The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1875-08-12
The SAMPLE Merchant Case,

IAN OF last week on the arrest ana me Oh MI
Rahm, and with view to doing justice to all
parties interested, as we'll as to place the facts
before our readers for their information, we
copy from the Vindicator of the 18th, the cyl
dence upon which Justice Cease says lie foun-
ded his Judgment, and the statements Of J. A.
Bickle and A. S. Mauzy, two gentlemen OF
high standing and unimpeachable veracity
STATEMENT OF JUSTICE CEASE AND TEsTI-
MoNY OF OFFICER GREGORY:
was sent for by Policeman Gregory to come
to Mcssrs. Bickes' shop. started up and got
as far as Mr.. Weller's shoe store, when | saw
Policeman Gregory and N. c. Gregory. assis--
tant assessor, having some one lncharge and
they told me that they wanted me at my office.
l went down and found the man Rahm under
arrest. Policeman Gregory madea statement
| that he had asked Rahm to show his license
and he positively refused. then swore Po-
lccman Gregory and N. G. Gregory to testify.
Policeman Gregory's testimony was as follows,
to wit:
was informed by Commissioner Hudson
that there was a man of the above name lde-
scribing hm] selling goods rs sample mer-
chant and was informed he had no license
Learning that he was at Messrs.. Buckles,
went there, and inquired of Mr.. Y. M. Bckle,
calling him into his ware rooms, if the gentle
mans name was Rahm. He told me it was
l then asked him if he had license and he told
me he did not know. / then went to the door
and called Mr. Rahm in and asked him If he
was selling furniture as a sample merchant,
and if he had license to do SO, whereupon he
replied it was none Of my business whether he
had or not. I told him | was poce-officer
| of the City of Staunton. He then came to the
door and / told him he would either have to
show his license or go btfore magistrate. lie
| told rna If T hattor man tban bn
could take him there. l then saw a young man
and sent for Squire Cease and waited one half
| honr for him to come. While waiting on
Squire Cease l told Mr.. Jno. Bckle, while at
his desk, that if the gentleman had license
he had better show it or go before magistrate,
whereupon Mr.. Bickle replied he thought so
| too. Squire Cease did not come and my BROTH
er came up. AT that time I went to the door
where Mr.. Rahm was standing. asked him again
| for his license. He still refused to show *. l
then told him again he would have to 90 before
a magistrate, and summoned my brother to as
sist me. He then Put his hand in his breast
pocket in threatening attitude when we clincll-
ed him. he resisting and kicking at us, and
threw him upon the floor. he then offered to
show his license but not before, but told him
it was too late, he would have to go for resis-
| ting an officer.
This is the testimony of the policeman, and
was not contradicted by any witness. The
City Attorney heard part of the testimony,
but not that which was strongest for the Com
monwealth. He advised me to reprimand Mr..
Rahm for refusing to show his license and let
him go; but added that if [ thought from all the
evidence which had been heard by me he ought
to be fined, then | should impose small fine
on him. Believing as l did that he should be
fined, fixed the fine at s..
The law is that any officer of the county or
! corperat on has right to demand of any sam
pie merchant to show his license, and arrest
him if he refuses, and no other officer besides a
! policeman carries a badge or any evidence
about them to show that they are an officer.
STATEMENT OF MR.. J. A. BICISLE.
Mr.. Rahm came to my furniture warehouse
in the morning, and Mich. Gregory, deputy
Revenue Commissioner. came in. Twas show
ing Rahm where we had been burnt out, and
Gregory went out with us to sec. Rahm vert
out and left his trade photographs on my desk.
Mr.. McNemara, standing there, asked if | had
ever bought anything from him. and laughed
and said ''would it do you any good to know. -
After dinner Mich. Gregory saw me and said
he believed Rahm was selling without license.
l told him had bought from him before, and
thought he had license, but thatRahm would
| be here in the afternoon and he could very ea-
silly see In the evening Rahm had come back,
and bought some goods from him. Nick.
came back and asked me if | had bought;
1 told him had, and that thought he had Il Ii
| cense.
In the evening Charlie Gregory, the police
man, came up while Rahm was there. He
called Rahm into the house and said something
| to him, and when they came out both were
smartly mad. and ruflled. Rallm said show
me your warrant upon which you arrest me-
Gregory said it didn't need q warrant for this
case. Rallm asked Gregory three times tor his
authority and get the same reply, and Rahm
said finally. ..Then Ill be ID if you can
| fol r fol- con,nhD1v
to ''go and tell Mr.. Cease to cometlp here. y
Both came in. Gregory came to me and said
John, do you think this fellow has got any II
cense.' l replied, ''yes, think so,.or would
not buy from him.'' We then went to the
door, and Mich. Gregory stepped up on the
porch. Charlie Gregory then stepped up to
Rahm and, so cody and deliberately that
thought everything of bad feeling was over, land
suppose that Rahm thought so too, for he
said Gentlemen, don't want to get yon all
into trouble,' and went to put his hand into
his pocket. Both the Gregories seized him.
and pushed him back. My brother pushed
Mich. Gregory off once or twice and said, LET
him show his license. he has one; They
summoned Y. NJ Rickle to assist in the arrest,
but he didn't take hold, waiting for Rahm to get
his license out Rallm once or twice told them
that he had his license, but they as often repli-
ed, cit is too late'' With the assistance OF
Mr.. Butler they got him down on the floor and
put the nippers on him. My idea was thaJ ne
was keeping them off to get q chance to show
his license. After they got up Rahm asked
nv brother to get his license out and show it,
which he did. After Gregory saw it he said,
II release you of the license, but arrest you
for resisting.'' They then took him OIL to the
magistrate.
STATEMENT OF MR.. A S. MAUZY, COUNSEL
FOR RAHM:
Mr. Rallm's statement to me was that he no
ticed Mich Gregory (not the policeman follow
ING him around in the morning. as he suppos-
ed, for the purpose Of spying him ont; but dd
not know who he was, only noticed That ne
} was on his track. Late in the evening he was
at Mr.. Bckle's store and Policeman Gregory
approached him. He did not know he was q
policeman. He said, 81 understand you are
selling goods in the State Of Virginia. To
which Mr.. Rahm replied, Il don't know that
it is any of your business ii L am, Then
Gregory said he would arrest him; and Mr.
Rahm demanded his authority for SO doing
Gregory replied he didn't need any authority
that he was an officer and would take him be-
fore the Mayor. Rallm then sat down saying,
ssWell, you can do so if you are better man
than am" At this Gregory turned and went
off and sent boy, as he 60 said, for Justice
Cease Rahm then walked into the store. A
short while after he came back and was lean
ino.against the door when both the Gregorys
approached him. As they did SO he said to
them. 81 don't want to get you INTO any trouo-
lie. gentlemen, snor do L want to get into any
myself and placed his hand in his SIDE breast
pocket to get out his license. AS ne ditt so both