OF tn
Board, Of which he was member here
When we asked for its admission, tn
State thought it had peg upon whicl
to hang its case. If it can get an,
counsolation out it Oft is perfectly wei
come to it. We have got Mr.. Glatt
} fine Laughter. Upon that recor'
Mr.. Glatts is recorded as having report
ed a nuisance ofMr Bickta's place abat
ed; and here he says to you that tn
Bickta establishment is a nuisance
, When Mr., Glatts got upon that stant