Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-05-02

ne Cl1ancellOT uenleU the InOLiOu lot
the dismissal Of the injunction obtained
by the jessup 4 Moore Paper Co. VS.. the
Peter J. Ford Morocco Coz, restricting the
latter from putting impure water into
Silverbrook. The plaintiff complains that
the injunction has been violated and asks
the court to protect the Jessup & Moore
Paper Go. from the alleged pollution OF the
stream. The defendants asked the Cham
cellor to dismiss the injunction on the |
ground that IL had been issued against |
Peter ]. Ford, while as matter Of fact it |
should have been issused against the Ford |
Morocco Co., that being the name OF the |
defendant corporation.
Soon after the case was called Mr.. Brad |
ford asked leave to introduce important |
papers, which he said We're found among |
the documents of the late Chancellor who |
issued the original injunction.
The Chancellor said il was a case in |
which testimony should be taken. John
Saunders, superintendent of the paper
mills. was the first witness. He said
that tho condition of the water taken from
Mill Creek last October was so bad that 1t
rendered it unfit for use by the paper mills.
1t required from four to eight pounds of
bleaching powder to relieve the water OF
Its impurities. The witness showed several
samples of water taken out of the stream
in front of the morocco factory, At the
pump house mills, and at several other
points in Mill Creek and Silverbrook. He
explained the damage done by the impure
water.
Chloride of lime is used to bleach the
water. He said that the Delaware pulp
works were q necessary adjunct to the
running of Rockland and Augustine paper
mills.
Mr., Biggs closely questioned Mr..
Saunders as to the chemicals used in
the water and the system Of bleaching.
Mr.. Saunders admitted that there had been
complaint from the Lattimer farm that
the refuse matter was emptied on the
property. The pump mills have refuse
pond which takes the refuse from the
mills The impurities discolor the water
and that is what is objected to-.
In reply to the questions of Mr.. Ward
the witness said he hadn't heard any
complaints about impurities in the water
for the past five or six days.
Thomas Savery Of the Pusey & Jones Co
made an analysis of the water of Silver
brook in the presence of L. q. Bradford
and others. He said the stream above the
morocco factory was pure, but below the
factory the water showed signs of i'm
purities. The discoloration of Silverbrook
was so great as to affect the waters of Mill
creek. He said the pulp works could not
make white pulp by using the tainted
water.
On cross-examination the witness told
Mr.. Ward he examined the water Of Sill
verbrook Immediately above the factory
anu DelOW LnB uJ lulTu Street. lie
said the water presented a yellowsh color.
He was shown samples of water taken
from the disputed stream and said it re-
sembled in color the water he saw In Mill
creek.
Court took n recess until afternoon
Several witnesses were examined Thurs
day afternoon. Those called were Clarence
Dillon, George 7. King, superintendent of
William NJ. Singerly's paper mills;
William Balford. OF Philadelphia; Charles
II Hamilton, of Lafayette Frederick
Curtis of Newark, and Thomas S. Stafford
of Camden. They were experienced paper
and pulp manufacturers. The glst of their
testimony was that good white pulp could
not DE made with impure and discolored
waters.
The case was resumed at 10 o'clock Fri.
day morning. Frederick S. Curtis took the
stand. His testimony went to prove that
water of certain colors would not make
good white paper pulp
William Saunders testified that he took
sample from the ditch at the pump
house. 1t was very dark and muddy, but
il was explained that this condition was
brought about by the removal of small
island between the bitches. which helped
to discolor the water i'll Silyerbrook.
Mr.. Curtis was recalled and said his
paper mills were on Mill Creek, and he
was engaged in the making of paper The
water lie used was taken from Mill Creek
filtered. lie said he didn't know whether
the water came through marsh land or not
When Mr.. B!ggs took the witness in
hand he asked MIR, Curtis if be had evel
stood under Niagara Falls. He replieC
that he had, but said he saw no culors il
the water. The witness said the water he
saw running from the ten-inch pipe at thu
pulp works OF the Jcssup Il Moore Co. wa
chrome yellow. In the ditch the waite
was dark aud muddy.
Frank RoOp smith, analytical chemist
swore that he had unaylzGi water takeI
from Mil Creek, above the junction .
Silverbrook. MIR. Smith gave the com
pOnent parts He found no apti-chlorin
in the pump house water, and only trac
of organic matter. The water OF til
morocco factory contained chemical fac
tors not i'll pure water of Mill Greek i
larger quantities than ut the pulp work.
Besides considerable organic matter su,
pended. He thought the use of cOl0re
water would cause the pulp to he coloreC
DIR. Smiths testimony abounded mostl
in scientific terms and the evidence W.
listened to with marked attention.
Mr. Ward cross-examined the witnes
and was coached during the testimony b
another chemist, who assisted in preparir
the ammunition used in the cross-iire
questions.
DR.. Garrett, James Bradley and J.
Randall were called and testified to Il
fact that colored water could not be ust
in the manufacture of good white pulp.
The case of the Jessup Sc Moore Pap
Co VS.. Peter j. Ford, occupied the q
tention of Chancellor Wolcott Fridi
afternoon and was resumed short
after noon Saturday. Witnesses wi
testified Friday were Alfred b. Pool
]. T. Wilson, Andrew Eliason, Isaac
Foreman, Allen Smith, Thomas
Smith, William Cooch, J. Newliu Ga,
throp, who testified to the discoloratif
of the waters of Silverbrook. Mr. Ga'
!, throp said that $50 acres were drainu
into Silycrbrook.
Joseph L. Carpenter, Sr., was the fiji
witness called wien the case was
sumed Saturday. He was one of l.
witnesses who examined SilYerbrot
and testified to the condition in whi
he found the water. He was asked
Mr.. Biggs whether there was anythi
to prevent the sewer refuse fro
Shipley Run entering Mill Creek Al
r replied that the sewage could be CARR
into the Christiana with the current
Ia the tide. When the tide went out
N, would be likely to carry the refuei
w, SAipley Run with it.
=, David Lindsay, superintendent
Augustine mills, was called and testir
that good white pulp could not he ma
by use of water containing the impu
ties found in the waters OF SilyerDru
and Mill Creek.
Following the testimony Of David Lii
say, superintendent of the Augustine Nj
who was called by Mr.. Salisbury, Will
Luxe, who has lust resigned from the &