The Wilmington daily Republican., 1895-09-10
THE POWELL CASE,
Both Charges Dismissed in
the Municipal Court
KING AND PUaAETT HELD.
New Castle Hungarian Appropriated .
sheet slip and wni Have to Answer.

oHicer SCOTT at 2. 80 O'clock this morning
found Teddy" Mcguire very drunk at
Second aud shlpley street. LIE was lined
IS aud ooste.
Albert Spencer. and Bernard McHuah
were arrested as being suspicious eharac.
ters. There was no evidence and they
were discharged.
The charge OF assault and battery
against Frank Fisher was dismissed.
Eugene Jefieris WAS fined sl0 and costs
for an assault on Mary Staats. Last even.
lug he met her at sth and Jatnall street
aud struck her In the eye and knocked
her down.
James Otto. a Hungarian from New
Castle. was hell 10 5000 bail TO appear at
the upper court on the charge OF larceny
of sheet and slips.
William J. Brown, colored, vae held In
s200 batl for hearing tomorrow m orntug
on the charge of larceny OF IS yards OF
carpet tue property of Lydia Jofferls,
Mary White, oolored, was charged with
keeping disorderly house at 229 Adams
street. The case wac dismissed.
Austin Harrington on behalf Of Fred
Purnett and Irwin King waved hearing
to the charge of keeping gaming table.
Owing to the circumstances In the case
the youths were held 10 $500 bail for the
upper court.
chilled Mr. Hayes stated that tho City
Council had Jurisdiction over the curp
stone market but that in his opinion 1t
had not anything to do with the stalls
along or In the market house. He did not
intend 20 produce any witnesses except as
to Powell being renter. The court ask.
cd MIR. HarmHn wnat authority has the
city council ta make Ia further extect OF
the rights Of the act of the Legislature.
When the curb stone market was estab-
lisned the fish men came In and backed up
among the farmers.
City Solicitor Hartman maintained that
1t was u violation OF the law to sell fish In
the market.
The court could not SEQ what could be
done with tho section OF the not giving
q space OF four feet from the building.
The Ccuacil has no more right to make
q law prohibiting such thing no more
than to go into the public streets and
commit u nulsance.
II the Legislature had given right
them where did che Council get the right
to allow The farmers the rights to put
their goode oil the sidewalk. 1t has been
decided by the upper court that even
butchers sell and can cell along King
street. This case is brought as violation
OF the curb stone market The court did
not feel there was any doubt but that
curb stons market meant that It was
where the teams backad up against the
curbstone. Tie case was dismissed.
MIR. Hayes stated that his claim was
that Powell worked for his brother under
a salary. David Powell took tha stand
and deposed that he attended the staud
on the street. He rents the stall outside
and inside at s12 month. He weighs
his fish inside of the market house. He
turns over all tho money TO his brother.
lie has no interest In the business beyond
his salary.
City solicitor Harman said the evidence
given was something unexpected. lie is
the agent for bis brother,
Tho court stated that there was no
doubt but that Powelfs brother would be
liable for the action OF his agent. Ale
these things his property he Is sellingf
The law makes a distinction In the case
where an agent Is employed to defraud.
The testimony is that the nsn is IN busi'
ness today, aud We think tho wrong man
Ia In couIt.