Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1883-08-09

maintaining nuisances in the filthy Chimes,
quarters. The first case called was that Of
L. C. Chandler. He appeared in Court Will
his attorney, I. S. Brown, who stated that he
had an affidavit which be desired to Rad tc
the Court. The Judge, having been in.
formed Of the contents of the affidavit, said
he would ask that the jurors leave the room
bafors tbs document was read, which was &C.
cordiaely DONE The affidavit, which was
signed By the defendant, was to the effect
that, owing TO the prejudice Of the Judge. it
would be impossible, in his opinion, for him
TO receive fair and impartial trial; there
fore he claimed right to change of venue.
| The Judge denied the motion. He said the
only ground that the sfisnt had in making
such an affidavit was that on several Co.'s
sions he had urged upon the officers Of the
| law the necessity Of their enforcing the health
ordinances. He had also stated that from what
| he had heard, and from personal knowledge,
| csrtsin portions Of l street were in such a
| filthy condition that they were menace to
the health Of the city. He was one of the
| Police Commissioners, and as such considered
| such instructions right, proper and IN the line
| Of duty, and were not given because CT any
personal or local prejudice He had spoken
| from the bench and to tho officers IN regard
| TO disorderly HOUSES and other matters IN the
| same way, asking them TO De vigilsut and do
| their whole duty. The defendant in this
! case. lie said, need have no fears but that he
would have q fair trial, and every opportun-
| itv would be afford him to prove bis inno-
| cencs Of the crime for which he was arrested.
! Another aft 1avit, signed by Z. Fairchild, Of
similar import, was produced, but one OF that
! character the Judge thought was sufficient for
| the occasion, and would not allow 1t 90 be
read. The defendants attorney excepted TO
! all the rulings Of the Court, and asked that
| the prosecuting attorney be compelled tostate
which Of the several specific charges made
| in the complaint he proposed to rely upon.
The City Attorney replied: Upon sil Of
tlem. 1 have a5audsn5 proof to sub5tsnilate
the charges alleged IN the complaint, and
more. too Mr. Brown then asked that a
short haad reporter be appointed to take
down the evidence in the case. This molten
VAS also denied. The jurors we're then drawn,
aud tina following jzry obtained: A. Moons,
J. d. Smith, Charles 2. Nathan, E. B. Alsr-
rill, VIM. Elkus, W. Z. Osborne, George
Lswellyn. Charles Luhrs, w. w. Wade. IL.
Dsvlin, Henry McCaan AID Joseph God
d3rd.
Wslter 3. Ferral. tie Health Officer. was
the frat witness placed on the stand; lie tee,
tifsd ss 60 tho filthiness Of lots and g. Third
and Fourth, Il and l atrsets. Said it was
the property Of w. S. Mesick. and that L.
C. Chandler was the agent for the same. His
deseription was TO the effect shat the premises
were extremely foul and filthy.
Dr.. G.. G. Tyrrsll, q member of the Board
Of Health, TESTIFIED that be had visited the
premises described by the Health Oticer. He
found tie property in very filthy and
offensive condition disgusting odoIs arose
from the filta that, in his opinion, we're very
L..l Il - -
cesspool was running over with filthy excEe-
tious, horribly reeking, sinking stuff-in
fact the whole place was dripping with filth.
It was such an aggregation Of filth that he
nor No oua else could tell one noxiOus sub
stance from the other. The noXious gases
arising from these quarters were carried all
ovsr lie city by the winds.
DR.. J, I. Montgomery said he visited the
prerlises complained Of IL company with DIS.
Hatch, CluRess and TyrFel, and Trustees
Gutenberger and Nielsen, Hs said ths place
| was excesdi1gly foul and filthy. lie cor.
federated the testimony given by Dr.. Tyrrell,
and in addition stated that the yard was
| covered with pools Of noxious and filthy mat
ter.
Fl. B. Nielsen, Second Trustee, said ne had
visited the premises in question in company
with the doctors composing the Board OF
Health sad Others. He fully cGacurTed in
the evidsncs Of tbs two medical gentlemen
who had Just testiisd. lie ssid the stencil
was SO abominable that it would put 60
shame the bsst efforts Of dgzsn full h=dged
polscats.
Trustee Gutsnberger said ne had visited
the disease breeding quarters referred to by
the last Witnesses, and could substantiate all
thsy had testified to.
Mr.. Blown, attorney for the defendant,
tried to prove By the last witness that the
defendant had started in TO try and abste the
nuisance, or ameliorste the flshy condition
Of the premises. This, however, was promptly
ruled out as immaterial and irrelevant, be-
cause his efforts at cleansing the premises had
bean inaugurated siucs his arress.
The Court here took recess until O'Clock.
AFTERNOON SESSION.
Officer II. T. Dllman was the 6rst witness
called at the afternoon session. He stated
that he had made careful examination Of
tie prsmises, sud would say, to begiH with,
thai they were extremely filthy. The water
closet wSs full. The cesspool was full to re-
pletion with foul matter, from which q stencil
arose that permested the sir and spoke 20
sensitive ness block of. Il was o6e If
those places where the old adsge, "seeiug is
beieviog," was unnecessary, because any Gns
who wished that place would so away and
syear SOLE sthiug Twas rotten" even though
they did rot see It. Ha sai1 she wE5er-elosst
was as full to-dsy as it was on the 215h Of
July, when he first ventured into the deadly
atmosphere surrounding that quarter. The
box which they call cesspO0l was running
over and reeking with rotten filth, thst had a
stencil foil grown.
Officer !. NJ. Woods teatifiad 70 about the
game state OF fac.s as did the other witnesses,
claiming that the premises W. foul and I'll.
Jhy in the extreme.
j. f. Bassstt, City Engineer, had made
measurement and examination of the pre-
misses. He found tbs Pl5e7 filthy beyond de-
soIiption. The water-closet Is aoous o teeg
vida by IS feet in length, and Is very f9ul
ard noxious. It was all on lots and ., D5-
tween II and 1 and Third and Fourth stresss;
The Cegspool. box was in an extremely foul
condition the gases and fumes escaped into
tbe omen air: Che box, called thu cesspool,
waa three BY eight feet. The draiuage-boxes
are foul and exposed to the air, and the poi
souous smells escape and are as obnoxious IS
privv matter. He saw slops from kitchens,
and the matter stunk as bad as any, and 30
bad be could not bear it.
J. H. Miller. Thos. j. Scott aRd George
Parker we're placed on the stand, to prove
| thatL. C. Chandler acted in the capacity of
agent for w. S. MesicB, the owner of the
property in question. AT this point the City
Attorney rested his case,
Thomas j. Scott, plumber, who has at
various times been employed as plumber by
! MIR Mesick. was the first witness for the de-
| Tense. He described the premises, and said
there was no bad smell there ct all. The
overflow runs into the sewer at Third street.
The box is always fresh. The ground under
the h7use Is perfectly dry. The wooden
| boxes. prior to August p, were nice and
| clean sometimes o little rice would be seen
in them, but nothing Offensive. It IS not
dirty place by any means In answer to a
question rs to how many ChiBameh lived in
| the Mace. he replied between 800 and 400.
George Parker, the next witness, did not
know much about the place, bus did not con-
slider it go very foBl.
Nahlon Dusenbsrry was the next witness.
He ia o carpenter by trade, end has been en-
ploved at various times by Nh. Chandler to
| reDsir buildings Of which the latter is agent.
He made 9 cover not long since Tor the cess
nool in question. He fully corroborsted the
| testimony Of Mr. Scott. The place was nice
and olean-frae from a1y smell. He said
'sTbsv talk about q stink why, there amt
any there; its on the next lot. There is nol
has been any water in that yard or ground
for months. These smelling-commistee oil
ways smell great deal. row, gentlemen
that is the cass; there was no Sink to It
smell! why, there was 20 smell there. 1ou
can smell smell sll along China slough, but
that smell is caused by the ducks, not by tbs
Chinese" :.
Edward a. Bower, the next witness, SAID
hs did not think from appearances there hao