Daily Republican., 1880-01-29
POLICE COURT.

De u. bhiunOuh ue1u Id GlUOO bhtI
Another Lengthy Session
The War On the Peanut Vendors
an Appeal from the mayors De-
cisiOn.
As was anticipated last evening the
police court room was crowded. Short
ly before the hearings commenced,
James Daley bailif Of City Council en-
tered the Court room and occupied a
seat behind the railing. His nsck was
we'll bandaged and though said TO bs
out Of danger he would at times exps-
risacs severe pains from the wound.
The first prisoner ordered to be placed
in the dock was J.. Thompson Simmons
who was arraigned on the charge of as
sault and battery on James Daley, with
intent to kill. The question being ask
ed the prisoner If he was ready for trial
he replied in the affirmative. Mr..
Daley was the first witness called his tes-
timony being the same as that publish
ed in the REPUBLICAN, las. Tuesday,
with the exception that after being
stabbed in the neck, he afterwards re-
ceived cut on his pants. Mr.. Sim
mons on cross examining the witness
endeavored to show that he (5immons)
was drunk and therefore did not know
what he was doing.
William McShea who was present
with Mr.. Daley when the stabbing oc-
Cured, testified to witnessing the de-
fsndant strike tae blow and noticing
Mr.. Daley to stagger.
Edward Sculley testified to seeing
Simmons in the middle Of the street
and Daley kicking him. Told Daley
not TO make a fool Of himself when he
put his hand up to his neck and said
he was stabbed. Told him If he was
stabbed it would be better for him to go
to a drug store.
DR.. Ogle testified to dressing the
wound; he was of the opinion that the
wound was caused by sharp instru-
ment; the knife had struck the bone;
believe Mr.. Daley TO be out of danger.
Several witnesses testified to Witness
ing q portion Of the assault. Simmons
had no witnesses, and stated that he
was not aware what he was doing as
he was crazy with drink. He was
held in $1,000 bail for his appearance
at court.
The next case was that of ANGELO
Cardinillo, peanut vsnder the N. L.
corner Fourth and Market streets who
was arraigned on the charge of viola
ting section 2, of the city ordinance. J.
H. Hoffecker, Esq, represented the de-
fendant and City Solicitor Macallister
appeared for the prosecution.
David Buckingham, the first witness,
testified to the defendant keeping a
stand at Fourth and Market streets,
and selling peanuts and foreign fruits
in the streets on the corner. Some two
months ago witness had bought pea
nuts from him saw him selling Yes.
terday.
David Lemon testified to the prisoner
doing a wholesaleaud retail business on
the corner, and also from the curb.
stone.
Mr.. Hoff4cker asked Mr.. Lemon if he
did not keep a store on Market street
and also if he had ever sold goods on
the street. To this question the wit,
ness replied 81 don't know whether it
is any Of ysur business" but receiving
a reprimand from the court he answer
ed 81 suppose | have" Witness on
being asked If he ever went down the
cellar, replied that lie never had any
business to visit the cellar.
Mr.. Hoffecker admitted to the defend,
ant selling goods at Fourth and Market.
Edward Darlington testified that
Cardinelli rents his place of business
from R. X. Robinson & Co.; besides the
cellar he also rents the second story of
the building for storing his goods. The
defendant sold goods from his cellar.
Jas. L. Devou also testified to the de-
fendant being the occupant Of the Gel
lar. His mode of business being to use
the cellar as a storehouse and also con-
Quoting sales in the cellar and cellar
way.
Samuel Shultz had seen Cardinelli
sell goods from the cellar. Charles
Hallala te,t fed to purchasing peanuts
and foreign fruits in the cellar.
Mr.. Hoffecker offered in evidence the
State license of CardinellI, aud claimed
it had been proven his client was a
storekeeper, and why should he be
crowded ont because he has not his
store above the pavement. Mr.. Hof-
fecker stated that he had pursh ssed
himself goods in front of His Hoa-
or's store, of David Lemon's'store, and
several other places, and he thought
liberal construction should be made by
the law, and that It should not b, con-
strued in favor of a close monopoly. He
thought the defendant was entitled to
the same right and privilege as other
Two years ago similar
move was made against the defendant,
but it was abandoned from the fact th at
he was a legitimate storekeeper.
Mr.. Macallister in his reply stated
that according to the law any person
who sells goods OR the sidewalk, in
front of his place of business,is viola
tor of the law, aud the store keeper
who violated the law should be punish
ed, no matter who ne may be. A store
keeper has right to expose his goods
within the prescribed bounds for view,
but he has no right to sell on the street.
Mr.. Lemon stepping up in front Of
the Mayors desk said, "Your Honor |
would like to say a word" but the
Mayor did not grant the request.
The Mayor stated that the law was
so plain that he could not go behind it,
and therefore he imposed penalty of
s5 and costa.
An appeal was taken from the May |
Dr's decision, and security was fur