Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-06-01
NO OBSTRUCTION.
| This Charge Against q Livery Stable Not
| Sustained by the Evidence.

This Charge Against . Livery Stable Not
Sustained by the Evidence.
There was case before Judge kimball's court
this morning, brought in after voluminous
correspondence between the police department
and Mr.. David Fitz Gerald, clerk in
the War Department, who resides at No.
1416 street northwest. On johnson avenue
between 14th and 18th and r and s streets is a
livery stable, and Mr.. Fitz Gerald's complaint is
all directed toward this establishment. He COM
plains OF the packing of carriages and
the Harvesting of horses ON the thor
oughfare in front of his place. After
the starting Of the correspondence Maj,
Moore addressed to Mr.. Fitz Gerald the follow
ing: Il lnclose herewith for your information
copy OF statement made by James l.. Pugh,
r., esq, assistant attorney, d. c., from which
1t appears that the police department is power
less TO aid you in the matter complained of in
your communication of the 21st ultimo.'
On this Mr.. Fitz Gerald Endorsed, "Why pow
erless? The man either violates the law or he
does not. viii the police say he does not?"
Mr. Pugh's statement. mentioned by Major
Moore, is as follows: Mr. Fitz Gerald, the COM
johnson avenue, appeared at my Office
and declined to swear to the in
formation in support of his letter, which
was addressed to the major of police.
or course, on his declination to swear to the
information. the matter could not be further
prosecuted. On this letter Mr.. Fitz Gerald
wrote: 'What was the matter with the police
prosecuting it?' and sent both letters back to
Maj. Moore.
FURTHER LETTERS.
With them was a letter from Mr.. FitZ
Gerald in which he found fault with the police
and wanted to know why he should have sworn
to the information
I'm conclusion. major" wrote Mr.. Fitz
Gerald. do YOU mean to assert that because q
firm of wealthy brick manufacturers are at the
back OF this gross outrage upon the rights of
that there is no redress unless information
Is sworn to by the parties aggrieved? What are
the police for? Can it be possible that poor
negro cannot drop asleep on the curbstone OF a
street without being arrested and that man
can park carriages and buggies along there
civil proceedings in "the matter. 1t was evil
dent that Mr.. Fitz Gerald was not going to
swear to an information, and SO Policeman
Wright Hawkins went to the Police Court and
swore to the necessary paper charging an OBJ
struction Of the street against Mr. Thompson.
THE CASE TRIED.
The case was tried in Judge Kimball's court
this morning and a number Of witnesses were
examined. Residents Of the neighborhood,
other than Mr.. Fitz Gerald. were in the court
to say that there was no obstruction to them.
The defendant explained that carriages were
only left there on the street long enough to
move them in and out in the regular routine of
business. He also said that Mr.. Fitz Gerald
wanted to get rid of the stable, rs it did not in
crease the value of his property. and he wanted
a conviction in this court to help him in the
civil suit.
And" he added, 'Mr. Fitx Gerald is always
writing letters to the Commissioners and Mai.
Moore
MIR. FItz Gerald denied that part Of Mr..
Thompsons statement SO far as the civil matter
was concerned, but Mr.. Thompson referred the
court to the correspondence in the matter,
which the court said was not evidence.
Judge kimball in disposing of the case said
that if carriages were permitted to remain in
front of the stable only a reasonable length
Of time there was no violation Of law, but they
could not be kept there an unreasonable
length OF time and cause an obstruction. In
this case the proof did not make out a case,
and the charge against Mr.. Thompson was dis
mi