The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-10-26
MORE SUITS DEPEND ON 1T
ALSO THE QUESTION OF SEWER
EXTENSION.
ONLY TWO MORE SPEECHES TO Be MADE
The Testimony Of All the Doctors is to the Ef-
feet that Sewerage Will not Cause
Malaria but if Will Cause
Typhoid Fever.

lhe trial OF the eating damage SUI
against the city, commenced Tuesda!
morning, was continued yesterday anC
will be concluded today about noon.
1t required until 3 o'clock yesterday
to complete the evidence. there being 9
large number of witnesses on both sides
Then argument of counsel began ant
one speech was made on each side-Mr
Burton for the plaintiff and Mr.. Watson
for the observation-disclosures court adj
journed. Two other speeches will be
made today-one by Mr.. Jones for the
defendant and one by Col. Argo for
the plaintiff-and the case will then
be given to the jury.
What the verdict will be cannot, of
course, be forecasted but it is not too
much to say that the result is of the
very greatest moment to the city OF
Raleigh. I'm fact it has never had 4
more important suit in its history.
If Mr.. Calling should recover prece-
dent would be set and half a dozen
other suits would be started by men
who are in exactly the same situation
that he is and have the same ground
for an action. In addition to this the
city would be compelled to extend its
sewer much further down the creek and
this would mean the expenditure OF
many thousands of dollars.
Thus it can be seen that the 1000
for which Mr.. Calling is suing is but
small amount compared to the ex-
pense that must follow judgment in
his favor And these are the reasons
why the case his been so stubbornly
fought on both sides.
Little that was new was developed
by the evidence on either side yesterday.
Street Commissioner Blake, the first
witness, said the sewer pipe emptying
into the creek was Is inches in diameter;
and yet, he added, a 9 inch pipe would
be sufficient to carry off all the sewer
age He estimated that there were not
more than 1000 connections with the
sewer in the city.
The witness said he inspected the
creek and sewer in 1898, but did not in
spect it again until this suit was brought.
Tuesday he visited the creek in COM
pany With several other city officials
and taxpayers. They went to the
mouth of the sewer first and then down
the creek for several hundred yards in
speeding the conditions He detected
only a faint odor from the sewer and
saw none of the refuse deposited on
the land.
Mr.. Aft A. Thompson, the next wit
ness, was also one of the party sent out
by the city Tuesday to inspect the
sewer and creek. He discovered no
odor until he came within twenty feet
of the sewer. The water in the creek
was eight to ten inches deep and the
current was swift. He saw no evidence
of any sewer deposits on the land. From
the railroad bridge to the rock quarry
road, he said. was practically straight,
except one elbow where there was a
lagoon of several acres, marshy and
covered with water
Also in the inspecting party was May
or Powell, the next witness. He dis
covered no odor till within eight feet
of the mouth of the sewer. He saw
no solid matter in the discharge of the
sewer; the water discharged was almost
clear.
On cross-examination the witness said
this was the first time he had ever in
spected the sewer or the creek. He
did not inspect the swamps and low
places along the creek.
Still another inspector" was Mr.. T..
Il. Crowder He visited the sewer for
the first time in his life on Tuesday
afternoon. He discovered no odor till
he got within eight or ten feet of the
sewer. The water discharged was only
slightly colored. He went down the
creek for some distance. But he saw
no sewer deposits on the land. On the
edge Of one of the swamps he saw d
dead hog. He described the mud-pits
near the railroad; and said that they
We're generally full of water, and Tues
day he saw some negroes fishing in
them.
The fifth inspector" and witness was
j. &. Maroon, justice of the peace. He
was on Walnut creek Tuesday after
noon from 4:30 to $50 o'clock, with
the city, inspecting party. Saturday
over the sewer he detected an unpleas-
ant odor, but eight or ten feet away he
could smell nothing. He went down
the creek for about a mile. He found
the country Il very fiat soggy one, with
very ''rank" vegetation on both sides.
Nowhere did he see any sewer deposits.
Col Argo-'What were you doing
tramping up and down that creek--werc
you hunting?'
Mr.. Marcom-"No, I was just re-
guested by the street commissioner to
co.
Col. Argo-"Oh, you were hunting evi
dence believe there's no law against
hunting evidence before November 1st
There is against hunting BIRDS
Mr.. Marcom-'I don't know that
there's any law against hunting evil
dence at any time''
Alderman ID. s. Hamilton was one OF
Tuesdays inspecting party. He had to
get very close to the sewer before he
could detect any odor. He saw M
solid matter discharged from the sewer
and down the creek he saw no sewe,
deposits on the land. He was never
there before, though he has lived here
off-and-on for eighteen years. He saw
no marshes that he couldn't wall
through.
Prof. w. G. Riddick, professor O.