Arizona republican., 1910-06-02
INVESTIGATION IF A SMELL Trunk Nuisance Case Was
 On Trial lx.; :1 DIVIDED EXPERT TESTIMONY 
 Defense Relies Mainly On the Contention That a Butcher Shop is Neces- sarily Different From a Perfumery Emporium
DIVIDED EXPERT TESTIMONY


For several weeks past John Hyder and Joe Fink have been having con
 siderable trouble over sanitary cOndi- ions in the rear of Fink's butcher
 shop that adjOins Hyder Brothers
 store of which MT. Hyder is the
 senior member.
 The difference caused a dispute a
 few days ago resulting in some hard
 language that caused the arrest of
 Fink by Tylder and in court Fink
 pleaded guilty to the charge and was fined a nominal sum which he paid
 All seemed to be getting along well
 with the two neighbors until last
 Friday. the 27th. Hyder claims that
 the butcher started a fire in an open
 grate in the rear of his place of busi-
 ness and he CHyder) was unable to open his rear door for ventilation on account of the smoke. and also from
 the stench of a chicken pen located in
 the rear of the butcher shop. As this was considered by MT Hyder as a nuisance he went before the authori-
 ties and swOre out a complaint against Fink, the charge being d mis- demeanor. The trial was set for yes
 terday and came up before Justice Carr at 10 o'clock Hyder was rep resented by Attorney Charles Wolfe and Mir Fink represented or defended his own case. Marshal Brown was the first witness for the prosecution and stated that about six months ago
 Hyder called his attention to the con- dition of the butcher shop. next door. managed by Fink and as the conditions were offensive owing to the odor from the chicken pen and refuse that was burning in heap. he called Mayor Dimes to the scene and later advised Fink to clean up the yard and do away with such things that were Of- fensive to the surrounding communi- ty. which he stated Fink promised to do. Since that time his attention has been called by Hyder to the condi- tions still existing and though he thought the yard was kept in as good a condition as circumstances would permit, there nevertheless existed an offensive odor every time he made an investigation. Mayor Dimes, the next witness, corroborated the Marshalrs statement and further stated that the rear Of Hyder Brothers store was filled with smoke on one of his visits from smOuldering fire under an oven from which there was no Hume or chimney to carry off the smoke.
 R. N. WoOlf, George Compton. Doctor Cummings ad F. R. Finch. all prosecuting witnesses, stated that on about May 27th John Hyder had called them to the rear of the store i and they all detected an offensive odor of smoke and smell from the chicken house that was noticeable in | the rear of the Hyder Brothers store. i
 Mons EllingsOn testified for the de- | fense that he, being the proprietor of | the building in which the butcher | shop was located. has occasion to call | in the yards in the rear and that he 1 was satisfied with the cleanliness Of | the place as he considered it was as well kept as the rear of butcher shop could be expected. F.. H. Jer- rid, Clarence Clark. and Ramon | Montieo. all employees at the butcher Il shop, stated that they got instructions to keep the yard clean and burn up Il all the refuse that they rake up II every morning in the rear of the II shop.
 A. 'fibSOu WHO OCEupleS the II store building adjoining Finks on the II north testified that the butchers yard was as clean as his own, though said after returning from the rear of the |. butcher shop he at once got busy and II started cleaning up his own back yard. He further stated thSt as he Il seldom had occasion to go to the rear 1f the building the fumes from his II leighbor did not particularly annoy II lim. II
 MT Fink claims that he has tried II lis best to keep the place clean and III hOugh he says there were days when N he flue did not work to carry off the II 'moke from the fire that he uses IT lbout once week for the purpose of II leating water. that annoyance has U low been properly adjused.
 MT. Hyder claims that the smell !, rom the chicken pen and old bones md rubbish that accumulates daily HI beside the offensive smoke makes it III for him to keep the door md window in the rear of his store HI losed.
 The case closed about 11:45 and, in up. Attorney Woolf stated III 'efore the court that, according to the estimony given, the place was a nui- lll ance and that Mir. Fink was unques- ionably guilty of the charge. and III hOugh it might be that the place proba- VIII ly was kept as clean as circumstances lIl would warrant. it was not saying that HI
 slaughter house could be placed in MI
 community without causing all U