Evening journal., 1899-09-16
THE HALLSDISCHARGED
Market Space Case in Court
for Second Time To-day.
NO CAUSE FOR AN ARREST

TALLE1 VS.. JOHN B. AND WILL
LIAM HALL. REGARDING A
SPACE IN KING STREET MAR
KET-oTHER CASES.
For the second time the case against
William b. Hall, charged with illegally
Occupying a space in King street mar
ket, was dismissed in City Court to-
day by Assistant Judge Cochran, pre-
siding.
The case grew out of the rental by
Clerk OF the Market Connell Of space
No zoe King street market to two
parties, Eli Talley and John w. Hall,
both of whom had legal permits to oc-
Icupy the space. The original case
against William B. Hall was tried on
June 21 last, at which time he was dis
missed by Judge Ball on the grounds,
This man has not violated the
law, and the mistake on the part Of
the clerk Of the market did not war
rant his arrest"
Much indignation was displayed at
this time. due to the fact that Hall was
ARRESTED and locked up like an ordi-
nary criminal, and it now develops
that his arrest was another mistake OF
the clerk Of the market, inasmuch as
Hall was taken into custody without a
warrant
A SECOND TRIAL.
Failing to secure a conviction on the
first trial, a warrant was sworn out
against William b. Hall and his father,
John W. Hall, again charging them
with illegally occupying stand No. 7O6
on King street, and the case came up
for trial to-day, the defendants being
represented by Horace Greeley
Knowles.
Clerk Of the Market Connell testified
that on April last he rented the
stand to Eli Talley and receiving from
him the stipulated sum for such rental
for a year, $3.50, gave him the neces-
sary permit to occupy the space.
By some mistake he neglected to
mark the space rented" on his stub,
and when John w. Hall applied for a
market place on April % he was given
the same space, No. 7O6, that had been
let to Mr.. Talley previously. and also
furnished him with a permit to occupy
it. Finding his mistake Mr.. Connell
testified that he went to Mr.. Hall and
stated the case to him, and offered to
give him his money back or to give
another space few feet away, which
had been set apart by the Street and
Sewer Department as an opening be-
tween the wagons for pedestrians. Both
Of these offers were declined by Mr..
Hail. who continued to occupy the
stand He had spent six weeks in try
ing to come to some understanding
with Mr.. Hall, but had failed.
In reply to a question from Mr..
Knowles, Mr.. Connell stated that the
permit issued to Mr.. Hall was the regu-
lation one of the Street and Sewer De-
partment provided for such purpose.
Eli Talley testified to having receiv-
ed a permit from Mr.. Connell on April
Ia, but stated that he had occupied the
space but four or FIVE times since April
%, as the Halls always got there ahead
of him.
This concluded the testimony ant
Mr.. Knowles at once moved for the
dismissal of his clients for two rea-
sons. First, that the identical case
had been dismissed before by Judge
Ball, and second, that the Halls haC
a legal permit to occupy the space, anC
that any action in the matter should
be taken in another way.
Mr. Knowles attempted to quote
from the Evening Journal the words o.
Judge Ball in dismissing the previous
case, but Mr. Cahoon objected and wal
Sustained by the court.
} In reply Mr.. Cahoon stated that II
the case Of McMullen, which occurred
IA year ago, and which was a simila
one to the present, that the court de
cided that the first holder Of the per
NIT had prior right to the place, ant
= that the city, nor anyone else. had n
4 right to dispose Of to one person tha
which they had previously disposed o
D to another. A person could not Civ
, away or sell that which they did no
4 have, and as to the matter of the dis
= charge in the previous trial Of Hall, tn
= assistant city solicitor stated that h
: knew why such action was taken.
e 1T was because the man was arrest
y ed without a warrant" said he "an
= through a mistake on the part Of tn
: clerk Of the market in causing his al
p rest"
+ Replying to Mr.. Cahoon, Nj
Knowles contended that if person c
persons sold a property to one part
lto-dax, and sold tho Same nronprtv I