Las Vegas daily optic. [volume] (Las Vegas, N.M.) 1880-1908, 1903-09-18
THE MoYA CASE.
Testimony Submitted and Arguments
Completed Today Decision With
held.

Hclus
The taking of testimony and the ar
guments in the case OF the territory
vs. A. S. Moye, for the abatement OF
an alleged nuisance were completed to-
day. Judge Wooster reserved decision
tin tomorrow, saying he wished to 90
loser and smell around little himself
to see ii the condition was as Lad az
| it had been depicted by the one side
or as salubrious as 1t had been repre-
sented on the other
1 In addition to the witness for the
prosecution named yesterday, the fol,
lowing gave testimony: Mrs. j. H.
Ward. Mrs. A. p. Buck, v. II. Jane.
son, Ed Hammersmith, A. 4. Faulkner,
Chas. Tamme and Il. II. Outright.
The defense introduced the formid-
able array of witnesses: N. s. Beld-
en-, Pat Nolan, w. W. Wallis, A. A..
4 Maloney, Dave Wean, II. @. Robinson,
/ IN. p. Cousin, Dave Lindsay, Bob Cas-
per, M. A. Taylor, A. Taylor. w. T..
Reed, JEFF Kean, w. M. Bell, C. W.
Kinny, Mrs. w. NJ. Gregg, G. p Will
liams, and A. S. Moye. The wit.
|nesses for the prosecution with one
accord declared that vile smells EN-
anated from the barn and corral used
Iby Mr.. Moye in connection with his
dairy, and that the establishment had
proven a nuisance to them
i The witnesses for the defense on
the other hand had had opportunity to
note an unpleasant odoriferous condi-
tion on the premises and they wer@
certain the dairy wasn't nuisance.
Il All rules Of evidence were relaxed ny
| the Judge and Mr.. Moye had full op-
portunity for getting even with the
witnesses of the day preceding by ar
guing his case in full. He maintained
that his dairy was conducted in such
manner as not to be nuisance to
any.
Mr.. Rogers for the prosecution made
an able argument He pointed out
very forcibly that it didn't make par
ticle Of difference IL five hundred peo
pie didn't find the dairy a nuisancethey
had produced number of unimpeacha
BILE witnesses who did. He argued
that the establishment was nuisance
under the territorial statute and read
opinions to show that such an institu
tion in thickly populated communit,
was a nuisance per Sc and could b'
abated under the common law.
J Mr.. Bunker made a strong claim fo
the defense that the suit had not beef
properly brought under the territorla
statute, and read the territorial en-
!, actments which made II the duty 2
! the board or health to lodge complaint
and take steps TO abate a nuisance Q
: the class that this was alleged to be
Secondly, he dwelt upon the stronl
testimony Of reputable witnesses VIII
J had not found the dairy Objectionable
!, had smelled no smells and had see
: no Objectionable sights.
3 Mr.. Rogers closed briefly by sayin
that while II might be the duty Of
j board Of health 70 take steps 70 abat
! d nuisance. this didn't interfere In tn
3 least with an action by the territor
under complaint made by those VIII
!, suffered. He discounted the eyidenc
] Of number Of interested Or "calloui
ed witnesses Of the defenses and res
ed his case on the solid ground Of th
testimony of dozen witnesses VIII
s had suffered, and the truth Of thos
= statements could not be gainsayed.
a