Daily Republican., 1879-08-13
TEST CASF.
Has q Tenant tho Right tn sub.let
Part or ISIS Stana-An Interest-

ing Case.
The poliee court. room was densely
packed last evening, the crowd being
40 sysst that many we're obliged to go
away without gaining admittance. The
cause OF so large gathing was no doubt
doubt owing to a test case that was to be
tried before the Mayor. For the last six
wears or more Robert Parry has been
renting from the Odd Fellows Hall
Company, one of the basement cellars.
Ever since the market has been on
King street and when it is on the West
side Of the street, Mr.::Parry has allow
ed farmer the privilege OF standing
in four feet of the building. For the
past two years farmer by the name OF
Albert Mckee has been standing in the
afternoons of Tuesdays and Fridays
on said space. 1t appears that Mr.. NC.
Kee has experienced no trouble about
the stand until two weeks ago when
he was ordered TO vacate the same by
the clerk of tho Market Mr.. Cannon.
Mr.. Parry in order to test the matter
told Mr.. Mckee not to move and that
he would be responsible. The clerk
Of the market preferred charge be
fore the Mayor against Mr.. Mckee and
the case was to have been tried last
Friday evening but was postponed on
account of defendants counsel not be-
ing present aud also on account OF the
absence of several important witnesses.
The first witness called WAS the clerk
Of the market, Charles Cannon, who
testified that about two weeks ago ne
met Mr.. Brinton who asked him If he
was clerk of the marketY witness re-
piled in the affirmative when MIR. Brin'
ton said ':you have got a duty to per-
form. lam chairman of the commit
to. on Odd Fellows Hall. We have a
certain number of cellars which we
rent and the parties sublet of their
stand.
The committee has held meeting
and passed resolution that there
should be- no sub.letting by any OF the
tenants. You must inform those FAR
MRS that they can remain there no
longer" Witness went after market
hours and informed a woman who was
standing there that she could not stand
there any longer. The next day he
met Mr.. Britton who said "you just
give the woman time to let her tell her
customers that she was going to stand
at another place. Witness allowed her
10 stand several market days. Last
Friday first met Mr.. Mckee occupying
the stand. Witness said that he in
formed him that he must vacate ths
place, when the defendant replied
hats all right, Mr.. Parry is going to
test this case" Witness replied that
he was not acquainted with Mr.. Parry
and that it did not come under his
jurisdiction.
Joshua Maris, ESD, counsel for the
d-frndant, asked witness if the stand
was ont four feet to which question
witness replied "Not to my know
ledge"
John Britton testified to being chair
+ man Of the renting committee of Odd
Fellows Hall Company. Witness sta
Ia that the committee had decided tC
i've orders to allow no farmer to stand
alongside of the wall on account of sc
much wrangling. Witness said he did
not rent the property to Mr.. Parry and
he knew nothing about the terms which
were made when he rented it.
Henry & kel testified to being the
Treasurer OF the Hall Company, his
business being to collect the rent
Messrs. Cannon & Carpenter who rent
the frst floor for grocery store consider
.hat they have a right to the space
which Mr.. Mckee occupies. He though
it was wrong. First, because the tenant'
are not permitted to sub let. Second
because it was a violation of the rules
Daniel Fa ra testified to there being
some difficulty some six years ago
about the space occupied by differen
parties, and in order to settle the affal
certain space was allotted ID the differ
ept tenants. Witness had no doub
nut what Mr.. Parry had the right t.
occupy the space. The only question
D was whether ll- had a right to sub le
it. He could not say when he rented
the basement to Mr.. Parry whether h
had a written lease or not.
Mr.. Parry testified to occupying tn
y basement cellar in Odd Fellows Hall
y He had never any written agreement
: The space is four feet from the wall
Q nobody had ever said what he shoul
use il tor when he rented year ate
= wear. Witness said he charged MI
> Mckee no rent for the space. He onl.
" occupied it about two hours on Tuesda.
!. and Friday afternoons. He gives wit
~ ~ ness as compensation pound OF butte
> and this witness said was no proposi
tion of his Had he not given him an.
compensation lie would have allowed
him to remain there the same.
a The Counsel for defendant claimed
that the Hall Company had no right t.
have Mr.. Mckee vacat- the place, un
9 less they notify the tenant to leave an
then re- rent it to him under thel
!. rules. Counsel claimed that it was no
. purely sub letting and that Mr.. Parr.
n had a right (not having any agreemen
a dl avn up) to allow Mr.. Mckee to stan'
. on the space SO long as he did not g
A beyond that space. Counsel cited severa
a points of Law touching the case
: His Honor said that he would reserv
his de ,ision in the cas-. until he woul'
consult with the City Solicitor and h
therefore continued the case until Fri
= day evening.
A Pleasant Excursion.
!; The excursion Of the G. Ii. A. t
Point Lookout on the Brandywine OF
:, the 2sth lust, will be Que of the mos
plpasapt affairs of the kind that has lef
!, this city. The facilities for amusemen
, are numerous and much more conven