Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-06-17
DEFENDANT WAS oDDuRATE.
Robert Martin Refused to Promise
Compliance With the Law.


Judge Kimball had before him yesterday
a case unlike any other in his experience
and the consideration shown by him to the
prevail on the part of those present in the
court room, and commendatory remarks
from Prosecutor Mullowney.
Robert Martin, an old gentleman living
at No. sos G street southeast, was ar
raigned before the court on the charge Of
having refused or neglected to comply with
the regulations of the health department
relative to making the proper connections
between his house and the sewer in the
street.
Inspector o. T. Beaumont the complain
ing witness, testified that he served legal
notice on Mr.. Martin to make the connec-
lions required. during December of last
year, the notice expiring early in Janu-
airy. He had, he said, meantime frequent
ly urged Mr.. Martin to comply with the
notice, as he wanted to keep him out of
court. but on each occasion the defendant
refused to take any steps in the matter
and claimed, among other things, that the
city sewer had not been legally construct
ed, as it did not have the requisite amount
of concrete about the terra Gotta pipe used.
Upon being called to the stand by Judge
Kimball for the purpose of making a state
ment of his side of the case Mr.. Martin
acknowledged that he had received a
notice to make the connections referred to,
street sewer illegally built. he claimed. but
he had not the money to have the work
done
Judge Kimball asked Mr.. Martin whether,
If he gave him a reasonable amount of
time he would have the sewer connections
made.
Il cannot do anything in the matter I'M
less you give me at least one year." was
the response.
II cannot grant you any such time as
that" said Judge Kimball. Il am willing
TO give you thirty days
Il won't promise to do anything of the
kind answered Mr.. Martin.
I regret exceedingly to have to impose
a fine you. Mr.. Martin" said Judge
Kimball, but If you will not promise to
have the work done In a reasonable time /
shall have to do so, and In default you will
have to go to Jail for thirty days. Even
that will not help you because when you
come out of prison there will be another
notice served on you, and you will have
the same trouble over again.
Well, / won't promise any further than
l have already done. except to say that l
won't be the last man to fail to comply
with the law on the subject
How much is your property worth?' in
quired Judge Kimball. rs it incumbered ~
1T Is valued at about $1,000 and is free
of debt replied Mr.. Martin.
And you won't borrow $50, the amount
necessary. to do the work.?
No. sir. l won't go in debt. My income
is not more than $40 a month. and ! would
not borrow money to make any improve
ment on my property If you choose to
send me to Jail l will have to GO
Prosecutor Mulowney suggested to Judge
Kimball that the latter had certainly grant
ed MIR. Martin all the consideration that
could be expected from the court in the
matter, and thought the incident ought to
terminate at once.
Judge Kimball again appealed to Mr..
Martin not to compel him to fine him or
send him to Jail, but he was obdurate, and
the court then imposed a fine of s151, one
dollar for each day since notice. or in de-
fault thirty days in Jail. Mr.. Martin chose
the latter alternative and went below.