Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-09-09

The lexington and Soldiers Home over
head trolley case. came up for trial in the
Police Court today but as the defendant,
Hamilton K. Gray, secretary of the COM
pany, was not ready for trial, continu-
ance was asked.
Mr.. Richardson, representing the Dis
trict, had no objection to a short continu-
ance, and the case went over.
AS heretofore published in The Star the
defendant was charged as private person
with occupying New York avenue with
trolley wires and poles for private pur-
poses.
When the case was called Lawyer John
Ridout for the defendant. said he would
enter plea of not guilty and ask for a
continuance.
The Roads Motion.
His motion for a continuance, as filed in
court, reads: ---.-r
Now comes the defendant by his attor-
ney and moves the court for continuance
of the above cause until the case of Will
lam K. Schoepf, appellant, agt. Walter H.
StoutenburSh, appellee, has been decided
in the Court of Appeals"
Speaking on the motion. counsel said that
some time ago there was a prosecution
against President Schoepf and Judge Kim
ball held the defendant guilty. writ of
habeas corpus was procured, and this writ
was dismissed by Judge Cole
This decision was appealed. and the ap-
peal Is now pending in the Court of -Ap-
peals and will De disposed of early in Oc-
tober, as it is on TIE special calendar.
In rendering his decision Judge Cole in
timated, Mr.. Ridout declared, that as the
questions involved were of such import
ance the matter should be allowed to re-
main undsturbed until the Court of APP
peals had reached conclusion.
For this reason he desired a continuance
ana ne thought the naftRr cO,,ld FaI
over until the Court of Appeals had passed
upon 1t one way or the other.
Short Continuance.
Mr.. Richardson, for the District, in reply
ign to counsers request, said:.
Il realize the Importance Of this matter
to the public interests and am anxious that
the laws be enforced. But at this time l
am not disposed to resist the reasonable
request of counsel for the company for a
short continuance. l am only willing, how
ever, that the postponement granted shall
be for brief period. My reason for so
stating is not because of the grounds ad-
vanced by counsel for the defendant, but
because of the obligations which must gov
ern me in my conduct before this court
while representing the Commissioners of the
District As matter Of law, they, and they
alone, are by statute charged expressly
with the duty of keeping and maintaining
the. streets free from distractions.
The Information in this case was not
filed primarily by them, and since its issu-
ance, and to this time, some Of them have
not been i'll the city, and have not had an
opportunity to consider the issue here pre-
sented. AS yet, therefore, I have received
no special directions or definite instruc-
tions from them as to the conduct of this
case or as to their policy in reference to
the matter. A brief continuance until
Wednesday can safely be granted"
Mr.. Ridout said he, of course would not
object to the short continuance. but ne de-
sired to state that in doing so he would not
forfeit his right to ask for a further con-
tinuance Wednesday in event of the Dis
trict's deciding to proceed with the hearing
Judge Scott said that as it seemed agree
able to both sides he would grant the con-
tinuance until Wednesday, and then coun-
sci might renew any molten he desires.