Daily Republican., 1879-05-14
FIFTH EDITION
OUR COUNTY COURT.
Third Days PROceedtnKs-Thc Tat
low Factory Before the COurt-An
Interesting Case.

Third Days PPoceedtnwr-Thc Tat
law Factory Before the COurt-An
Interesting Case.
81 ecially reported for the REPUBLICAN.
NEW CASTLE, May IA, 10.
The attendance as the session pro-
crosses is naturally decreasing. The
most important case to day is that
against the taliow rendering establish
ment of Bickta and George Adele, of
Wilmington. The principal witnesses
are the members of the Board OF Health,
who, it will be remembered, after an Of
fetal visit to the works, took legal
measures to have the nuisance abated.
A great number of other. witnesses on
both sides have been sutp~naed. An
thony Higgins, ESD, appears for the de
fence.
The State opened the case soon after
the Grand Jury had been called and had
retired to its room.
The following is the jury as empan-
eled: Richard 7. Lockwood, l.. ii.
Paxton, Stephen Cunningham, Joseph
Pierce, Lewis C. Springer, James Il.
Foote, Lewis Bennett, Joseph Van Pelt,
Patrick Hughes, James Culbertson,
Samuel Por,er and Frank A. Diehl.
Henry B. Pennington opened upon
the part of the State. He read the
statute governing the meaning and in
tent Of nuisan,e { as found in the COLI
mon law s-c'iun IS, page 1871 The in
dictment charged upon the detendeht
that in the pursuit of the business ON
Tatnall street above Second, from the
pressing of hides and the rending Of
fat noisome and highly offensive
smell was created which was highly
deaterious to the comfort OF the people
Of the neighborhood.
, The State did not mean to ask for
conviction on the ground OF its being
injurious to the health, but more par
ticularly because of its being offensive
to the citizens.
William J. Maxwell sworn: Live at
2l9 Tatnall street, opposite this fat
rendering establishment; know it to be
place where they ssll hides and render
fat; the establishment makes it very OBJ
noxous to us; have seen them render
fat there previous to November, the
time OF the laying of the indictment;
the smell is so offensive that witness
have had to close up the house to
keep out the smell; have seen fat taken
in that place in pea-green state, and
when it has been cooking it smelled
as though it wa decomposed matter.
Cross examined:-Have been there
about six years;have been in that place
once: went there when tae Board OF
Health visited il; il was clean then be
cause they had been cleaning and
scrubbing around from five o'clock in
the morning. Just for the purpose OF
preparing for the reception ofthe Board.
The smell is bad at all times but it is
more obnoxious when they are render
ing fat there: like smells do not come
morocco factories.
Have you ever smelt any of the kind
coming from morocco factory.
A.-Well have
Mr.. Pennington-l object to the ques-
tion your Homer, There may be
thousand morocco factories around the
place and it is irrelevant.
The Court sustained the defence in
the objection.
Examination continued There is a
factory at Third ana Tatnall streets
don't know who keeps it; such smells
did not come from a morocco Iactery
/ ln, 10 ~
establishment in the negh hborhood; Nc
Combs place is on Third and Orange
SITS. never experienced any smell from
the morocco factory at my home have
experienced a smell coming from mo
. rocco factory at Third and Tatnal
streets; but don't know who keeps it
know William Kyne; he never inquired
of lie in relation to the smells; he Lives
four doors below US on Second St.; h'
has been living there since 18th o
March: don't know if ever said any
thing to him to the effect that the smell
were not bad: when Board Of Healtf
visited it was on Saturday.
Thomas Holcomb sworn:-Am re
col der of this county.
Mr.. Pennington stated that it wa
his desire to show by the record tha
Mr.. Abele had the legal title to tn
property in question.
The testimony was admitted and
note from the record.
!. Mrs. Hannah Turner, swOrn:-Liv
~ at 225 Tatnall street, Wilmington; liv
on the opposite side of the street trol
the factory; have lived there nine q
ten years; have noticed smells comm
from the place; sometimes 1t is Offer
sive two or three times a week; do nc
, know that the smells atlectedour health
for five years there has been more sick
ness in my family than usual.
When cross examined by Mr.. Higgin
witness stated that she knew OF
!. other establishment in the neighbor
B. hood. the smells were the same year
- ago.
Q.--How bad is that smell.
- Aust as bad as Twant it. Laugh
ter.
1t interferes with my comfort ther
IL considerably, have lived there nil
years and ten months; rent my houS
;, from another person.
: Q.--You lived there then all thl
time: and could have moved when yo
wanted to!
' A.-ies, sir.
Mr.. Higgins earnestly and expectan'
L.. A,l IAt 4