Evening journal., 1894-02-27
BOGUS SALE.
William Lockyer Must Stand
Trial on the Charge.
LAW EvADBDBY THE WORD SAVED"

Lewis Cohen, who.was AIso Arrested.
Took Advantage OF Being Released ON
His "own Recognizance" and Left Della
ware Behind-The Sale IL Alleged TO
Have Been Conducted at No 52i Market
Street.
There seems to be scheme on foot to
defeat chapter 06i. volume 1s, Laws OF
Delaware, which relates to the bogus
sale Of clothing. On Friday last, VIII
liam Lockyer and Lewis Cohen were
arrested by Detectives Wltsil and Nc.
Vey, on a charge Of conducting a bogus
sale Of clothing at No. 52l Market
street. Saturday morning they were
Arraigned in the Municipal Court. aud
were released on their own recognizance
TO appear for hearing this morning.
Mr.. Lockyer appeared this morning and
was represented by w. s. Hilles. Cohen
did not appear aud 1t is said he has skip
ped" Lookyer is also manager for the
London & Liverpool. at No. 800 Market
street.
The law under which the charge was
brought is found In chapter 66l, volume
1S, which is entitled An act TO prevent
bogus sales within the city Of Whining
ton-Section 1, II shall not be lawful for
any person engaged In the sale OF
any goods, wares or merchandise, within
the corporate limits OF the city Of
Wilmington to publicly and falsely and
with intent to deceive the general buy.
ing public, advertise or otherwise rep.
resent that such goods, wares or mer.
chandise, are or were either In whole or
part the property of any insolvent or
bankrupt, or the assignee OF any insolvent
or bankrupt, or that such goods, wares or
merchandise, were either In whole or
part damaged by fire or accident Of any
kind. Any person offending against the
provisions Of this section shall be deemed
guilty of a misdemeanor and upon convio-
tion shall forfeit and pay "a fine OF 800
Upon the trial Of any person for viola
tion Of the provisions Of this section the
intent to deceive the general buying
public shall be presumed when proof is
made of a public and false advertise
ment or representation aforesaid"
James Grier, of the Morning News,
WAS the first to testify. He stated that
on February 90 an advertisement
stating that clothing which was Saved
recently from a fire IN the building OF
Henry Cats & Co, of Baltimore, wal
for sale at No. 52l Market street, wal
inserted in his paper by Harry Cohen, 1
brother Of the man who WAS arrested
II was ordered to be charged 60 Londor
and Liverpool, and bill to be sent TO No
800 Market street.
Edgar l.. Haynes. assistant manager
of the same paper, said bills were paiS
but ne did not know by whom.
| William II. Rodgers went to Baltimori
and learRed from the FIRE department ant
also the insurance companies. that Cats
Co, were not known and no fire OF Oh
nature stated had occurred. He ais
consulted the city directories and Rscer
tsined that within the past two years N
such firm had existed.
Detective Witsil stated that on Frida,
night Lockyer acknowledged that he wa
tine manager of both houses, Nos. 30
and 521 Market street. When Cohei
was arrested he pointed cut Lockyer a
the manager and this was not denied b.
the defendant
Martin Montgomery, a driver 70
Bush's Express Company, got a receip
from Lockyer for a consignment o
clothing which he delivered at so
Market street.
Mr.. Hilles, in opening the defense, sait
the law read damaged" by FIRE, ant
that it must be proved that such was tn
case or that they were damaged in SOM
other way, before the case could be held
Judge Ball said that the evidence looke
as though the statute was to be defeated
by the phraseology Of the advertisement
in using the word saved
Lockysr, in his statement, said he wa
employed by Lewis Paris, of Philsdel
phla, as manager at No. 800 Marks
street now, and at No. 52l Marke
street previous TO three weeks age
Since that time he had nothing to
with the latter place. He accounted 70
signing the receipt because he was en-
ployed by Paris and the latter had chsrg
Of No 52l, until his lease expired yestei
day. Cohen, he said, was directly II
/ sponsible for No. 521.
At the conclusion Of the .testimon
Judge Ball held Lockyer in 5000 bail fc
his appearance at the upper court.