The morning times., 1895-07-24
Occupying Public Space Without
Any Right Whatever.
JUDGE MILLER so DECIDES
Company Might as Well Run Girders
From Pole to Pole and Maintain
Bicycle Track or Roof Garden-Gen-
eral Manager Schoepf Sentenced to
Pay a Fine or Go to jail.

Mr.. w. Kesly schoepf, vice president
ana general manager of the lexington
and Soldiers Home Railroad Company,
again spent the afternoon in the police
court yesterday, while the charges against
the company were being tried before
Judge Miller. The hearing began at
2:30 O'Clock, and lasted about an, hour. :
Lawyer -4nhn Ridout, for the defense,
Ilied special plea, In the nature OF a
plea of confession and avoidance. II
set forth the fact that the road under the
charter granted to it by special act OF
congress in 1888 erected the trolley poles
referred TO in the information and strung
the wires thereon in 1889, and that the
defendant, Mr.. w. Kesly schoepf, did
not erect the poles and string the wires,
but it was done by the lexington and
Soldiers Home Railroad Company.
Prosecuting Attorney Pugh entered
demurrer, and stated that although the
facts alleged in the special plea were true,
they did not apply to the offense alleged
in the information
Judge Miller sustained the demurrer,
and Lawyer Ridout, for the defendant
then entered plea OF not guilty.
MR.. PUGH'S WITNESSES
Mr Pugh announced TO the court that
he did not propose to try the case without
witnesses, and would produce testimony
to prove the facts set forth
Precinct Detectives Barnes of the Sec
ond precinct, was called to the stand and
sworn. He testified to the existence of
the poles along New York avenue, and
said that he had counted them. From
seventh street TO the Boundary, he said
there were forty-five. He caid he knew
Mr.. Schoepf, but was unable to swear that
he was viCe-president and general manager
OF the road, and there a hitch occurred.
There was no one in the courtroom besides
the defendant who could swear to that
fact, and he sat in his chair with an
amused smile on his face and seemed
determined to make the prosecution prove
the fact.
About ten minutes were spent in trying
10 ascertain the whereabouts of someone
sufficiently familiar with the company
TO testify to Mr.. Schoepr's connection with
il, and it looked as though a resess would
have TO be taken, when Mr.. Ridout came
10 the rescue OF the government and
stated that his client would admit the
fact. That settled that matter, and the
case went on.
After the facts concerning the trolley
poles and wires and Mr.. Schoepfs respon-
sibility had been brought before the court
the argument was closed. Mr. Ridout say
ing that he assumed the position taken
by him on the previous day, that the act
OF Congress rendered null aud void any
District ordinance so far as the compan
was concerned.
JUDGE MILLER'S SENTENCE.
Judge Miller briefly delivered his opinion
of the case. He said that there was no
In III
property for private purposes, without
any right whatever to do so. If some
hustling mechanic, he said, were to build
house in the middle OF the street oveI
night the very first bakers wagon that
passed that way in the morning would be
stopped and the driver would demand the
city government to tear the obstruction
down. And if it didn't come do wa be would
know the reason why.
He said that the ordinance in question was
one that should be in effect In every mu-
nicipality, and it applied to the case before
him. If the company had the right, ht
said, to erect these poles and string wires
on them, there was nothing on earth to
prevent them from running girders from
the arms of one pole to another and main
tanning a roof garden or a bicycle race
course. He wound up by saying that tht
sentence of the court was that the defendant
pay a fine OF S25 or go TO jail for thirty
days in default.
At the request of Mr.. Ridout the sentence
was deferred until 10 o'clock this morning
when the defendant will appear in court
and the sentence will be imposed Mr
Ridout will then enter a writ OF habeas
corpus to test the validity of the ordinance.
Immediately after the continuance had
been granted Mr.. Pugh filed twenty-three
jnformations, charging occupancy each
day since the first day of July, and re
quested that the defendants personal bonds
to appear be taken by the court. This was
done, and the goddess of victory which has
been hanging over Mr.. Pugh's banner for
the past twodays perchedu dupouitaDdf famed
him with her wings.