Evening journal., 1888-06-20
mTDDLErowN DAmAGn SUIT
The Defendants side Of the Case
Governor BIggs Testffies.

The Defendants side OF the Case
Governor BIggs Testffies.
United States Court re-convened this
morning at 10 O'Clock. and Mr.. Biggs at
once opened for the defence Ia the case OF
Sellers, vs. Parvis & Williams, giving the
history of the establishing or the phosphate
factory. The damage done was during "a
hours Of hurried weather testified to
by Mr.. Nowland. Il cannot now occur.
PaTvis g. Williams did not know
Of the damage until they saw It, and
after that they only dissolved rock on clear
days. The arm is willing to pay for the
damage done ia the "a hours testified to by
Mr.. NowIand, but not for depreciation in
the value of the farm.
Nathaniel j. Williams, the surviving
partner Of the firm OF Parvis e. Williams,
was the first witness called by the defence.
The damage to the hedge and trees was ia
the fall Of 1885 in about two days time.
The nrm did not know OF the damage for
several days The days during which the
damage occurred were damp, humid days.
Since that time they have dissolved
chemicals only on clear days. A stand
pipe, or ventilator, 100 feet high, was erect
ed in 1887 and it carries of all the fumes
and gases. Witness has slways been will
ing to settle the damages provided NJ r.
Sellers would pay phosphate bill OF over
$l00 which he owed. The firm had paid
slight damages on several occasions, wilt
iams said on cross examination, they had
occurred previous to the erection OF the
yentiiator.
Hlrafio Willis. who has lived near MIDI
dletown for over 40 years ard who is e.
experienced peach grower, did not think
that the land on which the peach orchard
of the Sellers farm was situated was
specially adapted for the purpose Of grow.
ing peaches. Witness testified TO the value
OF the farm. II the phosphate factory
were not there, he would not give Sl2 ,0Ol
for the farm to-day.
William p Biggs testified that the lanC
on the Sellers place was not suitable fol
peach growing Twigs OF the apple trees
were shown. and 10 the opinion Of th,
witness they showed no damage. Witness
would give as much for the farm now as
before the phosphate factory was erected
he considered the farm worth $40 600.
Thomas EmsoD, colored. a farm hand
lived with Mr.. Sellers the year the fsctory
was bnilt. He worked Ia the peach orchard
and picked prematures in it before tht
manufacture OF phosphate was commenced
Some OF the trees were affected with yel
lows.
George Echenhoffer in 1856 rented tn
farm adj1iHing the phosphate factory. III
would nos give more than s45 per acre toi
the Sellers farm. He said on cross exam
ination that be never owned farm
The next witness. William J. Ell
ason did not consider the Ian
suitable for peach orchard. Tbs orchar
was damaged before the factory was 20
there. The farm would be worth nbou
$1,000 if the phosphate mill were not there
The tenant OF tho farm adjoining th
Sellers farm, Henry Ellison, said the fisl
occupied by the psach orchard would nc
be suitable for peach growing Judgin
from the crops Il grew Re considered $1,000
an ample valuation for the farm.
McComb Clayton was raised nesr th
Sellers farm. Hs vent out there some fou
weeks ago and thought it beat 60 put gur
boots on. He considered the farm wort
$4,000. He did not consider that the fec
tory damaged the farm, as it was now con
Quoted.
James Daily said he lived since 1856 ahor
200 yards from the phosphate factory. II
! never experienced any Inconvenience froI
she fumes of the factory.
Charles s. Ellison, who lives ia CecIl C'