The evening times., 1899-03-08
POTOMAC POLLUTION
Cases ON TRIAL
West Virginia Pulp and Paper
Company as Defendant.
Prosecution Conducted by the State
of Maryland.
Great Array of Counsel and Many
witncsses-0penin Statements
of the Lawyers.

Hagerstown, Md, March S.-Trial of the
case of the State of Maryland against the
West Virginia Pulp and Paper Company
for polluting the Potomac River. removed
from Allegany. began in Hagerstown yes
terday There are Two indictments against
the company for pOlluting the Potomac
River at Luke, Allegany county, and there
is one against the Luke family, father and
sons, Adam R., David L., John G., James
L., Thomas and William A. Luke, who are
the chief ones interested in the company.
The indictments were found at two differ
ent court terms in Allegany.
The present company has been in exist
ence for year. Its predecessor. the Pied
mont Pulp Company. was indicted for pol
luting the river The case was removed TO
Frederick, where a jury gave verdict
against the company. A new trial was
granted. A demurrer was entered by the
defence, but the court never passed on the
question. In The meantime the old Pied
mont Company went out OF existence and
a new company-the one now indicted
was formed.
The attorneys in the case are as follows:
For the State-States Attorneys c. ID.
Wagaman and Robert II. Henderson, Con-
gresham C. A. Pearre, Ferdinand Will
Jams. r. H. Gordon, J. a. McHenry, J. A
Mason.
For the pulp mill-M. L. Keedy, d. J.
BlackistOn. B. y. Richmond, d. H. Rey-
nolds, c. f. Moore, Buchanan Schley
Judges Edward Stake and David w.
Sloan sat in the case. Judge a. II. Boyd
IS disqualified, having at one time been
attorney for the DuiD COMPANY
Nearly 2C0 witnesses We're called and
about one-fourth of the number were found
to be present. The defence entered the
plea CT not guilty. The court appointed
Miss Louella Clagett, of Hagerstown, OFF,
cial stenographer.
The jurors are as follows: Cyrus Delling-
er. foreman, David w. Barkman. James
Hoffmaster, Joseph Kershncr. John L. G.
Magruder. Henry II. Ross. Charles l..
Smith. James a. Leaman. Charles b.
South Rudolph Charles. Jacob b. Gloss.
Peter J. Mayberry Each side cut four
names.
Robert NJ. Gordon made the opening
statement for the prosecution. He said
The pulp mills were at Luke Il miles from
Cumberland, on the Maryland side of the
| Potomac River. at the junction of the Saw
age and Potomac rivers. Bloomington lies
below it and Piedmont. Westernport. and
kcyssr. W. Va. From Keyser TO Cumber-
| land there is no town.
In 1871 Cumberland constructed water
! works at cost of S100 eco. At that time
| the water was clear and pure. About 1888
! the pulp mill was established Cumber-
/ land had used the water for every pur-
| pose. The company commenced TO manu-
! facture paper by the sulphite process.
Large quantities of spruce wood is used in
| the manufacture Of paper. They make loo
| tons of paper a day and consume lG0 tons
| OF spruce. The bark and other matter not
used IN the paper are thrown into the
river. Sulphurous acid is used in the pro-
| cess to make the wood available for pa
per.
The acid and lime water are turned into
the river after going through various pro-
! cesses in the manufacture of paper. Be-
tween the fibres of the wood an offensive
matter is found and in the process of paper
making this stuff is washed into the river
! Ii makes a dark. resinous. sticky, slimy
substance, foaming as ii goes down stream
! the foam sometimes piliEg up several feet
/ high which could be shoveled and if al
! lowed 10 dry, could be burned, emitting
the same odor noticeable at the mills. This
| bottom of the river is covered with this
refuse and the stones in the stream are
discolored by il. All the smaller inhabi-
tants of the river have long since been
killed which reduces the chances of Ruri-
| tication of the water. In the bathtub the
water has the same offensive smell. When
| boiled. il foams up ana oyerruns the pot
| The water pipes around Cumberland are
clogged with a gummy substance. Live
| stock refuse to drink the water. All fish
are killed and if live ones are thrown into
| the river they soon die.
Mr. Gordon explained that the company
was indicted under the statutes of Mary
land and the common law. The fine inn
posed by the statute is $500 for the firsi
offence and $50 day for every day the Of
fence is continued. Under the common
| law The court can impose a fine OF one
cent.
B. \. Richmond. in his statement for th'
| defence, said the indictment affects large
number of people. Not only does tn,
charge hold in its grasp the prosperity o
| 5000 people, but the very existence anC
life OF many. The operation of these mill:
in no way affects a single resident of Cum
! berland The court has a right and it il
! its duty, perhaps, if the company is con-
! yicted tC fine what il likeS-as much a!
! 81 G00 eco if it sees it-and an abatemen
! CT the nuisance. thus driving. this immens.
! concern out OF Allegany county. The in
| dictment says we have created nuisance
which exists along the Potomac for ovei
| 30 miles; that We cause the water to bt
| offensive; that We have hIiled all the
splendid bass; that people can't sleep il
| their beds on account Of the water etc
| We viii refute all this The towns o.
| Piedmont, Westernport, and Luke, all to-
| gether at this point and built up by thi.
company, have no trouble with this wa.
| ter.
Two witnesses were called yesterday,
James P. Gaffner, Civil Engineer, and Rob
ert Shriver President OF the Second Ma.
nf INN bar