The daily gazette., 1879-05-16
FIFTH EDITION.
The County Courts.
THIS MORNINGS PROCEEDINGS.

FACTORY CAsE-THE CHARGES OF |
THE CoURT-THE CASE IN THE |
HANDS OF THE JURY.
[ Especially Reported for the Gazette.1
New CASTLE, May 16, 1879.
Court opened at 10 o'clock this morn
ing, Judges Comegys, Wootten and
Houston on the bench.
The grand jury were called and retir-
ed to their chamber.
ii. X. Pennington, Esq, closed for the |
State in the case of the State VS.. August |
Bickta and George Adele, for maintain
ing nuisance at their tallOw rendering |
factory on Tatnall street above Second,
Wilmington. He gave his legal cita-
tons to the Court, and then addressed
the jury upon the general principles of
the case.
He claimed that question for the jury
to decide was simply one of fact. Con-
tinuing, he said he must regret the mode
and manner of argument adopted by the
counsel for the defence. He claimed
that the Opposingcounse had taken the
witnesses for the State, seridtim, and en-
deavored to impeach their honesty and
integrity before the jury, as fair and i'm
partial witnesses. In manner chafac-
teristic of the profession Of many of the
witnesses for the State, he had "slaugh-
tered and butchered them"
1t certainly was not fair, proper and
impartial manner Of treating the case,
and could only be explained on the
ground that s'diseases desperate grown,
require desperate means of removal"
He evidently believed that he had no
other way of defending his desperate
case, than by attacking the States wit
nesSes.
Mr.. Pennington said he would not fol-
low the example of the counsel for the
defense, and therefore would not attempt
to impeach the character and integrity Of
The witnesses fer the defense. OF the
twelve witnesses for the defense who tes-
titled that the smell from tile factory was
not offensive to them, he said that be &C.
cepted their statements with entire can
dor. They were butchers and had been
engaged for years in q business that fa-
miliarized them with the kind of smells
that we're alleged to come from this fac
tory. OF course, therefore, these smells
were not offensive to them, but this did
not prove that they were not offensive
to other people not engaged in the same
business.
Mr.. Pennington, in reviewing the mode
| of evidence addused by the State, said 1t
was not necessary, in proof of the ex's-
tence of the nuisance. to summon all the
citizens of Wilmington to testify wheth-
| er or not they had noticed auy Offensive
smells while passing Bickta's factory.
He then reviewed the objections raised
by the counsel for the defense to the
| evidence given by the States witnesses,
with subtle argument and convincing
statements. He presented the States
evidence to the jury in Its strongest light
arguing that every point Of 1t substanti.
ated the charges Of the indict
Inent, and proved that the
factory was nuisance TO the neiphbor
hood, and an injury to business and pro
perty.
In reviewing the evidence for the de
fence, MI. Pennington commented upol
the significant fact that Fomo of the wit
nesses positively testified thar the.
never smelled nothing at all at tho fac
tory, while others testified that they no
tlced smells, but they were not offensive
to them.
In conclusion, Mr.. Pennington claimed
that from the evidence of the case ths
Stale claimed verdict of "guilty, which
he confidently ex pected the jury to rem
der.
During his argument Mr.. Pennington
was frequently interrupted by the eOun-
sel for the defence, until he rStaliateG
by reminding Mr.. Higgins that his argu
ment had not been interrupted at all, A.
though it contained statements the State
could have properly objected to.
Mr.. Pennington concluded his argu
ment at 1l.20 o'clock, and Chief Justice
Comegys delivered the charge to tn,
jury.
He stated that the defendants had bee,
charged with maintaining nuisance. !
had been proved that the building II
which the nuisance was alleged to b
maintained, was in the legal ownership
of A hele, and in the possession of Bickta
There was no evidence that the busiaes
during the time specified In the indict
ment, was conducted by 4 belle, eithe
as partner. or on his own account. III
was not therefore, at all liable, and tn
Court would SO instruct unless it was es
business was nui, ance. and that Abel
rented the premises to Blckta, for thi
purpose.
For one who rents aproperty to anotf
or for the purpose of maintaining Q nu
sauce, is as much liable as he who mali
tains it. There is only an inference this
Adele had any Knowledge In relation I
any nuisance, and he is entitled to til
benefi of all doubts in the case.
After defining the legal nature Of nu
sances, the Court stated that their bus
ness of rendering fat was one whic
should be considered nuisance, unlel
the defendant has established by b
evidence that he is not.
At II 40 O'Clock the charge was finisl
ed, and the jury retired for consultati0
A jury was next empanelled to try IL
case of s tate VS.. Joseph Der1as and A
8 drew Harman, colored, for the larceI
of twenty-one chickens from Thomas
Harris, Of Christiana Hd., on the 14th
!. January last Thomas Harris and Am
= liza, his wife, testified that the chickel
, were stolen on the night of Jan. 13t
! and that they found them next day
the police station in Wilmington.
Oficcr Carey testified to arresting D
riss in Wilmington, with the chickens
his possession. There was another m;
With Derias at the time, but he escape
Witness thought this man was Harma
and Derias said Harman Vas the ma
Sergeant Whelan testified to arrestil
e Harman, who tried to avoid the ARE
by running away.
Hartman undertook to prove an dlit
1 but bis witnesses did not support hi
worth cent, and only afforded anus
ment for the Court.
, Harman made an earnest plea for III
erty, asserting his entire innocence. II
\ jury, after consulting together for q fe
, minutes, returned verdict of "guilty
without leaving the box.
The prisoners were each to pay $40.
y restitution money and costs Of prcsec
ton, be whipped with 20 Dashes on Sa