Smyrna times., 1898-10-12
REPLY TO SECRETARY FRAZIER.
Magistrate E. V. Cooper Makes a State
ment Of the Case Between the
Board of Health and Mrs.
Susan c. Waters.

Board OF Health and Mrs.
Susan c. Waters.
My attention is called to an article
recently published in the Wilmington
DdiLy RCpU6iicdn, said to be by f. b.
Frazier, Esq. Perhaps the public
would like to know the facts in the
case.
On Sept. 12, '9S, DIR. C. O. Swinney
and Mr.. G. III. Register made affidavit
that Mrs. Susan g. Waters, after due
notice from the Board of Heath, will
fully continues to maintain nuisance,
by using an old well for sink, run
ming the sewage from her kitchen to
said well.
Mrs. Waters was arrested and
brought before me same day in custo-
dy of n. Pratt, constable. One of the
defendants accusers, Mr.. Register, as
the law requires, was present, also Jo-
seph ii. Garner, witness for the State
and Geo. w. Taylor, witness for the
defendant. Mr.. Register stated that
on or about July Goth, defendant was
duly served with n ten day notice to
abate the nuisance, ut the end of which
time, the abatement was further eX-
tended two weeks, and yet the defend
ant persisted in using her well as here
tOfOre. These facts were cOrrObated
by the States witness, Mr.. Garner.
The defendant acknowledged the
truth of all as stated, but plead for
further extension of time on account
of the excessive hot weather prevail
ing at the time, and also on ac-
count of the fatal illness and death
of her uncle, making it impossi-
bic for her to superintend the
making of new sewer from her
said kitchen. Defendant was anxious
to have her other accuser present, so he
could hear her plea, as he was fore
most III bringing the charge. The case
was held up for half an hour hoping
the Doctor would appear, but he did
not. Defendant stated that Geo. W.
Taylor at this time was under contract
for a sewer for said kitchen to the
town sewer and that the work would
be completed on the morrow, if possible.
Mr.. Taylor, her witness, was present
and cOrrObOrated her statement
Defendant was much embarrassed ut
being arrested for the crime as al
legged and plead: that if any nui-
sance had been committed by running
the dishwater from a family of only
two or three persons into said well, it
certainly was trivial affair, and she had
never intended any nuisance at all;
that she was not the party to the act,
for the using of the well was not by
her, but by her tenant on other prem
lses, not by her at all occupied; that
she had been and was then using all
diligence to comply with the demands
of her accuSers; and that the said well
would not be used longer than she
could connect with the town sewer.
Mr.. Register was present and fully in
accord with all she said, and agreed
with me that under the circumstances,
the case had better be postponed two
weeks. | continued the case to
the Goth, stating to the defend
ant in the hearing of Mr.. Register,
that 1t might not be necessary for her
to appear at the time, in which case
she would be notified
In a few days Mr.. Taylor informed
me the work was completed and the
sewage running to the public sewer.
| saw defendants tenant, he said his |
family was not using the well, saw |
her prior tenant of July, he said moth |
ing but kitchen slOps had ever been |
run into the well, that all slops from |
the whole house and premises had /
been run into the street sewer and that |
defendants tenants had at no time sup
posed that they were guilty of a nui-
sance.
Defendant some days prior to the
26th, called at my office assured me
that she had forever ceased using and
permitting any other person to use
SAID well as a sink. | told her she
need not appear on the day named as /
was satisfied she intended no crime
and should dismiss the case; also that
l had consulted her accuser, Mr.. Reg |
lister, who was in full accord with my |
view OF the matter, and thought the |
Board of Health would be fully salts
fed with her dOings.
On the goth, 3 P. NJ, secretary of the |
State Board of Health, called at nv Of |
nee, and at his request, | gave him a |
full history OF the case. When ap-
prlsed OF the facts in the case, he or
dered that the defendant be arrested |
and made appear at Z p. NJ, SO he could |
prosecute her, have fine and costs i'm
posed and teach her that she must not
trlf1e with the officers of the law, as he
was informed that she is wealthy and
naughty. L told him the State had i'm
posed on me, its humble agent, duty
and discretion to Judge such matters
and dispose of parties charged with
like crimes for the best good
of the public; and that was
what had been done in this case. That
the defendant was arraigned on the
only accusation of using a we'll as a
slnk-that was all; and that nothing
had been thought, said or done by |
anybody that could in any way be dis
repectful to any Board of Health or
it's officers.
All that Mr.. Frazier knew about the |
case Is what | told him and DIR. Swim |
ney knew no more, for he had not ex-
changed a word with me on the sub |
lect since joining in the accusation. | |
tried to be pleasant. Mr.. Frazier did |
not try. L thought though that his fury, |
like a wind cloud, would soon fit |
away and leave him all serene, but he |
still seems to be mad If Mr.. Frazier |
had wisdom in proportion to cheek, he |
would be smart, not vain and arbi- |
trary. Ignorance, however, is no ex-
cuse for falsehOod in his article pub
lished in the Wilmington paper.
L. V. COOPER.
Editor, SMYRNA TIMES.