Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-07-02
OBJ TRUCTION CASE S
Will Be Tried on Habeas Corpus Pro-
ceedings
}
Mr.. PUgh Considers His Position Vim
dicated-The Victim Chosen
to Go Down.

The sidewalk obstruction cases came up
before Judge Kimball this morning for
trial. In all eighty-two informations were
issued against owners and lessees jointly,
the majority of whom are produce dealers
along Louisiana avenue. Attorney James
S. Pugh represented the government in
the case which was put on trial. Mr. H. F.
We edward was Retained to represent the
Defendants.
1t beirg the intention of the parties in
terested in the outcome of the matter to
test the jurisdiction of the Police Court in
these cases it was elected to try one of
the defendants who was willing ito go
down" in case CT a conviction. In that
event, Mr.. Woodward said, it was the
purpose to secure a writ of habeas corpus
either from the chief justice of the ST.
preme Court of the District or else from
the Court of Appeals. In case of convic
ton, Mr.. Woodward said, he would ask
the judge to allow the defendant to go at
liberty until he could prepare the writ.
AS showing how the law works a case
was called in the Police Court this morn
ing before the other one came up. 1t was
that of Rudolph Jouvenal a stonemason
near the Capitol grounds, who was charged
with obstructinS the street with stone
from his yard. He had no lawyer, and
did not enter into the ''certiorari spirit
and given rise TO SO much controversy in
Police Court circles.
His trial was brief one. He was fined
800 and he was placed under bonds to re-
move the stone within two weeks, al
though he claimed that it was almost i'm
pc ssible to get it away much inside of
month.
The Selected Victim.
Then the regular obstruction cases were
taken up. John c. .Isel of the firm of Bess-
Ter & IseI was the defendant in the case
heard, though Mr.. Pugh said that if he
was guilty his partner and Mr. c. NJ. En-
rich from whom they lease the sidewalk,
are equally gritty.
Mr.. Woodward announced that all those
who are charged, under these informations,
with maintaining distractions had agreed
to remove them, commencing tomorrow
morning, and proceeding with all possible
diligence. With that understanding Mr..
Pugh had agreed to continue the other
cases.
In order not to prejudice his case Mr.
Woodward entered plea of not guilty in
stand on the south side of Louisiana ave-
nue., at the corner of 9th street.
The principal witness in the case was Po-
licemte Breen, who was put upon the
stand TO describe the situation as 1t exists
around that neighborhood. He said that
the sidewalk along there is thirty-eight
feet wide and one-half of that is occupied
by this firm and others on the block Bess-
Ter & Issl have the sidewalk covered with
stands and counters, on which they trans
act retail meat business. Above it all is
an awning of wood and iron, substantially
constructed.
Mr.. Enrich testified that this awning was
rebuilt couple of years ago by order of
the building inspector.
Judge Kimball stated that in view of the
direction the case had taken, the proper
thing to do would be to take Mr. Isers
bonds to appear at some future date for
sentence. Mr. Woodward agreed to be
ready by tomorrow morning to go on with
the writ of habeas corpus. Mr.. Isel will
then be remanded to the work house pend
ing the application.
Mr. Pugh looks upon this as vindication
of the position he has taken with reference
10 these cases. He expects to see Louisi-
ana avenue all cleared out by the last of
the week
While the courts decision will have the
effect of clearing the Louisiana avenue
sidewalk, most of the merchants will still
remain in business there. This, of course.
will necessiiate alterations in the build
ings and the alterations, it is said, will be
made within the time allowed the mer-
chants by the court