The daily gazette., 1879-05-15
SECOND EDITION
THE COUNTY COURTS.

THE COUNTY COURTS.
YESTERDAY AFTERNOONS
PROCEEDINGS.
THE TALLOw FACTORY CASE STILL
UNDER wAY-AN INTERESTING
RECITAL OF SMELLS, BOTH
OFFENSIVE AND NON 20
OFFENSIVE. ...,..
Especially reported for the 9AsErTE.l
New CASTLE, May IA, 1870.
In the case of State VS.. August Bickta
and George Abele, Caleb Miller, propri-
etor Of the White Horse hotel, Second
and Tatnall streets, testified to noticing
the smells from the factory, and that his
family and boarders complained of it.
David Woolman, of No. 222 West St.,
testified that the smell from this factory
would frequently go all through his
house, and was very offensive.
Lawrence Glatts testified that he had
frequently visited the factory and noticed
the offensive smells; had visited 1t once
with the Board of Health, when he was
a member of that body, and found every
thing then very clean. When the estab-
lishment was rendering fat and diseased
hams the smell was very offensive. Wit
nesses' daughters kept store at 221 Sec
ond street, around the corner from the
factory, and the smell was so offensive
that both were made sick, and one now
lies at the point of death. They had to
stop keeping store on account of this bad
smell.
Being cross-examined, witness stated
that one of his daughters was in the
habit of having her dinner sent to the
store, but frequently was unable to eat
on account of the bad smell.
Henry F. Dure testified that he owned
property on Second street, near Tatnall.
That he had received complaints from
his tenants about the smell from the
factory. He investigated the complaints,
examined the factory, and complained
of it to the Mayor, Council and Board of
Health. Once when he went into the
store of the Misses Glatts and opened
the back door, the smell from the facto-
ry was so offensive that he had to put
his hand to his nose. His tenants in
that neig ghborhood had left on account
OF the smell. One man stayed In
house from March to June, but when
the soap factory opened out he left.
At this point counsel for the defence
contended that evidence to prove the
existence of The nuisance could only
cover period from the first of August
last, the date alleged in the indictment,
and the time of the finding of the indict-
ment, in November.
The Court sustained the point, and
ruled out all the evidence not comprised
in these two dates.
The Grand Jnry returned with some
true bills, and at 1.3O o'clock Court ad-
journed until 3 p. m.
AFTERNOON SESSION.
Court reassembled at three o'clock.
Attorney-General Pennington called
the attention of the Cours to the case of
John A. Wilson, who was found guilty
of buying and selling without a license.
He said Mr.. Wilson had been and still
is absent from the State, and as there
was no one about the establishment
who could act for him in this case, the
Attorney-General said he would be sat
isfed to allow the defendant, in lieu of
having sentence imposed upon him, to
take out license and pay all the costs
of the case.
In relation to similar case against
Vincent c. Walker, the Attorney-G -Gener-
al stated that the witness had license
and asked for stay of proceedings.
The Grand Jury were called and re-
tired to their chamber.
The case of State Us. August Bickta
and George Adele was resumed, with
Mr.. Dure on the stand. Ne testified
that he had frequently noticed the smell
coming from the tallow factory between
the first of August and the first of No
vember.
VIM. Miller, of 215 Tatnall street tes-
titled that between the first of August
and the first of November, the offensive
smells emanated from the factory two
or three times a week. Could notice
the smells all over his house, and when
coming home could detect it as soon as
he turned the corner of Second and Tat
nall street.
Egbert Nutter testified that he had
frequently passed down Tatnall street,
between the 1st of August and the 1st
of November last, and had noticed
very offensive smell coming from the
tallow factory every time he passed.
David Magill testified that he had
boarded at 205 Tatnall street for five
years, but the smell from the factory was
never offensive to him. Witness said he
was in the butchering business.
David Connell testified he had fire.
quently passed the tallow factory, but
had nothnoticed any offensive smells dur
ing the time specified.
Daniel McCusker, of No. 216 West
Second street, said that between the first
of August and the first of November he
had frequently noticed the offensive
smell, as often as three times a week.
The smell came from Bickta's factory,
and was offensive to witness and his
family.
John P. Springer, Clerk of the Peace,
testified that between the first of August
and November he had occasion to pass
the tallow factory from two to six times
per week. Could not pass at any time
without smelling smell. 1t was a
very offensive smell, so much so as to
render it, a hard matter for delicate
person to keep victuals on his stomach.
Witness said his stomach was not deli
cate, and the smell only offended his
stomach on one occasion.
Oh the 9Th day Of September witness
was passing by Second and Tatnall
streets and the smell was so bad that he
went up to the factory. Mr.. Bickta was
there. and also q man stirring fat. Wit