The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-08-24

Affidavits of Eight Physicians Filed
That no Nuisance Exists and That
After a Careful Examination the
Said Nuisance is Located Above the
Finishing Works.
Greensboro Record, 22nd)

On yesterday the State asked for con-
tinuance of the above case, saying it was
not Nady to go to trial. and if forced to
90 to trial a verdict of not guilty might
as we'll be rendered. The defendants
urged for trial, saying it had gone to
great expense in getting experts, ply
sicians and entomologists and had great
numbers of witnesses ready. 1t pleaded
for a trial on the ground that a nuisance
existed on Buffalo Creek but not on its
premises and that a trial would demon
strate the fact that the lives and health
of the community was being endangered
by the criminal carelessness of others,
in localitier not owned or controlled by
Revolution Mill. Judge Shaw gave the
State another chance and continued the
cases. Today the Revolution Mills filed
with the court a memorial calling the at
tention of the judge and the solicitor to
conditions existing in the creek, and filed
an affidavit made by eight leading physl-
clans of this county and city, and by Mr..
Pratt, the United States entomologist.
These men swear positively that no NUS
ance exists in the Revolution, Proximity
or Finishing Mills ponds, and that the
sickness does not originate from that
source. They say all the trouble is
above, and that it is a grave menace to
the health of the community; that it
ought to be removed, and that its re-
moval is entirely practicable.
This memorial and affidavit puts new
phase on the matter and they are worthy
Of the serious consideration of the court
and of the public. They are as follows:
ITO the Honorable the Superior Court:
"The Revolution Cotton Mills is ex-
ceedingly DESTROYS of having removed and
abated certain unsanitary conditions eX-
listing on North Buffalo Creek above the
Revolution pond and on lands not con-
trolled by it.
cit respectfully represents unto the
court that it has secured the services of
certain eminent physicians and scientists
who have examined the conditions exist
ing on North Buffalo Greek, and it begs
to submit to the court the accompanying
affidavit of said physicians.
"The Revolution Mills has no desire to
become prosecutor in this matter, but
it has suffered so greatly by reason of
the very bad condition upon said creek
above its pond, that it feels justified in
thus calling the attention of the court to
the condition with full confidence that
proper steps will be taken to abate the
same"
The affidavit follows:
1.-THE undersigned being duly sworn de-
pose and say each for himself, that he has
carefully examined what is known as the
Revolution pond on North Buffalo Creek,
the two Proximity ponds near Proximity
Mill, and the pond near the Finishing
Works. That he found all of said ponds
in good sanitary condition; that scien-
tiic examinations were made and the
good sanitary condition of said ponds
was demonstrated
THAT in his opinion, the sickness
north of the town of Greensboro does not
have its origin in any of said ponds and
that said ponds are in no wise menace
to the health of that community.
THAT above the Steel Works dam for
a good distance the swamp was examined
as well as the run of the water The
conditions there are very bad and easily
account for all the sickness prevalent
in that community. This is far above the
head of the Revolution pond and is not
on premises controlled by the Revolution
Cotton Mill or Proximity Cotton Mills.
The conditions here are extremely bad
and ought Immediately to be improved.
The bad conditions here can be removed
by practical work.
Signed, j. P. Turner, NJ D.. e. r.
Michaux, NJ. D., Charles Robertson, NJ D.,
j. T. ]. Battle. M. D., f. Baum, M. d.
Charles l.. Scott, NJ. d., John Thames, M.
d., W. j. Meadows. NJ. D., +. c. Pratt,
assistant United States Entomologist."