Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1859-02-21
CITY & NEWS ITEMS
MONDAY MORNING, FRB,Y 21, 1859


q Plain and Ornamental Printing Of every descriplie
: dono at the Printing Establishment of the LeGa
on the latest mpr wed and rapid presses tn
best STYLE short notice. and reasonable rates Pal
cular attention paid to blank work Every descrpto
ofBndins done, especially Blank Books Ledgers Jouru
, ais Sales Books. Receiving Books, kc.. &c
= n For late City News, see third page
For Market Reports and Marine News, Sc
fourth page.
Police CoURT.-The market question wa
brought up before Judge Vail Saturday morning
in the case of Amos Travis arrested for violating
the new market ordinance This being Jury tri
al the following Jurors were sworn Henry Stal
Ter, A. Powell, J. NJ. Vaughn, W. S. Craig, s. L
Behel, Thomas Cragg, T. s. Paddock, D. J. Gar
ret, Samuel Colahan, Ephraim Wilson, IA. P
Winslow, A. W Pond
Mr.. Edward Russell, Superintendent OF markets
was the first witness called for the prosecution.
He had been Superintendent for about two years.
There were on the morning of the 5th OfFebrusry,
some fifteen teams and wagons on Ontario stl eet.
He did not count them at the time when the City
Marshal arrested Travis for not removing from the
old market grounds. On being asked what had
been the market hours during those two years, Mr.
Castle for the defendant, objected to the question
proposing to claim that there were and are no legal
market hours, and that no custom. however long
established, would constitute market hours, as con-
sdered In the ordinance under consideration. This
question involving the entire question of the ac-
ton, the City Attorney proceeded to discuss the
point.
He read from an ordinance of 1856, providing
that the market hours in the old market house, at
the corner of Michigan and Ontario Streets should
be from sunrise until halfpast twelve When this
house was removed, this ordinance was repealed.
He claimed that long established custom did con-
sttute regular market hours, such as contemplat-
ed and covered by this new ordinance He claim
ed, that as from o'clock A NJ to P NJ would
be considered as legal banking hours, although
there was statutew hch had fixed banking hours,
so in this ordinance, the hours which had been long
used as market hours, were such to all intents and
purposes [
He passed to another question which would be
involved, viz Whether there was any market
ground He declared that the Central ground, so
called had been bought and fitted up expressly for
thatpurpose, thereby rendering them strictly mar
ket grounds
Thequestion being referred to the Court, Judge
Vail remarked that although it was true that the
grounds at the junction of Bolivar and Miami
streets had been purchased by the City COun-
ell for the avowed purpose of devoting it to the
purposes of city market and although the matter
was so understood, that that locality was spoken of
IN Council and elsewhere, as the market grounds Of
the city, yet there had been no ordinance passed
by which the market should be established there
The fact of the ground having been purchased for
the purpose of market, implied that at some
future time, an ordinance should be passed by
which the market should be established and located
there, but no such law had been passed, and there
fore that ground was not in strict sense of law,
market
Hence, as the information in this case was brought
HgaInst Ii. .F--, 10 removing at the command
of the City Marshal to the market grounds. there
could be no prosecution sustained.
Upon the point of market houls he considered
that no custom could constitute certain time to be
legally market hours, but he would discharge the
defendants simply upon the other point, viz That
there is no legally established market ground.
The cases of Richard Salter, Henry Glue and
Asa Emerson, were of course included in this de-
cisiOn, and all were discharged
William Mackley, for passing counterfeit money,
was bound over to the Court of Common Pleas,
with $500 bail.
George Moore, who was guilty of stealing chick
ems, was fined $40 and sent TO prison for thirty
days. He won't get any "chicken fxings' there.
CLEVELAND LIGHT GUARDs.-This spirited and
enterprising Company who have recovered in great
degree from their effects OF the disastrous fire in
Franklin Block, will meet their friends in friendly
Festival and Ball tomorrow evening, at the Grays
Armory. The Company, under the command of
the efficient Captain Sanford, viii appear in their
new uniforms which have arrived from New York,
and which are neat, tasty and elegant We trust
that this Festival viii be fully attended, and the
Company realize large sum fIom.it The many
friends of the members of the corps will we believe
make this brilliant and pleasant party. Those
wishing carriages will leave their names at the
American.
r. Toledo papers say that all the Cleveland
Il Al. a. IT.