Show LEWIS FOULGER ct s J 1 I Is a a the courtroom court room at the opening this morning presented a forsaken appearance there were very few attorneys present and hardly any spectators clerk A C emerson read the journal by consent of counsel the caso of sidney vs calvin wheeler was continued for the term tho case of J 8 lewis ys foul ger et al was brought to trial to determine whether a perpetual injunction should be granted or whether tho suit be dismissed J S lewis wae called and sworn he described deseri bed the property on tho block on which his residence is aits bated the whole of the houses on the block in question are dwelling houses with the exception of two churches and a schoolhouse folger co 8 building is ft brick structure with walls probably a foot thick tho building hiis commenced last spring when the building was commenced and it was understood it was to be used as a mill witness got up a petition opposing such proceeding which was signed by other property owners on tho block in conversa tion with mr carr one of the firm of foulger co witness to purchase the building at the cost of the building up to that date the afler was not accepted the dust and i from a similar mill on franklin street which is operated by steam when the the west is very disagreeable the noise is also annoying Court if a planer run by steam was put in the building iu question it would be sible for him to live in his house with any degree of comfort espe bially when he windows odthe mill were open cross examined by R K williams the witness enumerated several of the dwelling houses on th e same block as he lives als othe blocks south does not know the size and power of the steam engine used at the mills run by stoddard son cannot tell whether the noise comes from the machinery of stoddard sons mill or the machinery now run by defendants near by J td jones was called Is acquainted with the character of machinery necessary to manufacture the class of goods which the the defendants propose to manufacture it makes considerable noise the boise can be heard distinctly in adjoining buildings there would ace considerable dust and smoke and property would be depreciated precia ted in cross examination witness said he aid not biow the amount of noise made in a mill where a sur facca not used mrs shipley lives near mr lewis residence can hear the noise from gibbons Giba ons mill A buzzing noise when the planer is run nang dibut affect her a great deal the smoke is offensive sometime and comes right into the house when the wind is in the northwest the blacks mill pra ve of rash days mrs jane davis was called and corroborated the of the last witness 9 A recess till 2 was taken AFTERNOON SESSION mr wm davis ws called his evidence was corroborative of that of the last two witnesses I 1 E was and examined has had much experience with machinery the machinery proposed to be put in the mill in of great an boyance to persona residing in the vicinity A great depreciation in value of the property surrounding would also be the result cross examined it is impossible for such a mill to exist without being an annoyance witness put his shop where it would not annoy any body sarah ann was she lives opposite Gib sona milli the noise from the mill would make any person who is unwell very nervous dust is a source of great annoyance the mill has been on fire twice some tar barrels just were alao on fire on one occasion witness has observed sparks coming from the smoke stack cross examined does not know anything about the kind ot mas chinery foulger co would use L ft adams testified the erection of the mill with its machinery would probably depreciate the value of mr lewis property 40 or 50 per cent cross examined knows nothing of ane machinery to be used by the defendants adis only guided in his depreciation by the mills which aranow in operas tion mr joseph A west was examined the erection of a mill run by steam would increase thorace th orate of insurance forthe pro perty surrounding gross examined outside of insurance matters it is hid opinion that the hazard would bo increased thia closed abo testimony for the prosecution with the exception of the calling of one other witness who is at present out of town frederick foulger one of th defendants waa called and he is a contract by and builder they expect to put in a power engine or any other engine they feel disposed to also a buzz taw shaper scroll saw lathe and every other kind of machinery cesary to make 1 the kind of goods they intend to manufacture the machinery is classed as light woodworking machinery the machinery they expect to put in the building would be light for the engino they design to use the machinery is the same as that they are using now which only a G horse power tho line shaft will be run in a pit five feet below the floor thus taking the entire jar from the building the shaft would be beet upon a rock foundation separate from the building the smoke stack willa berun upa ai least 30 feet with a diameter in proportion to the size of the engine it is also proposed to put a spark arrester on the stack the ings made will be used as fuel for the engine the houses near by would not suffer eo much from the smoke aa those farther kofl the noise by the cHinery ron will hardly bo perceptible cep tible to passers by it would not be one sixth of the noise made by a regular pla ining mill described the machine in hobsons Gob sons mill which also has an exhaust fau which makes more loiso than the rest of the machinery this fan ia something thai could bo used in the proposed mill which will be run generally from 7 am till G pm cross examined by lion P II 11 emerson the object of putting in a 15 borso power engine to do six horse power work is because it will not consume more power than a smaller one the difference in price is not very great they came to the conclusion to put in euch an ens gine a day or BO before the sum mons was it was not put in solely because they expect to put in more machinery at timea tuey might such machinery in as the business may increase they will rip their lumber by a combination saw the line shaft being run from elow will demin ish the noise of the machinery at of to idress chis case was still being heard |