Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1900-01-19
MARKET QUESTION
AGAIN ARISES
Robert L. Armstrong Refused TO
Take Out License for Fourth
Street Stand.
WAS FINED BY JUDGE BALL

IN CITY COURT ToDAY-L. IRVING
HANDY WILL APPEAL THE CASE
FOR SEVERAL REAsoNs-ARM-
STRONG KNOWN AS JAMES WILL
SON.
AS the result Of case in City Court
this morning another argument re-
garding the validity Of the ordinance in
relation to curbstone markets will come
up before the next term Of Superior
Court.
The defendant in the present suit is
Deputy Sheriff RobQrt j.. Armstrong
who Is represented Ey Hon. l.. irving
Handy. TIE prosecution today was
Clerk of the Market Michael Conncll,
who testified that ON Wednesday last
the defendant, whom he knew as
James Wilson, was occupying a stand
in the grain market on the north side
OF Fourth street, between Shipley and
Orange streets, without having paid
the requisite fee Of twenty-five cents.
When a demand was made OF the de-
fendant for the payment Of the sum
required by ordinance he refused, and
warrant was issued for his arrest for
violation of the law. The warrant
was sworn out against James Wilson.
as that was the name Mr.. Conncll
knew Armstrong by
The only question that Mr.. Handy
asked OF the prosecuting witness was
whether or not he did not know that
his cliant was joking when he said
his name was Wilson, as he supposed
everyone knew him. MI. Connell re-
Piled that he did not but supposed
the name was given IN good faith. Mr.
Handy, addressing the court stated
that the reason he asked the question
was to show that his client had no In
tenticn of assuming an alias, as he iup-
posed that Mr.. Connell knew who he
was, and only stated his name was VIII
son In spirit Of fun.
AS Mr.. Handy introduced no defense.
beyond the fact that the ordinance and
the resolution regarding curbatone
markets passed by the Street and
Sewer Department was invalid Judge
Ball imposed the fine set forth In the
ordinance. Sc and costs. Mr. Handy
then gave notice that he would ccrtio-
rari the case 10 the upper court fcr an
appeal
MR.. HANDY'S POINTS.
In speaking Of the case after the nd-
liournment OF court Mr. Handy stated
that his reasons for holding that the
city ordinance regarding a grain mar
ket. and the resolution on the same
subject passed by the Street and Sewer
department were invalid we're three
First. because City Council had nc
right to establish such a market sec
end. because the subject OF markets had
not been transferred 20 the Street and
Sewer Department: and third. because
the Street and Sewer Departments or
dinance had not been signed by tn,
mayor.
JAMES WILSON"
Mr.. Armstrong also stated that be
I had given the name Of james Wilson
4 to Clerk Conncll in a joke, as he
q thought he knew what his name was
AS soon as he learned that Mr. Con
nell had sworn out a warrant for his
arrest under the name of Wilson hs
went TO Clerk OF the Court Adams ant
> gave his proper name. lie refused ts
pay the twenty-five cents because h'
: thought he had good grounds Tor no
doing so.
p OTHER CASES.
-year-old Charles Woods wh'
was charged at yesterdays session
with trespassing on the property o
the Baltimore and Ohio Railroad Com
= pany. was again before the court tht
s morning. AT the request Of his fathc
IS he was sent TO tho Ferris Reform
= School.
John Cook. drunk, was fined 81 an
costs. Eddie Mulvoy, patient, wa
10 dismissed.