The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1888-01-07
THE CIRCUIT COURT.
william NJ. Sinserly sued for Damages by
John @. Davis.

John @. Davis.
The adjourned Decent Der session of the
Circuit Court for Cecil county met on
Thursday. Judge Stump on the bench.
The case of John G. Davis, the well
known barber, and Kate M. Davis, his
wife, vs.. William NJ. SiDgerly, proprietor
OF the Philadelphia Record and of the
pulp works il this town, was taken up.
States Attorney William S. Evans and
Hon. Alexander Evans appeared for the
plaintiffs, and William T. Warburton
and Albert Constable for the defendant.
Mr.. Davis owns a property which ht
valued at over four Thousand dollars ad-
joining the pulp works. Mr. Davis
bought the property in 1878, and had i'm
proved 1t greatly since, pus ting all his
money in improvements. There are four
dwelling houses, in the largest of which
Mr.. Davis resides. Two of them wele
ereci ed after the works we're in operation.
Tue plaintiffs testified that they had
quiet aud delightful home on the river
side bstore the defendant constructed his
mill. That since then the black ash or
some chemical substance from the mill
settled on everything inside the house
and out OF 1t, whenever the wind came
from the direction of the works. FuIni-
ture was SEIZED, and food rendered unfit
to eat. People had been compelled to
leave the table in their house on account
OF the offensive odor. TIE smoke OF the
mill almost, they claim, at times, blinded
and chokei them. Mrs. Davis had often
to do her washing over again, some times
as often as three times. The noises OF
the mill running night and day prevented
them from sleeping we'll, and the vlbra-
ton of the machinery for making the
wood into pulp shook the house percep-
taby. The pulp works we're constructed
in 1888 on ground used for a century rs .
graveyard. Mr.. Davis claimed that nat
ural drains had been so obstructed as to
cause water to remain in his garden. This
and the black ash had almost destroyed
vegetation in his garden. 1t ate the
leaves off the fruit trees and grapeviues,
and rendered them useless. He had for
merly kept summer boarders, but was
unable to do so any longer. The health
OF himself and wifs he testified had been
greatly injured, the substance from the
mill giving them a cough, destroying
their appetite. etc. When asked on
cross-examination if the works of the
Scott Fertilizer Company were an annoy
ance to him, he stated that they were not
much 80. 1t req Tired due south wind to
bring any annoyance from that quarter,
and these were rare. He had approached
Mr.. Slngerly about the matter. He said
that he was in a hurry to reach the train,
and told him TO SEES Mr.. MEG ,wen, one
of his managers. Mr. McGowen told him
he better sell his property to them. Wit
ness asked HIM what they would give,
and he replied $1,000 Mr.. Davis refused
the offer. MCGOWAN told him You had
better take it for We will either smoke
or drown you OUT
On Friday Judge Wickes joinsd Judge
Stump on the benoh. Magistrate John
Partridge and several other persons re-
siding in the same part Of town as Mr..
Davis testified to the yapor from the
works being offensive. They also stated
that the odor iron the Scott Fertilizer
Works was offensive. The defendants
case WAS opened by calling Philadel-
uhia chemist named Ssmper to the stand.
1t was attempted to be proved by him that
the evil effects to ths health of the plain
ti.fs WAS by acids from Scott's works and
not from Singerly's, aud that thare were
no noxious cases arriving from the latter.
He admitted, however, that soda ash,
some OF which escaped in the retaining,
was stated by authorities to be injurious
to health. The case will occupy several
more days.
John Kennedy, superintendent Of the
pulp works, testified as TO the method Of
manufacture. What little soda ash
might 90 out OF the chimney had little
strength. He had had flowers in his Of
fee and they tipurishsd. Tho men were
healthy. He thought sulphuric acid from
Scott's works destroyed vegetation in the
ghborhood.
Ar. Vendick, a salesms Al for the Grace
Ferry Chemical Company, testified that
there we're handsome flower gardens
within one or two hundred feet of some
pulp works where the process Of manu-
facturs was tho same AS at this. He sold
largo quantities OF chemicals to Mr.. Sim
gerry.