The daily gazette., 1880-01-29
FIRST EDITION.
Aoas,. The Pea,.,.t Mem.
rnE RRosBguFIoN AMI pBRsEcuTIeH oy
rnn FRuIr AMI NUT vENDgRs oon-


, raK Fsurr AMI Nut vENDERs ooE-l
TINUKD.
At police court last night the war on
the street peanus veuders, was 7, sunied
with even a greater flourish Of trumpets
than that with which it was tnaugurated.
The names of the prosecuting witnesses
are NJ fellows: David Lemon, ID. e.
buckingham, James H Beggs, Y, james
Belt. esIBarclay, J. Hanoy, WIN. Ru-
bio, Alexander Chandler, W. Heisler,
Theodore Francis, Mr.. 5lpple, Mr.. Har-
vey, WIN. r. Brick, and Mr.. Sisier.
Angelo Cardi eilo, the vender at
tim. He was represented by j. II. Hof-
fscker, Esq, while City solicitor Mac
aliister prosecuted the case for the
city.
.E. E. Buckingham testified that the
Nand was on the sidewalk, and that he
had bought nuts aud fruit from him.
DAVID Lemon gave voluminous evil
dence. He said that the stand was
there, and the prisoner sold many things
and made many sales. "Ib tact, he
keeps a retail store right on the corner,
and sells to the detrirnent OF us other
dealers. saw seventeen 2-bushel bags
OF peanuts on his Sidewalk some time
ago." said Mr.. Lemon.
Mr.. Hoffecker cross-examined the wilt
ness. He asked:
"Do you keep fruit and confectisL-
cry store down town?'
aYes"
"Do you keep goods exposed in front
for sale 2"
"Yes.'
ADO you make sales IN front Of your
store on the street?"
swell, 1 don't know about that"
"But l want you TO know; l repeat
the question:"
"I don't know as 1t is any OF your
bus! ness"
The reply brought forth q reprimand
from Mayor Almond, and lac compelled
Mr.. Lemon to answer, the result being
An admission that he sometimes did
N AXE saI In front OF the store.
For the defense Edwaid darlington
was called. He stated that Cardiheilo
rented the cellar and second story room
of X. X Robinson 70 Co.'s banking es.
adjustment. He exposed goods in front
OF the store and kept them In the cellar
at night. He frequently conducted sales
IN the cellar aud on the cellar steps. The
IL bags OF peanuts mentioned by Mr..
Lemon as standing on the side walk had
just been received from Philadelphia
aud In day or two were stored away In
the second story.
j. l.. Devou stated that Cardi nello
used the ce liar as a store room and con-
Lucted sales there and on the cellar
way.
Charles Hallam aud s. w. Schultz tes-
tilted that they had purchased from Gar
dinello In the cellar.
Cardinello's State Incense was put In
evidence.
Mr.. Hoffecker then argued for the de-
fense. He held that liberal construc-
tiOn should be put upon the law, and
shat AZ 1t had been shown that the priso-
ner had occupied the cellar as q store
and often made sales there, he was AZ
much store keeper rs any one on Mar
I ket street The move against the priso-
ner was prompted by n narrow minded
prejudice. With regard TO keepiEg good
| exposed outside, he argued that Mr..
Lemon had admitted the same thing and
| that he also made sales on the sidewalk.
| Mr.. Hoffecker also stated that he had
bought in q similar way at the store of
| j. p. Allmond Il Co, land at oi her places
| ON Market street.
Mr.. Macallister replied very briefly
| saying that under the ordinance any one
who sells goods on the sidewalk in
| font of his place of business, Is a viola
| no matter who he may be. He has q
right 10 expose his goods on the side
walk, within the pTescribed bounds, tor
view, but not for Sale.
The Mayor said that the law on the
| ,ubject was SO plain that IL WAS impossi
| 0le for him to 10 behind it, and he vas
| obliged 10 impose the prescribed penalty
| If SO and COSTS.
The defendant, through his counsel,
| appealed from the decision and gave
,ecurity.