The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1895-08-28
THE BREWERY INJUNCTION +!
Ex-senator WaISonS Family Tell Their
Side gf the Case.
NOISE AND DUST THE NtaSANCE
Several Hours Were Spent Yesterday in
Examining witnesses and the Emo Has
Not Been Reached Synopsis From
the Testimony.

the Testimony.
The offices Of NJ. NJ. Burke. Esd in the
Egau building, were crowded yesterday by
parties to and people attracted by curiosity
in the suit of ex-senator NJ. G. Watson
against the Columbia Brewing Company.
The suit was instituted several weeks ago tn
procure am injunction restraining the com
pauy FROM operating the brewery in such g.
manncras to disturb the peace, LeaIth and
comfort of the plaintiffs family. The case
came up yesterday in the form of d hearing
before a Commissioner, who was apraiuted to
take evidence on the plaintiff IS allegations
After the evidence is all i'm it will he sub
mittcd to the court and decision
will be reudcrcd as to whether or not the in
junction shall issue.
Among the Interested parties in attendance
yesterday we're Steuogmpher Moore of Potts
vile, who is acting as the Commissioner cx-
Congressman James b. Reilly and J. X.
Coyle, Esq, counsel for the Brewing Com
pany; John +. Whalen and NJ. NJ. Burke,
Esqs., counsel for ex-senator Watson
The session continued from 10 a. m. uatil
4 p. m. and WAS finally adjourned to take
additional evidence. Mr.. Watson was the
first witness examined and sworr that his
property, which adioins the brewery on the
south side, had been made unfit for family
residence by reason of the brewery opera
tious. When the plant was first started
there was not much annoyance.
but after the ice plant was put in operations
the nuisance became unbearabe. Wher
asked to specify the annoyance Mr. Watson
said the working of pump and an exhaust.
action i'll the brewery caused "A vibration in
every room of house that shook the china
and glassware on shelves and caused the
pieces to rattle. The noise is like the thump-
ing Of some battering ram against the wall
and was most pronounced and annoying at
night, making proper sleep impossible. Mr.
Watson also testified that dust from the
smoke stacks of the brewery is also Il great
annoyance and has not been abated even by
/ the removal Of the steam plant to the opposite
side of Pear alley.
Thomas NJ. Scaulan, tellerat the Merchants
| National Bank and son-in-law of ex-senator
| Watson, was also Il witness and testified to the
noise, vibration and dust. He complained
especially of the annoyance caused by the
exhaust and expressed the opinion that that
part of the plant was not properly adjusted
He lives with Mr.. Watson and sworc that it j,
impossible to get a proper nights rest in the
house. In cross-eXamination eX- Congressman
Reilly asked if the dust from the stacks wa,
not such as would indicate stirring up o
the fires by the fireman in the brewery, anC
Mr.. Scanlan said he thought So He coulc
not indicate the length of time the dus
continues to fall upon Mr. Watson,
property as he was obliged to carr
his living and could not afford to stand anC
watch the falling of the dust. Mr. Reilly
said he thought it Il very important poin
and the witness should have posted himself
Mr.. Burke said he objected to counsel lectur
ing. This was the nearest approach to &
clash during the hearing although ther,
seems to be a strong undercurrent of feelin.
in the case. Counsel for the Brewing Com
pany intimates that the suit is not based S,
much upon actual annoyance and damage b,
operations in the brewery as it is upon trad
( by the opposite side
Mrs. r, NJ, Scanlan, Mr.. Watson's daughter
testified that during one period she was uu
able to sleep night during two weeks o
account of the operations and that the dII,
from the stacks made it necessary for TIA
family to send its washing out. Window
had to be cleaned repeatedly. Mrs. Eli,
daughter of Sol. Haak, also testified to tn
annoyances from the vibration and stacl
dust. Mrs. William Mitchell, niece d
ex-senator Watsons and who occupies tn
house adjoining the south side of his residence
confirmed the testimony of the other wit
nesses and said that visitors to her house re
Gently complained that they could not slce
ON account of the noise The stack dus
obliged her to re-wash her clothes.
Counsel for the Brewing Company eros,
examined the witnesses but did not deyut
much time to it and did not call any wi
nesses. The proceedings parhke of an e
parte character, and both sides to the COZ
troversy will not be fully heard at this stag,
Appearances indicate that the litigation is
y be a prolonged one.
1t Beats the Dutch,
= Thirteen dollars worth of free laundry
. you guess nearest to the right number
. beans in the Jar. Fay's Steam Laundl
guessing contest.