Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1881-10-05
WANr TO van
Until the Public Pulse Goes Down.
The Water Company Plead for
Time TO Answer the Indict-
ment.

uCu bnc Cdo6 vi Tue DOdlC VI LUZ
ressee against the Water Company,
indicted as a nuisance, wa called this
forenoon before Judge H~orrigan,
Colonel CAN'T, one of the attorneys
for defendant, read the following afi-
davit, upon which he asked a c%ontin-
uance:
The defendant makes oath that the
indictment in the case was found at
the present term, and that this is the
first term at which the case is regu-
larry triable, and hat there is too
great an excitement to its prejudice
to come to trial at this term, and it
therefore prays for a continuance to
the next term, for the ends of justice
and not for delay. The causes OF the
excitement are manifold.
First-The great majority of the
community is either directly or indi-
rectly affected by the alleged crime.
Second-It is charged that the al
legged crime has produced in the midst
of the population of the city epidemic
diseases and has increased the death
rate.
Third-It is charged that the
alleged crime is willful and for the
sake Of gain, attributing the great
wrongs charged to the mesnest Of
human passions.
Fourth-It is charged that they are
utterly Indifferent to the gross OOnse-
quences imputed. The corporation,
which, it is alleged, is rich, and the
stockholders, also alleged to be rich,
have taken either no steps or no ade-
quatc measures to avert the conse.
quenccs of the alleged wrongs.
Fiith-That the corporation and its
owners have reaped and are reaping a
golden harvest, and have watered the
stock because Of their great gains,
and by way of raillery and bitter
taunts are charged with watering the
l stock, but failing to supply the public
with water.
Afiant shows that the charges
: have been repeated almost daily fol
o weeks by the entire press Of the city.
. Three dailies denounce the company
and the stockholders aud ring
the charges, with variations on these
2 charges, and have been doing so fol
d weeks. In this way, with these in.
+ Aammable appeals and the stream Of
abuse and ridicule, the whole public
mind has been doctOred and with
rare exception filed with prejudice'
and worked up to a white heal
against defendant. The few who
offer a word of excuse
or apology are overwhelmed by the
voiceof the many, which in its present
state has judged and condemned and
looks forward to a trial as only a form
to render their judgment Of guilty
which is already made up by the ex.
! cited public. Afiant begs leave to re
! fer to the files Of the daily press KEEP
! in the library adjoining this court room
: in corroboration ofmuch that is stated
=, in the affidavit. Afiant is not guilty
it will disprove these great charges
: but proofin the midst Of great public
. excitement often fails to convince.
Hence the law provides for continu.
q ances in such cases until the fever
that excites passes away, giving place
to a sentiment that makes it possible
/ to have a fair and impartial trial"
Judge Horrigan heard the attorney
, through, and remained obdurate. The
, reasons advanced were pronounced
not sufficient grounds upon which to
grant a continuance, and the defense
, was given until tomorrow morning Ia
prepare another affidavit.
Fresh Oysters received daily