The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-25

| ing of the lands along the stream had
| conduced to the spread of malaria.
II was very evident that DIR. Sections
| evidence was disappointing to the attor-
news for the plaintiff, who had him sum-
| moned
Dave Holland (col): III live on Mr..
Green's plantation. ON the rock-ouarry
road Before that lived on Mr.. George
Gatling's place. quarter of a mile north
of Walnut creek. The odor from the
sewerage was very distinct We had
chiIls and fever from July till nearly
Christmas. On Mr. Green's place we
still smell the sewer and we are still
sick. | have a little child sick now. and
| had chill Friday and one Saturday.
We are about three-quarters of a mile
from the creek
L. Il. Capehart (col): Il have farm
near Walnut creek-about half mile
from it. You can smell the sewerage
when the wind is blowing from the
creek
Alex White COLI: Il live on Mr.
Bart Cuttings place. I've been living
there about eighteen years. / smell the
sewer every morning. Before the sew
er was put in we had good health Now
we are sick nearly all the time My
little boy had chills last week"
At this point the plaintiff rested his
case and the defendant began the in
PRODUCTION of evidence.
The first witness was DR.. James Nc
kee, former city superintendent of
health:
II have inspected the southeastern
output of the city sewer. On July 4th.
the rest narrow When floods come. of
just above the Holleman road and left
the rest narrow. When foods came. OF
course the narrows overflow. The creek
is rather marshy. The marshes are pro
ductive of malaria Malaria has never
been supposed to be caused by fecal
matter. The mud holes on the creek:
the stagnant water and dying vegeta-
ton are productive of malaria" To get
rid of malaria. the witness thought it
necessary to straighten the creek and
drain it, and fill up holes on the sides
L. Z. Sale, Sanitary Inspector for
the city was put on the stand. producing
the records Of the city board of health,
Of which he is secretary. The minutes
of the meeting Of the board on July oath.
1894, were read and introduced as evil
dence
This was a meeting of the local board
of health of the city of Raleigh. held
for the purpose of comforting with a
committee from the board of county
commissioners called to consider a com
plaints made by citizens living along the
line of Walnut creek between the Hole
man road and the old Eastman mill pond.
The complaint made was that there was
a great deal of sickness existing along
the line of the creek, and that it was
caused by the city allowing the sewer
age to empty into the creek.
AT this time. the record goes on 20 say
the sewer and the creek had just been
inspected and it was the opinion of the
superintendent of health and others shat
the sickness was not caused by the
sewer. but by the lowlands along The
creek and the cutting away of timber.
At this meeting also the tearing away
of the Eatman dam and the removal
of the falls was recommended, the city
agreeing to pay one-third, the coun Y
one-third and the landowners one third.
Mr.. Sale in his evidence said:
II have examined the sewer that
empties into Walnut creek twice this
year. One of the times was yesterday.
could detect a smell if | got right up
to the sewer but ten or fiftncn feet away
could not discover any ordor. / was
with the street commissioner and Mr..
McMackin. We found no deposits sc
matter from the sewer on the land outside
the creek. We went as far as Eatman's
MILL After we left the opening of the
sewer there was no odor at ALL The dye
that the Caraleigh mills turn into the
creek is copperas and acts as a disnfac
tant'
On cross-examination, the witness said
he'd always make his inspections after
moons.
W. G. McMackin, road supervisor: Il
have frequently been ND and down the
creek and never smelled anything.
was there yesterday stood right over the
mouth of the sewer and smalle1 moth
ing. / have never seen any sewer &C.
posits on the banks. | tore out the Eat
man dam in 1894 and increased the fall
about four feet. AS 4 result enough
sand was washed out Of the creek to
undermine the rock-quarry road bridge"
At this point court adjourned to meet
again this morning at 10 O'Clock.
Among the witnesses to be introduced
today are a number Of persons sent out
yesterday afternoon by the city authori
ties to make an examination of the
creek.
1t is said that if Mr.. Gatling wins
his suit there are some three or four
others in hrs neighborhood who will inn
mediately begin similar actions for dam