Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1901-08-23
KING STREET
OBSTRUCTED
Charles PratOSi Again Fined
- and Costs
Mr.. TOWNSEND GIVES DECISION
Mother Takes The Pledge and Is
Given Her Nursing Baby
TO Care For

What constitutes an obstruction In
King street" was the subject OF a |
decision given by Deputy Judge Town
send in the Municipal Court this morn
ing in the case of Charles Pratesi 50
charged BY the Street and Sewer De-
partment.
This is an action in which the Mayor |
and Council Of the city of Wilmington |
charge one Charles pratosi, with vlo- |
lating an ordinance of the said city by
obstructing one of the public streets
thereof by placing boxes. barrels and
other things thereon. AS there was no
objection % the Information as amend
ed. and ~ testimony offered by the de-
Tense, the whole case hangs upon the
testimony produced for the prosecu-
tion. From the testimony as presented
there is no doubt that Pratesi had
placed or allowed to be placed, the
things complained OF. the only matter
in the mind of the court being whether
such objects were distractions in the
said street or merely impediments
From a careful review of the cases
bearing on this matter, II seems that
no positive rule can be laid down as 70
what constitutes an obstruction that
will come within the ordinance, IL be-
| ing a question 10 be determined by the
facts Of eachparticular case, but in gem
eral IL would seem 10 be any unauthor-
lied use Of the street which renders
it loss safe and convenient for the gen
eral ublic Temporary distractions
for the purpose of a legitimate bust
ness. such as a dealer putting goods on
the street for the purpose of removing
the same into his store. or coal left
on the sidewalk or street for the pur-
pose of being removed TO a cellar. or
things of a similar nature are per
United. but those Of permanent nature
or for purposes Of sale are excluded. II
has not. however bocn shown by any
Testimony produced by the defense.
that the goods were placed In the
street for the purpose of such removal,
and for this court TO hold that this
would not constitute an obstruction
such as contemplated by the ordinance
would mean that anyone could use as
much OF the street as desired for the
purpose of business, provided a suffi-
lcient passageway was left open. From
the facts OF this case am satisfied
that the defendant. Charles Pratesi, Is
lguilty as charged in the information,
and ! therefore impose a fine of 81, be-
sides the costs In the case.
After hearing the decision, John
Lynn, counsel for Mr.. Pratesi, was in
formed that he had four days in which
TO take an appeal
George Neidermaier. charged with
sending in an extra alarm from box
No. II during the burning of the tug
boat Rambler. last night, was arraign-
ed and the charge was held up against
him. Chief Welsh said that Neider-
mier did a creditable act in pulling the
box.
Smith Claims Allbi
Although Charles H. Smith says that
he can prove an alibi in the charge of
lassauhing Delaware S. Sharp,ey and
breaking his jaw. he asked that the
case be continued to next Tuesday
morning. The court granted his re
quest.
When Kate Joyce was arraigned this
morning on the charge Of neglecting
her baby. Agent Frank Stout, of the
IhRNAhAa ANA AAA1 4 AtNNMAAlIA vi AIMtill
to Children. told the court that the
baby being a nursing one. the society
did no want TO take it from her, and as
the woman had promised to take the
pledge and give better care 70 the
child. he asked that the court hold the
case up against her.
Judge Townsend asked her II she
would take the pledge.a and she said that
she would. She took il for year, and
was allowed to depart
William Green was fined SO and
costs for being drunk and acting in a
disordorly manner.
Robert Watson was fined S. on the
charge OF trespassing upon the prop
erty of the B. & o. Railroad Company.
He was found sleeping in a box car
over Third street bridge. The judge
said he would remit the fine if Watson
got work.