Evening journal., 1908-07-15
MARKET CASE
IN CITY COURT
Matter Of AlIOting Space in
King Street the Bone
Of Contention

One OF the most interesting cases
that has been heard before Judge Coch-
ran in the City Court for some while
was that OF this morning when Mes.
Ellen Barber. wife Of John Barber, a
farmer OF Newark. was arraigned on
a charge Of having violated the City
Market ordinance. Attorney J. Frarit
Ball represented Mrs. Barber. Judge
Cochran held the case up Tor two weeks,
ordering that in the meantime license
be taken out by Mr.. Barber.
MIR. Cock was the prosecuting witness
in the case and when he took the staud
he testified that Mr.. Barber had not
applied to him in season ior a permit
to have his wagon Ia King street Mrs
Barber, Il seems, had been acting for
her husband in being at the place whore
the wagon was usually backed up with
its produce, and it was alleged by Mr.
Cook that Mrs Barber had occupied
a space there without having a permit
for the same. Mr.. Cook said that when
Mr.. Barber applied 10 him for a license
all OF the space In King street had been
taken. but that he had offered to allow
the wagon to stand IN that thorough
fare If a permit was taken out for
Madison street
Under cross examination by Mr.. Ball
its was testified by Mr.. Cook that he
space that Mr.. Barber had occupied
for several years past had been let tc
man from the Second ward. Mr.
Cook denied that he had shown any
personal feeling in the matter of rent
ing the spaces and testified that they
had been leased to whoever made the
first application.
Mr. Barber was then called 10 the
stand and he testified that be had gone
20 the Office Of Clerk Cook sometime dur
ing the second week In April He tes-
titled that Cook had said then that he
would not rent Mr. Barber a stand for
$1,000. Mr. Barber told the court that
he had occupied a space In King street
ever since the market was opened and
that he had always expected TO secure
the same space.
Mrs. Barber Testifies.
Mrs. Barber was then called and she
said that she had represented her hus-
band in the market business and usu-
/ ally attended him on the ride 10 the
city and acted under his orders in tia
care Of the market wagon when it had
reached here.
Since no permit had been secured by
Mr.. Barber It was brought out IN court
that his wagon had been occupying
space between other market wagons
where there was room, and where the
owners OF the wagons, Il was testified.
had no objections
Attorney JsaI summed up the case 10
the court and said that custom made
the law and farmers who had been
occupying space I'm King street for
wears would naturally expect 20 have
the same space each year allotted 10
them as they made application for
/ licenses. The lawyer said that pre-.
ference had always been shown in tho
fpast to the farmers who had stood IN
King street for years According 20
/ the ordinance. however. q was shown
that such procedure did not necessar-
lily have 70 be followed. though n this
was not done Attorney Ball said he
thought endless confusion would BE- tho
result among the farmers of ,he State
in getting their places each year.
Mr.. Ball alleged that n had been n
matter Of personal spite on the part Of
the Clerk Of the Market that Mr Bar
Der ha dnOt got his regular space. Mr.
Cook strong y der.ed this and said that
what he wanted was 70 have a license
taken out by Mr. Barber in order VI
comply with the city ordinance. Mr.
Cook was willing that the case be held
up and Judge Cochran ordered TINT that
be done and that a license be secured
lif Mr.. BARRIERS wagon wps 10 stand
in the street.