Evening journal., 1896-01-29
THE lIEBIGCO.IN COURT
A Suit for Violation of the City
Nuisance Ordinance.
REFORMATION AGAINST MANAGER

Chancellor to Docide-O other Municipal
Court Cases.
The Municipal Court room was filed
] this morning with interested parties and
spectators The 6rst chapter In the
endeRvor to compel the Llebig Manu-
featuring Company t. abate the famous
onion oil perfumes shich have been 30
decided n nuisance {, Wilmington people
since the advent Of TO company ht the
old Walton and Wbann Works, on the
Chrlstlsna, WAS opened up. the city
ordinance relative to the establishment
OF a nuisance within a mile Of the city.
Lewis Q. Vandegrift represented the
Liebig Company and City Solicitor Har-
man looked out for the city The charge
was brought against Frederick f. Ward.
superintendent Of works, and a plea OF
not guilty was entered
John J. Flanagan, residing at No 1875
Jackson shest eand for fifteen years
engineer at the Delaware Pulp mills, said
the stencil from the Llebig works gave
him pain Ia the temples aud head, made
hileyts smart and sting. and affected his
atomach. Lunch Ia baskets hung In the
current Of air from the Liebig soon
becomes unfit to eat He smeled the
ordor &C 2 90 this morning.
Samuel NJ Saunders, II years. at the
Delaware Pulp Mills, said the stencil re-
sembles bad onions, and affected his head,
eyes aud throat.
Charles w. Pusey. OF Pusey and Jones
Company. had noticsd the offensive
smell and had pungeut feeling or taste
In throat. Never experienced II till the
Liobig works came.
Simuel @. Blddle, Of the Pusey and
Jones Company, had eyes and noatrils
affected by the stencil.
Joseph Bond, chief OF the Water
Department, lived fer fifteen years In
rear Of works and had suffered from
steucb ever since the company came On
several occasions he aud his family had
been made III
Alfred d. Poole testified to the stencil.
aud City Clerk W. p Morrison that the
company had never secured permission n
TO operate the factory.
shonld he Decided By Chancellor.
Mr.. Yaudegrlft said he was surprised
thai the city solicitor should bring this
suit when II is Rlrsaiy IN the Court OF
Charcsry. and that that court should
have sole control. II this company WAS
doing something wrong IL was entitled to
have this question settled In the highest
tribunal de argued that this was sim
ply an sction brought BY the Board Of
Health which had already been enjoined
he claimed that until the Court Of
ChBncsry had decided this matter no
other court should take It up He
further argued that the Lieblg did MT
institute new business but simply took
up and carried on the business Of the
Walton and Whann Company.
Judge Ball stated that the warrant had
been sworn out by = private citizen aud
asked what eif.ct that would have In the
matter Mr. Vandegrift argued that the
State Legislature having given to the
Board Of Health power to bring suits for
violation OF the law regarding public
health preoiuded any citizen from bring
ing similar suit aud that body alone
should have power to decide aud punish
such violations. Aud when the Board Of
Health decides anything a nuisancs the
Municipal Court has no power 10 take
evidence 10 the case Tue final reason
Was that there had bsen no evidence
that Frederick K Ward was the
manager Of the Lisbig Company, named
in the warrant.
Mr. Vandergrlft stated that the news
papers had already argued the case
thoroughly and to the disadvantage Of
the defendant company. He said that
he wss at one time newspaper man and
} Old not believe that such matters we're
: properly to be discussed In the public
press.
Mr.. Harman argued that Nc Ward
Was named In the information ns the
representative Of the company aud
under the rule governing partnerships,
aud that the spirit OF the code was
J followed That the faiiurs TO deny that
! the company had been brought into court
was q tacit acknowledgment that he
was the manager OF tue company.
/ Judge Ball declddd that there had bseu
no proof Of the connection OF Mr.. Ward
With the Company and dismissed the case.
He also stated that tho Board Of Healih
having taken soiion and besn enioinsd,
be would hesitate to entertain any charge
: brought In tue Municipal Court until
that question Is decided.
) Lee Merris or .Shocklev, colorsd
: charged with dls0rderly conduct. draw
ing a knife on David Anderson and
Q hitting him with rake. The charge
was changed TO assault and battery be
pleaded guilty, but not TO the extent
Anderson awore witness called BY
Lee. didn't sec much Of the row. whlol
I ONtultfN NN Auo tNu1A WANh''NNo
were asked for and ths case oontlOusa
9 until this evening.
The Happy Waller Burglary.
Charles Ashbrdse aud Rudolph Walls
two blys, were srrsipned for burglary II
E Anderson & Sons store, ShalcrosI
avenue and Jackson street. Walls val
discharged for lack OF gidsnce. Office
J McAteer tod Of seeing two boys ia th
store Monday night aud OF catchl0l
AshbridRe when be confessed to being II
the store l.. Gruwell No. 9lS Lowering
Rvenus. whose house was robbed Of 50 Il
10 money. gold ring, 50 cuff buttons
pocket kuife aud razor. valued all $40 o
$i2, saw the boy running and eGugh
him. Chief DolRn also stated that Ash
bridge confessed to him OF enferinl
= Gruweil's house and also robbed Ander
sons store Held in 81 900 bail for upps
: court on charges Of burglary and break
. log into a stors
Detectives Witsil and McVsy las
: night arrested Henry II Sherry. Franl
4 Hatch and Harry Eicke. three fairly. vel
dressed men, az the P w and B. depot
on charge Of vagransT. They are ais
suspsc ed OF passing bad money. but N
awfdauaa ~ fffa was found Ibe'