The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1911-08-09
Jury Finds Verdict Against Com.
pany for Allowing Impure
Water to Be In Mains
DEFENSE PRESENTS
NO EVIDENCE TO JURY
The Attorney for Water Com
pany, However, Makes Argu-
ment Before the Jury After
Prosecutor Makes His Address


The Pacific Power and Light COM
pany, in the court of Justice of the
Peace Hunt. was found guilty by a
Jury Saturday, on the charge brought
BY DR. Thomas Tetreau, the city
health officer. of criminal negligence
in allowing water from the Cascade
Lumber Companys mill pond TO be
pumped into the city mains, and was
fined se9s9 The case took UP the
better part of two days, the prosecu-
tion of evidence closing about noon
Saturday, after which about three
hours were consumed in the argu-
ments of counsel, the jury taking the
case about $50 O'Clock, returning
verdict in short time l. p. Engle-
hart. attorney for the Pacific Power
and Light company. signhed his in
tention of appealing to the higher
court.
DR.. Tctreau Recalled
When recalled to the stand Satur-
day morning. DR.. Thomas Tetreau
the city health officer, testified that
the usual typhoid season in North
Yakima correspondent with the fly
season, and that the summer epf-
demic had been generally distribut-
ed In answer to a question from
Mr.. Gilbert, Dr., Tetreau declared that
the outbreak in May was. unusual, as
It was confined to a well defined dts
trict and rapidly reached climax
and declined.
Mr. Gilbert asked how the time OF
the close of the recent epid emic COM
pared with the time of this agitation
In regard to the connection a the
Cascade Lumber Company's plant
with the mains of the Pacific Power
and Light company.
About the time that the agitation
reached its climax, when DR.. l4umsden
was called for. would correspond with
the last cases in the epidemic" re-
sponded DR.. Tetreau.
William Fortnier, chief engineer OF
the Cascade Lumber company stated
that conditions are practically the
same around the millpond as they
were a year ago, with the exception
that two toilets abutting the water
way have been removed
Miss Montgomery, the bacteriolo-
gist, who has been making examina-
tons for the city and county, stated
that the water in the pump at the
mill pond on Angus 1 showed evil
dences of colon bacilh.
what would the finding Of one
colon bacillus in one cubic centimetei
of water indicate?' asked Deputy
Prosecuting Attorney Gilbert Would
it indicate that colon bacili were
present in large or small quantities?
Large was her reply. rV
Would YOU consider it At for drink
ing purposes
II would not"
Examination by Englehart
Have YOU made tests of any other
water" asked Mr.. Englehart in cross
examination
Yes replied Miss Montgomery.
What other Water?"
"City water
"What other"
II object said Mr. Gilbert This
Is not proper ross-examination. The
general work that the bacteriologis'
has done since she came here is not
in question The objection was over
ruled by Justice Hunt.
Il have examined water from a
number of wells" Miss Montgomery
continued.
What other Water7"
Il think that is all"
Found In other Water
Did you examine the Puritas and
artesian water? Did you find thai
contained any colon bacili!
Yes
About in what proportion to thu
city water" asked Mr.. Englehart
The artesian water showed abou
the same as the city water. Th'
Puritas water showed but one bacillu,
to 10 cubic centimeters"
How about the wells ANY color
bacilli?"
YES"
81 think this is waste of time,
aaid Deputy Prosecutor Gilbert. "Thi
Jury is not sitting as a general board
of health"
THAT is all ] wanted to ask. any
way said Mr.. Englehart.
Typhoid from the Water
and a number of other residents OF
North Eighth street near there testi
fed as to typhoid fever in their fam
lilies after drinking the city water in
April and May and with this thu
prosecution closed its case.
ON the statement of Attorney En-
glehaIt that lie would present no evil
dence for the Pacific Power and LiEh
company, Deputy Prosecuting Attor
ney Gilbert announced that he voulc
submit the case 10 the jury as 4
stands. Mr.. EnKiehayt contends tha'
it did not waive his right to argue
but Mr.. Gilbert said he did. How
ever, Justice Hunt ruled that the de
Tense had right to present its case
and arguments began.
The Arguments
Mr. Gilbert, in presenting his cas-.