Montour American. (Danville, Pa.) 1866-1920, 1908-07-16
SUNDAY SELLING
Cases appealed

UtEUUU Ill / uLEuIlk
The case against Joseph Smith anC
Theodore Hoffman, butchers, brought
under the act of 1894, to enforce Sun
day closing, which was continued from
last Wednesday, was heard before Just
ice of the Peace Oglesby Friday aft
ernoon. Each case was appealed.
Hon. r. S. zimmerman appeared as
counsel for the defendants A number
of witnesses, subpoenaed by the pros.
ecutor, were on hand.
The information, signed by Joseph
Divel, was read. 1t set forth in sub.
stance that on the 2Sth of June, 1908,
it being the Lords day, Joseph Smith
at his shop No. 407 Mill street, did
offer for sale and did sell meat, said
work, employment. and business not
being work of necessity or charity.
contrary to the act of assembly in such
cases made and provided. Therefore
the said Joseph Smith forfeits four
! dollars.
To this information Mr.. Smith
pleaded not guilty.
Frank Weniger, Mrs. Margaret Curry
and Thomas E. Murray, witnesses,
testified that they bought meat at the
shop of the defendant on Sunday. June
2Sth. In each case the witness declar-
ed that the meat was sold TO them as
an accommodation Mr.. Smith
had not solicited their trade on Sun
| day.
The justice decided that the defend
ant was guilty and had forfeited four
dollars. Mr.. zimmerman notified the
justice that he would appeal the case
to court.
THEO. HOFFMAN ARRAIGNED.
Justice Oglesby read another infor-
nation, similar to the preceding, sign
ed by Joseph Divel, charging Theodore
Hoffman with selling meat at his shop,
No. 10S East Market street, on Sunday.
June 2Sth in violation of the act of
1894. Mr.. Hoffman likewise pleaded
not guilty,
Daniel B. Fetterman and Mrs
Thomas testified that they bought meat
at the shop of Theodore Hoffman on
Sunday, June 2Sth. They both explain
ed that they made their purchase with
out any solicitation on the part of Mr..
Hoffman-that the act of selling was
purely an accommodation to them,
Justice Oglesby decided that the de.
fendant was guilty and that he had
forfeited four dollars. In this case, as
in the one against Mr.. Smith, Mr..
zimmerman informed the Justice that
he would appeal.
ADDITIONAL GASES,
At this point the justice created
surprise by producing another infor-
nation charging Joseph Smith with
selling meat on Sunday, July 5th, in
violation of the act of 1894 The in.
formation was signed by Joseph Divel.
Mr.. Smith entered the plea of not
guilty as in the foregoing case.
Among the witnesses brought to tes-
tify against Mr.. Smith was County
Commissioner George r. Sechler. Mr.
Sechler acknowledged that he bought
meat at MIR. Smiths shop on Sunday,
July 5th. He declared that he had no
way Of keeping the meat over night
and that the weather was very warm.
William Fausnaught was the next
witness. He explained that he oc-
cupies rooms on the second story and
was without ice, except little pur-
chase to cool water for drinking pur-
poses. He regarded it as an accom-
modation that he was enabled to pur-
chased meat on Sunday; otherwise he
could not have had fresh meat for his
Sunday dinner
The decision of the Justice was the
same. He adjudged the defendant
guilty and fined him four dollars addi-
tional for selling meat on Sunday,
July 5th
2ND CASE AGAINST HOFFMAN.
Information similar to the preced-
ing, signed by Joseph Divel, was next
read charging Theodore Hoffman with
selling meat on Sunday, July 5th. Mr..
Hoffman pleaded not guilty.
Jacob Mills was called to testify.
He bought meat at the shop of Mr..
Hoffman on Sunday, July 9TH, but de-
clared that it was an act Of necessity,
as he was without ice and had no way
of preserving the meat.
Mr. Hoffman, the defendant, was
called by Mr.. zimmerman. He sold
meat on Sunday, he said, because he
regarded it an act of necessity. In his
part OF town, he declared. there are
forty families, who do not own re-
| frigerators. Some of these are too poor
to indulge in the luxury of ice, while
others live at outlying points, not in
cluded on the icemen's routes Mr..
Smith, who had previously been call
ed to testify, explained that among his
customers are many too poor to pur.
chase ice, even if they did not live at