The daily gazette., 1882-08-24
ALONG SESSION.
Many Minor Cases and a Very Interesting
One Disposed of.

On0 OtspOsed Ole
The general impression last evening was
THAT the session of police court was very
likely TO last all night, and as prisoner after
prisoner was placed in the dock, the Mayor
and reporters heaved sighs and wondered
that the end was not yet.
|. Hugh +. Sweeney was the first man ar
raigned, being charge by Mrs. Ann DOYLE,
with having furnished her son Joseph, a
minor, liquor in sufficient quantities to make
him drunk. 1t was fully proven by young
Doyle and Others that he had partaken OF
beer and porter in Sweeney's establishment.
The Mayor held the defendant In $3.50 to
appear at court, Joseph Stgckle going his
security.
Mills q Combs, for maintaining nuisance
at Fourth and Spruce streets, formed the
most important and interesting case of the
evening. The firm was represented by Lewis
q. Vandegrift, Esq, who at the beginning
made motion to have the indictment or
warrant quashed as being informal and In
sufficient. He argued that the crime was
not set forth In clear enough language nor
the particular offense stated.
Levi q. Bird, representing the property
holders, said 1t was not necessary to go
through the same formalities as is observed
by cases tried by jury. He said that the
ordinances in regard to nuisances had been
wisely put in pamphlet form by the Board
OF Health, and very properly gave the Mayor
power to act. Nuisances, he continued,
may arise at any moment and need prompt
attention. We're they all kept and referred
to the court when In session, there would
be but four times year in which such
grievances could De heard and disposed of.
The authority was therefore given to the
Mayor, and such was the intention of the
Board of Health under whose direction the
ordinances were enacted The smell from
the forges of Mills u Combs was anuisance
Executive Officer Ward, Dr. A. II. Grim
shaw, John Calhoun, John II. Savllle, Will
liam D. Sparks, Mrs. Jane Calhoun, Mrs
Mary Ann Sayille and Mrs. Catharine Evans
testified to the offensive character of the
gas and smoke continually escaping from
the forges of Mills & Combs and said that
1t had caused sickness in the families of John
Calhoun and John II. Savile. For the de-
fense James Mills, W. H. Everett and John
Mills testified to the effect that the smoke
came from the engines of the P, w. & b.
railroad.
Mr.. Vandegrift, when the evidence was
all in, said that he wanted to prove that the
factory was In q proper and convenient
neighborhood and made no more smoke
than similar establishments. He said the
prosecution was an attempt TO drive away
one of the industries of the city, which, If
successful, would apply to all large estab-
lishments In the city. He referred to Pitts
burg and remarked that If the citizens there
were to complain of dust and smoke it
would ruin the city. An English decision
was quoted, in which 1t was declared that
factory was not a nuisance when erected in
"proper and convenient place." such as
Fourth and Spruce streets undenably
WAS.
Mr.. Bird said the smoke and gas issuing
from the forges was an open and palpable
nuisance, which could be remedied. Other
firms never had complaints made against
them, and no one objected to smoke from
p, w. 81 B. engines. He was the last man
to injure the Industries Of the city, but the
nuisance had existed for over two months.
He would not live In John Calhoun's house
If 1t was given to him, as the smell and
presence of gas and smoke there was horri-
BILE. A judgment ofS40 was therefore asked
against Mills IL Combs.
The Mayor thought 1t was clearly proven
that the smoke and gas from the forges was
a nuisance and SO decided. He wanted the
city to prosper, but thought the people gem
orally had rights as well as the manu-
facturers.
Mr.. Vandegrift Immediately gave notice
of his intention to give security for the costs
and fine and to take an appeal from the de-
cision ST the Mayor.
Mrs. s. Tilghman, about 60 years of age,
and woman who, had she lived 200 years
ago, might have been burned for witch,w
sentenced to $5 and costs for abusing and.
threatening Alfred Lewis and his wife, who
were her tenants.
Joseph Dougherty, for violently assault
ing Officer Blackburn, who arrested him at
Fifth and Market streets yesterday for being
drunk, was given $5 and costs for doing
nothing"
John Anderson, from New Castle, who
confessed to having been on a spree since
Saturday, was fined 81.
Dennis Mcguire, young rough, who
didn't want tobe arrested for drunkenness,
was given S3 and costs, which he declared
was good for 80 days at New CASTLE"
John 0'Donnell, who was "only little
out of the way" was given chance to add
81 and costs to his liquor bill. Michael
White, an umbrella man, who got off his
base, because he was refused work, was
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