The daily gazette., 1879-05-16

smell after the first Of August laoss IN
witness had smelled disguSan& 0l ,L
which he claimed came from
factory. but not until h was see1r
questioned did he admit st11af thea oonl
came from the sfxughtefshcu1es5 W.
fat was bel W rmdersd at tbsttnA aKgs
OF Mr.. VIM, Miller, a0aAnsoA
was a butcher who appeared 20 n1ysSs: !, Z,
If be comes here in an attemptstd drive
out an industry which Ah6cfs hsInb 49,
every other farmer In the counIye MRg
MI: Mr.. s Daniel McCusker in rsls4son "
the smell from the lfact0ry, was omS py
the testimoney of Mr. John Green. -
neighbor., who did not notice sny oNNeen1f
The testimoney and action '0f Nh
Springer, said the counsel, cann6es %
classed as in any degree fair 10 the deeek
dants in this case, While he claimea E2
be blessed with delicate nose, ne ha
not seem to have delicate lstomach, ana.
yet he appeared to look Into fheI condsel
tion of other people and say thet peno9a
with delicate stomachs would ne grestnalZ
offended by this smell HD bias 70 tnn
case is only equalled BY his assuinetsoA'
of control in the suppression ~ eSiSeoees
He is very much like the old gentleman aAp
now sung so much about, who ia, -.
Foolish up the handle of tae W ffont
That now he Il the fuisF ofths oasSA's
navee."i -,risii rnislniG J-eu 81
And he has evidently come TO the cop7
clusion that he can run the Court, wit
nesses and all. 'h'sti 80 V'D'
Mr.. Higgins then proceeded 70 lsuxA-'
marize the evidence addueed By the -
fence, which showed from perleps lvtpG
in the neighborhood and otherS who
passed the factory frequently, that there
were no offensive smells emanatin6 there.
from. The records of the Boerd l0f
Health showed that the nuisance CON- a.
planned of at the factory was Afterwards
reportedto be abated but II this 1siisahc6
was such as has been alleged In this
trial, it was certainly unabatable except
by the entire suppression Of the bu,i-
ness. ~ iNl n'NH ~
In conclusion, Mr.. Higgins said whoa
he first accepted this case be rested conf
dent that it would never be brought TO
trial. Indeed he hoped ,that the State,
after the evidence was all III, would
abandon the case. He hoped the jury
would not consider the half dozen men
who had testified to the existence Of the
nuisance as society, or, that that they
represented the thousands who reside m
the city. Rather consider In this case
which is the burden of evidence, and
say that the sixteen are society and the
six are not. Then take the six, and say
how many of them are there whose tes!
timony you can regard at all In coming
to verdict in this case. y ii 3airj bsjiisal
regret, said Mr.. Higgins, to have
been obliged to speak harshiy Of some OF
the witnesses in this case, but I only did
what honestly conceived to be my du.
ty. And as have tearlessly executed
my duty, let me hope that you will sleo
do yours, and not fhd these parties R1ll-
ty, when the charge Il uiististaFnbd by
the evidence and by the community 90 Il
At the conclusion of Mr.. .Higgins' Ar
gument Court adjourned until 10 O'Clock
tomorrow morning. 'l e' a''i'isif'
Duriog the afternoon the Grand Jurv
made the usual inspection Of the jail
premises, and found everything to be in
a clean and fair condition. '''