The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-27
Will co TO JURY TODAY
All Of the Testimony in Case Against
HeWitts Has Been Heard.
TESTIMONY TO THE DEFENSE
1t Was TO tho Effect That the Place Is
Not u Nuisance and That the Stencil
Complained of Comes from
Other Sources.

| Inere was large numDer OF the resi-
dents of Taylor and Feltzville in court
room No. 2 yesterday to listen to the
testimony in the proceedings that seek
to have the loud-smelling desscating
works of h. H. and w. II. Hewitt. near
Feltzville, declared a public nuisance
After court opened in the morning the
work of taking testimony adduced on
| the part of the commonwealth was re-
| sumed. Miss Ingles, a school teacher
at Feltzville for the last six years. who
| lives about a mile from the Hewitt
works. said that on several occasions
she was sickened by the offensive odors
from the factory, and that many times
it was necessary to close the doors and
windows of their house to keep out the
vile smell John w. Reese, Mr.. Owens
| Mr.. Gilmartin and Mr. Cassidy, all of
Oak street. also testified to the annoy
ance caused by the Hewitt works. At
this point the commonwealth rested.
Ex-Judge Ward opened the case for
the defense and then w. II. Hewitt
was put on the stand. He said that
thirteen years ago they established
their plant where 1t Is today, the place
| being then a wilderness. He has never
detected any odors from their works on
the public highway. Night soil has
been dumped within 400 or 500 feet of
their works and on the east side of the
main road leading from Hyde Park to
Taylor, from which very offensive
odor arose.
Dccnycd Cabbage Was the Cause.
Near their works there are num-,
Der of fields of cabbage. This cabbage
was allowed to remain until 1t became
decayed and from it stencil arose
which may have been the cause of the
annoyance suffered by the people of
| Taylor and FeltZvlle. Their works are
kept clean and a very large quantity Of
lime is spread about the premises to
prevent any oder. Recently they have
put in new machinery which absolutely
prevents odors spreading from the
works.
T.. A. Bartl, the civil engineer pre-
sented a map of the premises showing
its location. S. b. Trip swore that he
visited Hewitt's place within two weeks
| and discovered no odor while going
toward the building. There was no un-
pleasant smell whatever in the build
| ing in which the new machinery Is To-
Gated.
Chemist Charles Koempel said he WIS.,
tied the buildings occupied by the Hew-
tits plant. He found no odor around
the buildings, but inside there was a
slightly disagreeable smell. With the
present machinery and process of OPP
| Grafton he was of the opinion that no
odor of any account could arise from
| the works.
| DIR. Helmer, a veterinary surgeon,
swore that he had occasion to go to
post mortem examinations on horses,
but never detected any disagreeable
stencil outside the buildings.
The Other Causes Assigned.
| Mrs. Andrew Friedel never suffered
| annoyance from what Assistant Dis
| trict Attorney Harris calls the Hewitt
smell" She had been annoyed, how
ever, by the stencil from pig pens and
outbuildings which line the creek that
flows through Feltzville. The testlmo-
ny of Thomas Bowen, who was en-
ployed by the Hewitts as stone ma
son, was to the effect that the works
We're odorless. Mr.. Jones, of Bellevue
Heights, knew little about the Hewitt
works, neither did william Fry, a
| butcher.
william Jones, John +. Roach, Edwin
| Williams and w. H. Decker gave testi-
mony that was favorable to the prose-
cution rather than to the defense. The
latter rested with their testimony and
court adjourned for the day. This
morning ex-District Attorney John p.
Kelly will make the closing address to
| the jury for the defendants and Assist
ant District Attorney John Fl. Harris
will close to the jury for the common
| wealth.
Joseph Kristnock was found guilty
of keeping tippling house in the Eigh-
teen.h ward of this city. The prosecu-
tor was Special Officer Joseph Strol.
who swore that he bought and drank
ale in Kristnocks place. The defend
ant tried to make the jury believe that
he had one barrel of ale in the house
to treat his friends, but 1t refused to
| do SO.
Lnyhourn Pleaded Guilty.
| John Laybourn, the proprietor of the
Palatine hotel, at Providence. was in
court yesterday morning when 1t
opened. He did not look a bit like a
sick man. although the day before his
counsel presented a physicians certifi-
cate to the effect that he was unable
| to be in court. When Laybourn saw
the formidable array Of witnesses that
County Detective Leyshon had mar
shaled, he decided to plead guilty.
Sentence will be imposed Saturday.
| Later in the day his effects were
levied on by the sheriff to satisfy judg-
| ments held by the following: Lazarus
Meyer, $24O.72; Attorney George d.
Taylor, $25l.7O; James w. Laybourn
$500; Joseph Laybourn, $l6O. The last
named two are his sons. Among the
things levied on was barrel of whisky