Evening journal., 1908-10-30
AN ODOR CASE
In CITY COURT
Edward P. Young, Of Alpha
Process Co., Dismissed, But
the Company is Fined
THEY WILL TAKE AN APPEAL

Edward a.. Young. presdom OF the
Nnha Process Company. Wis dismissed
from the charge OF violating chy health
1idirance In tt, case AGAINST him brought
~ the Board of Health at this morn
ing's session OF the city Court Az
the same time second warrant was
read charging the Alpha Process COM
pany. corporation, with violating q
city health ordinance Hugh NJ Nor
ris. attorney for Mr., Young. said thar
he knew nothing nbou. the second war;
rant and represented Mr. Young per-
sonallv and not the Alpha Process
Company. Mr. Morris refused TO ac-
ccpt service In the second warrant,
which was sworn out this morning by
Secretary Wigglesworth about half ah
hour before court convened.
Mr. Morris said that the return upon
the warrant was not properly made.
Chief of Police Black served it upan
Mr.. Young ANA when Mr. Morris OBJ
| iocted on the gre und that The warrant
read simply Alpha Process Company"
Assistant Solicitor Satttrthwaitc mov'd
that the reading be changed 70 ncluoe
Mr. Youngs name This. being done
il was contcndod that the corporation
was not embodied in Nh. Young and
judge Cochran then asked how was a
corporation 20 be Cotton into court
Mr.. Morris pidne Tell
There is a proper way to- do that"
! replied the attorney "but under the
/ circumstance 1 do not feel that l
should advise the prosecution how O.
do it"
Mr.. Morris brought In several
technical points ass objections TO ihr
second warrant judge Cochran said
that he did not mean To allow too many
tochnicalitios to delay the court.
Il have no intention OF delaying the
court replied Mr. Morris. "but / must
insist on the rights Of nay client"
Witnesses testified that they had
been disturbed by onensivc odors. hul
could not say whore they came from
l.. T.. ulrick, city health officer. tes-
titled that he made am Investigation or
October FL ard on last Monday III,
said that he went down TO tho bal
grounds beyond Market street bridge
close TO where the company is located
He said be Watched tho smoke from
the chimney float over and when 4
] I"'AAi'NA w ANN AANNANA AA' NNNN NNW WNNW
whore the odor came from patroimal
William j. Burchonal also said that h'
helped to make the Investigation witl
Mir Ulrick Charles G.. farrell {
store keeper. testified that he did no
know whore the offensive odors cam'
from Edward Peer and Percy Mich
olson. employees of the Harlan an'
Honlngsworlh Corporation could no
state where the odors came FROM al
though they seemed Co blow Ip from
the southeast
Had Charge Dismissed
Mr. Morris said there was no cvi
dcnce brought before the court con
corning Mr. Young. who. he said. wa
not liable for the corporation. MI
Morris further stated that he was no
acting for the company and asked tha
the charge against Mr.. Young be de
missed.
Assistant city Solicitor satterth
waite then stated that he was ready
bring up the charge IN the second war
rant But Mr. Morris said that n
could not appear for the Alpha Pro
cess Company considering the way IN
lswarrant had been made out an
served. Mr.. Satterthwaitc claimo
that In the absence Of a defense th
court could impose a fine. which h
stated was S4O Judge Cochran I'M
posed the $40 nne and ordered chic
Black to see that IL was collected
Later Mr.. Morris asked the court q
fix a bond IN case an appeal from ~
ane should be taken. The bond wa
fixed at 500.