The citizen. (Frederick City, Md.) 1895-1923, 1897-12-17

Corp Grafton of Cumberland Case
Begun Yesterday-Over One
Hundred Witnesses Summoned
Minor Cases.
The December term of the Circuit
Court opened at 10 o'clock Monday,
with Chief Judge James McSherry and
Associate Judge John &. Motter on the
bench. The docket was read over and
cases assigned. The admission of the
following gentlemen was moved: Mr..
Jesse Heagey, Arthur Willard, DIR.
Lloyd Il. Macgill, Jr., Emory T. Cob
lentz, Albert s. Brown, as attorneys,
and Court adjourned.
Chief Judge James McSherry ap.
pointed Messrs. VIM. H. Kinks, VIM.
p. Maulsby aud Charles H. Gilpin, as
examiners for applicants seeking ad-
mission to the bar and recommended a
written examination.
On Tuesday morning the appeal
| docket was taken up. Judges Nc
Sherry, Henderson and Motter on the
bench. The case of II. L. Bell VS.. w.
X. Burgee. This was an appeal from
Justice White. Frank J. Stoner APP
peared for Bell and j. f. r. Wood for
Burgee. The case grew out of an or
der for set of encyclopedias ordered
by Mr.. Burgee, as he claims under the
false representations of the agent The
case went against Mr.. Bell.
The case of Taliaferro and Thomas
VS.. Noah Barnes, Messrs. Glenn II.
Worthington and Hammond Urner for
Taliaferro and Thomas and p. +. Pam
pell for Barnes. This was an appeal
from Justice Biser. The verdict was
for the appellee for S40.3l without in
terest.
+ On Wednesday the case Of DR.. Thos.
johnson vs.. Oscar Allen was taken up.
Mr.. Jacob Rohrback appeared for
Johnson, and Mr.. J. E. r. Wood for
Allen. This was an appeal from JUS
tice Krantz. A motion to quash the
attachment was made, which the court
sustained.
The case of o. +. Willard VS.. Robert
Weber came next. J. Roger McSherry
for Willard, p. f. Pampel for Weber
An appeal from Justice Hiteshew.
Decision for the defendant reversed.
The case of the corporation OF Bruins
wick vs.. George A. Williams, for vic.
lation of the dog ordinance; suit was
for fine and costs before Justice Hite-
shew, aud the defendant won; the
court reversed judgment. Glenn IL.
Worthington for Williams; no counsel
for Brunswick.
NJ. p Ackers VS.. w. Baker, Jacob
Rohrback for Ackers; f. l.. Stoner for
Baker Case was a suit for board due.
Judgment below was for plaintiff; af-
ter which au attachment was issued
against money intiIe hands 0f Ed
ward Haley Judgment atIifsned
Wilcoxon Vs. Hafris5n; jury trial,
went over to Thursday morning. Jury
rendered verdict for Wilcoxon. bad Il
The case of the State against the
Piedmont Pulp and Paper Company, 60 \
Piedmont, Aiiegany county, was taken
up Thursday, at 1920. Much interest
has been taken in this case ,As its decis-
ion is vital to the interest of the city of
Cumberland on one side, and To those
of the Piedmont Company on the
other. A host of witnesses have been
summoned by the parties involved-S4
for the State - Nor the traversers.
| is formidable. 1Ysp assfs. Benz. A. Rich
mond, De WalICA II. Reynolds, ID. j.
| Blackiston, of Gu Serland; G. f.
Moore. of Piedmont, and Urner, Keedy
and Urner, of Frederick, represent the
company. The prosecution is sustained
by Messrs. George A Pearre, Ferdi-
nand Williams, Robert I'll. Gordon, of
Cumberland; j. Roger McSherry, of
Frederick, and William H. Kinks,
States Attorney of Frederick county
1t is charged by the prosecution that
the pulp mills pollute the Potomac
River, from which the water supply of
Cumberland is taken. The mills are
located 81 miles aove Cumberland and
employs some 600 hands. They were
constructed at a cost of $500, 900.
The State first proceeded against
them in the Circuit Court for Allegany
county by indicting them for polluting
the water, but the case hung on with
out any definite action. On applica-
ton of the company's attorneys the
case was moved to this county.
The defense will endeavor to prove
that tanneries, coal mines, drainage
and o her industries along the banks
of the river are responsible to a greater
extent than they for the polluted con-
dition OF the water. Expert testimony
will be introduced to show that the
water purifies itself of the Mills refuse
long before it reaches the city. The
mills people claim the water was unfit
for use Is years before the mills were
erected. They claim that the West Vir-
ginia Central Railroad, built through
that section in 1886, is the principal
polluter of the Potomac, and that
slaughter-houses, pig pens, sulphur
from the coal mines add their quota and
foul the river.
1t has been said that another pulp
mill one mile above Cumberland also
tends to polute the waters, as also sew
erage from upper portions of the city
intake in the Potomac. One of the
witnesses for the State informs us that
Georges Creek, upon which this pulp
mill is situated, does not empty into
the Potomac above, but below the city.
The creek runs through the town and
is not used as water supply. The
prosecution have a strong case, and ex-
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