Arizona republican., 1910-02-26
.AAOlEY Ex0nERATtD
 N CHICKEN CASE
Garbage Charges Preferred by Can ming Are Unsupported by the
 Evidence.

The trial before Judge Thomas of | Elwood Hadley on charges of violat ' ing the garbage ordinance, preferred , by J. W. Canning. terminated yester- | day. Mir. Hadley was discharged. vim ' dicated and exonerated.
 It was charged that Hadley violated the ordinance by feeding his chickens ; with the leavings from the dining room table A precedent was estab- lished by the case chiefly through the testimony of City Health Officer Dr. Beauchamp. that scraps from the ta- ble, other than waste material. placed in the chicken coop. does not consti- tute garbage. Coffee grounds and orange peel and matter that fouls will not eat Is garbage and should be dumped in the garbage can. The first witness was Canning. who appeared in court carrying an un- slightly package which he endeavored to have introduced as evidence. as Exhibit A." The package contained garbage which Canning said he got in Hadley's yard. It was opened and placed on the table while spectators held their noses and moved away. Judge Thomas ruled it out as the garbage was not collected on Feb. D. the date of the alleged infringement of the ordinance. It was returned to Canning. who wrapped II up in the newspaper again and left the court room.
 From the testimony of Hadley and others it was shown that Hadley's chickens dine on the fat of the land with d regular Delmonico menu. The chickens are fed nothing which is not fit for q human being to eat before it is made up into q sort of mash" As a result of this high living the chickens are fat and every one of them lays an egg day as a sort of thank offering for the kind treatment they get.
 When Hadley was placed on the stand he endeayored to show that there was malice behind the com plaints made by Canning. This was ruled out as irrelevant. Hadley said: Four years ago I rented the house to Mrs. White for two years. There is a vacant lot on one side and she wanted to put up some tent houses. I asked the council if she might do so. and was tofS that she might. pro- vided no one objected. I knew that Canning would be the only one who might object so l went to him and he said he had no objection. Later on Canning did object to the. tent houses because he did not get the job of put ting them up.''
 In regard to the unsavOry exhibit brought in by Canning. Hadley said: T don't believe he got it out of my chicken coop. He probably took it ont Of the garbage can,4
 Miss Myrtle Pickens. the house. keeper for Hadley. testified that the coop was dry and sanitary and that everything fed the chickens was good food from the table. Mrs. Ralph Brett. who is staying there, testified to about the same thing. as did also II. NJ. Helmke. one of the boarders Dr. Beauchamp then explained just what garbage is He said that if more food than the chickens eat is placed in the yard or coop and allowed to remain there more than one day it becomes garbage and should be raked up; egg shells placed in a coop are not garbage. but orange peel and all waste matter is.
 The case was conducted by Tom Prescott for the city and John Lam- precht for the defense.