Huber Boiler Case
HAMILTON. "Tim alarm of lire earlr resterdav mbrninar was caused by a small flame-In the cellar of Jacob II eld. on ruga street., , iiamage. Vitr. wife of Timothy Svnna died at her home, at Synimes' Corner, Sunday at ten o'clock, fr'ii n e rti Kervlcea at ttie h rmu. IiwIav mt tea lfu4 tiervices by ltev. Jamas, ol BpriugUsle, uhlo. Thb members of the Hancock Club of this city are reu nested to meet at the Court-house this even- luit. aLhalf-uust seven o'clock., for. the Durooae at atteiiUiru-r tlie meeting- and pole-raising at Con Tracey, in the Fourth Ward. A foil attendance Is desired. J. Campbkll. President. .The Hnber Boiler Case. Yesterday In the Common Fleas t'onrt. before Judge James A. tfllmore. of Katon, the case of Dr. m. Jliioer. xr. J. Mcisoeiv and others against Black fc t'luwiuin. In which tilalntiffsaeek tn en loin defeadaDM froiu carrying out that particular part of their mauiifacturtng business known as "boiler- making." i ne ease and - its - result u of vital importance to. the-' tax-payer of this city and to the future interests of Ihe town as a mannfactnrlnx point. The depletion ef the Connty and the City Treasury in years passed by uixlionent onice holders has necesNltated a hlifh rate of taxation upon an unprecedented and unjuatiy hikii valuation, wnicn na not only deterred capitalists and manufacturers from locating here, but has driven some of the best ones awav. Coupled with these things, now cornea tbe effort to use the Courts to clote up and crush out a young hut promising; manufacturing interest which ia, aud in the future would be If permitted to star, a greater credit to the city and from which a largo revenue will arise by reason ot taxes. Dr. Huber. on of the defendants, was tbe first Wltncas called. He said! "1 lis on Front street. Third . W ard, directly north of tne premises ana macmno soups of Black Ciaon, where tb defendants are en caged In making- boilers; my property Is luu feet ronton Front street, and extends hack arn feet. Cpon this there is a brick house which I ooiu-menced to build lu IMS and finished and moved Into some si me In lst7j my family consists of mvself, wile and six children, tlie oldest of whom is about thirty years and youngest twelve; I have one son ana ave danghters. Hy profession I am a practicing physician, and ray ofbu ts la tb basement of m v residence, and" has been there ever si nee UM7. There is an alley and a vacant apace or lot bstwssa this hotter-shop and my residence ; tbere is no bulidlug Intervenlmr. -The work of making boilers on Brack's premises commenced tha latter Dart of 17. The work Is dona, or tna greater part of If, in the open air on tbe vacant lot ; part in an open sueu, upon tne west aKte oi wdicb ara boards to protect tne workmen from the sun. There la an open siace of ten to twelve feet from eavsdowa. In thuopen abed is don this baminer- uhc which produuea tbe terrible aud, unearthly m.i.4. the thins; which annoys us. and of which we complain In our petition. - Folly one-half of tb work ia done outside of this shed and lu tbe open atr, and that only about -seventy feet from my hosse. My house,' .or- the mala building-, has no wlnduws on . the south side, bat a double porch. Into - which three doors and en window open, and are th ordinary way ot egress and vemitaUea ; thes are absolutely necessary for onr comfort, as in this partis our si t-tiBg-ruom. My folks, oa account ef this Boise, are necessarily compelled to Kuep tbe tteors and win dows closed, which desrroy our ventilation and manes tne neat oi ue rooms tots hot- weather almost .unendurable. The rooms above, which ' open on th porch. are . used aa sieepin apartments. These and lb lower ones are used most all tee time. The defend ants coramonee work usually about six o'clock In the muvnlns. and coiiubu sometime antil -after midnight; but this late force Is smaller thaa mat woraina- annul n u;. adobi one-half of the tins during- th paat three montba has been carried on into the nlirht: within Ihe last two or three month has greatly Increased ; ia growing worse and has been growing wore lor some lime; that It become more Intolerable every day; the prlnctpal noise is made in riveting th sheets ol wrought Iroa with iron hammers: there Is another noise made, I think by sledge hammers, which I think Is to bend tbe boiler iroa into belief shape; never beard any thing ilka It only when paaslng Owens, Lane A Dyer 5 ma, chine shop. This noise at Block place la at times greater than it la at others; tbe annoying noise is almmhs continusH ' th noise la such that It Is Impossible I carry oa conversation In nor house; even with lb doors and windows closed ny ia a a high pitch or key. This Is the same tn my office, and it is bard to hear or Bnden,tand a Batint id for uiem to near or understand me, J have no other place whnr I can take my patlenta to better the matter. On my health and that ef my family I think It is verv Injurious, I offered to sell my property,. as did McNeoly. and offered lo submit the terms of such a price to three disinterested persons. 1 told them the noise was Intolerable wad nbearabl. I asked them for compromise, and proposed to let tbem go on aad makeupwna Doners wnica tney naa oa nana; they lasxhed and hooted at me. Lhllman. the boiler-maker. said six months would not be long enough to finish op th work on hands. Mr. Millikin Yes. 1 suppose yen woo Id. for th gong la used lo call you to dinner. Laughter. He said he bad some patients within three hundred feet of the noise, and. although not ot inflam matory nature, tney were Kept from sleeping. . Dr. Dan Millikin was next called. As to the effect of the noise epoa the health of Dr. Huber and his family, ne saia it wouia in time ?aect tut health like any note long continued, and which Keep a certain erv boob a ton strain; In fact, the Ion continued Dots would be prejudicial to th": health, espestaily to the female ttontoa. 'AS w uii Hnuia tm neanngvi Boilermaker I have no particular statlnllcs, but have had som experience. When with Dr. William at Cincinnati, when a boiler-maker cam for treatment ot th ear (and we knew them as soon aa they entered tbe office by tb color of their beads r. If his health waa good and there was no acuta dtaeas of the ear. he was ciscnargea wiinout treatment, as It la impossible te do aay thing ia aca cases, th auditory, nerve being deadened or run oat by the constant strain. I teink tnere ts no noise la Long, Alslatter A Co. shops which would lujur th hearing. The discharge of a cannon will not deafen a person If he knows His about to be fired. Ia the case of boiler-Braking, there Is ao warning or preparation by the ear for receiving the noise, and in this consist a great deal of the lnjurv. The testlmonv was closed.ammuta were waived and the case will be decided upoa written briefs, which the Judge will take to Eaton, and hold under consideration, ao tb decree la th matter la a question of lime. Judge Ullmor want over and took a good look at the premise and surroundings. CotijtTT tLixOrrics-htw SniT Xo. tXSU. John P. Acton, administrator, vs. Thomas Moore et U Foreclose . - . . Cenndl Proceeding-.