The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1884-10-17

was guilty Of violation of this statute. 1t |
is n question Of fact in this case Tor you to |
say whether or not IL was so done. You |
have heard tho evidence in reference to |
this matter--thc testimony of the defend |
ant, who tells you that he is not aware that |
he did make any sales of such character, |
that he sold nothing which had not been |
previously ordered You will take his tes- |
timony in connection with the other evi. |
dencc in the cause, and decide for your
selves In regard to that II you should |
find that he made no sales outside of his |
orders, then you would naturally conclude |
that he was endeavoring to keep within |
what ho beiiered TO be the law upon the sub
ject II Mr.. Edison, with desire to pur- |
chase some sheep, or butter and eggs of
particular individuals, took along with |
him variety of articles to exchange for |
the property he wished to buy, took along
his good rs a buyer, to buy for himself and |
his commodities only as payment for what
he bought IL that was all he did, 1t Is not |
violation of the law. II the defendants |
father, merchant having store and
buying and selling farm produce, for the
purpose of gathering in butter, eggs, poul-
try, calves, sheep and other things men,
toned in the testimony, sent out his son as
his agent. who drives from farmhouse to
farmhouse where he knows that the far.
mers have these things to sell and that
they are willing to take his goods for
them, and collects them, exchanging his
goods for them, and returns with his pur-
chase to his father--if that is all that is
done, 1t seems to me that it would scarcely
be enough to bring either the agent or his
principal within the definition of "a hawker,
pedlar, or travelling merchant so as to make
him responsible under this law But, on
the other hand, IL the defendant, travelling
through the country, visited both where
he knew persons had things TO sell and
where he did not know that they had any
thing to sell, and made appointment to-
day for (say) the day after tomorrow, that
| he would be around egain with lot of
goods which he would then deliver and
take the pay for, in my judgment that was
peddling.
There are several counts in this indict-
mcnt; and where there is specific charge
that kile or Gibbons or any other person
therein named bought OF the defendant
Gan allegation Of an unlawful sale to such
particular person., that count cannot be
sustained, unless you shall be satisfied
that there was this illegal sale to that per-
son within two years before last May. But,
under the general charge of sale without
license (thcre can be no license in this
county to hawk or peddle) if there was
proof of illegal sales to anybody other than
to these men named in the indictment,
within the two years, then the defendant
might be found guilty. Although, when
this matter was up before, we quashed the
indictment because of its not being suif-
cently specific, we say now that where an
indictment is not definite enough in stating
the names of persons, it is competent for
the defendant to call for bill of particu-
lars and thus to obtain the names as far as
the commonwealth can give them. II he
does not do that, he must take the evidence
|
case, illegal sales have been made, as
proved to your satisfaction, not embraced
in these counts where the buyers are men,
toned, you will Notwithstanding return a
verdict Of guilty, because then the general
offense charged will have been made out.
A single sale, if there was nothing more,
, would hardly amount to the violation OF
the law, would scarcely come under the
denomination of hawking and peddling
| it requires that there should be a system
, that the accused should go into it as
business, something more than few iso
lated acts bearing no relation to one an
other, in order to convict. If this defend
ant sold single paper of tobacco to Kile
7 or single paper of tobacco to Gibbons
under no general system of making sales,
3 would hardly think it case for convc
ton; but If these sales were part of {
system or plan for working off goods, al
the goods possible to be got off, either by
J delivering at the time out of the wagon OF
by making arrangement in advance to sent
them and bringing the goods afterwards
| s'ASh sAiNoS ""ieot oPPo'Shtg ~
in themselves, would nevertheless be il
, contraventton of the law Whether any
such sales actually took place is u matte
about which witnesses conflict and is
question of fact for you, as also the tim,
when the sales Cor either of them) occur
red, if they did occur, for repeat, and yo'
6 will bear in mind, that any oifense TO
which you can convict must have beel
committed within two years prior to las
May. The precise time laid in the indict
ment is not so material that the common
wealth is bound to show that the otfens
, was committed at the exact date stated
it is requisite that the alleged criminal ac
should be charged as having been done a
!. some time within the period set by til,
I statute of limitations in this case within
to demand that the commonwealth shal
D prove by her witnesses that the act was il
G fact done on the particular day named i
!, she shows that it happened within tn
e limit prescribed, beyond which prosecu
j. ton cannot be brought, that is sufficient
euCh Is tne seucrui rulc, anu sce no Ieu
e son why 1t should not be applicable here
t believe have given you all the princl
i Piles that need give you to enable you t
d dispose of this case. The defendant wa
J. not the owner of the property alleged t
/ have been sold by him as pedlar, a
u least not shown to be; he is the agent c
his father; but that agency does not pre-
tect him. A young man, about seventee
u years of age, sent out by his father, woul
u be responsible for any violation of the law
&c The act of assembly, as have read it t
r you, Isl "lf any person shall make illegi
:, sales" therefore il Charles Edison made |
= legal sales, If that is a fact, as a "a hawkel
!. pedlar, or travelling merchant" then
- may be convicted, although an agent and
- minor under the control of his father. Th
!, whole question comes back to you, theI
J. under the law as given you by the coul
a and under the evidence as detailed by tn
A witnesses, to whose testimony you wi
4 give such weight as you think It deserves
z carafnllv scrutiniZinp that Of intprpstc