Daily Republican., 1883-07-09
THIRD EDITION ,
MUNlClPAL COURT.
One Case Disposed OF this Morn
10S.

lng.
This mornings session Of Municipal
COur was opened at y o'clock with
Judge Cummins on the bench.
The case of Char.es Clifton, charged
with violating Il city ordinance by erect
ing stand or booth on the public slree,
was called by the Court. j. H Hol.
tscker, ESQ, appeared for the defense,
and asked to have the case postponed
10 allow him time TO inquire into the
facts, and the Cuart agreed 10 con-
tinue it until the 25ld OF rnls month.
The City Solicitor tben read the lntor-
matt On filed in the case ot Samuel ID.
Forbes, charged with maintaining a
nuisance or rr .lnises md ny him III
the E..e>rutL Mard. The case was taken
up for trial, and Clerk Frazer of the
Board Of Health sworn and testified
that the matter had been rep rted to
the Board, who, after examination by
q committee, ordered it's abatement.
That notice was served on MIR. Forbes
by Executive Officer Schultz to
abate the nuisance, but he had failed to
do 10.
William Forsyth testified that he ow-
ned a house in the vicinity OF the prop
erty belonging to Mr.. Fvrh =; That h."
rented j. TO a man nan'u Fisher, who
Omplainci 20 the witness that the
premises Of NJ. r'orb., was no. pr,vi-
ded with private we'll and that he
was annoyed by the smell. The wilncs,
examined the place and found box
about two fee, deep slEk in the ground
flied with water, and hen complained
to the Board o: Hral.h Did not know OF
his own kn"y "ise ,nat it was used
as q cesslDu..
Drs. Grlln> .aN and Springer testified
that they hM! visited the place and
found large box nearty full of water
1t was parity enrlo,td, and the wonal
who lived III the house SAID she wishe,
the Board of Health would take noIIc'
of the matter and make Mr.. Fnrbt
build privy. The witnesses Reported
the place as a nuisance.
Samuel W. Schultz testified that Ii
served IA notice on Mr.. Forbes to abaj
the nuisance, which lie had tailed to Il,
This CLOSED the evidence for the prose
cuJior, and Mr. Forbes made II stat
meut to the effect that he lad con
meuced to erect a privy at that place
but upon finding the water came il,
was abandoned, and had never bee
used a. IA cesspool. Atter he was 1T
tilted by the Board Of Health, he visit
ed the place, and failed to find til
least smell.
Several witnesses were examined tn
the defense. who testified that tller
was nothing but water in the box, am
that Immediately after Mr., Forbes wa
notified he had the place filled mp wit
fresh dirt
A lady who lived in one of the house
complained of stated that the place Wa
never used as a cesspool, but woul
always fill with water when
rained.
She had bailed it out a number G
times, and il was now filled up witt
fresh dirt anu was entirely removed
The place vas near the window, and
it ha,, bee n offensive she could nc
have tolerated it.
Mr.. Forbes made an BILE argumen
in his OWL defense, and contendrd tha
it had n,i been shown by any Of tn
witnesse, that any nuisance existed .
the premises, and said that he was SUI
prisrd that suit had been entered. Fl
admitted the tact OF the place being fu
of water. hut denied thai it was at an
time III All offensive condition.
Judge tummins decided that tt
Board ofH-alth wer the proper persol
to look after the sanitary condition {
the ii y and determine what constitute
a nuisance, and as they had declare
this place nuisance, it was so al judi
ell by the Court, and Mr.. Forbes sci
fenced to ray a fine Of $lOanl costs.