Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1911-02-24
LESCHz|NER GETS
LIMIT FINE, WILL
APPEAL HIS tASE
Continued from EIrst raE1

that lasted forty-seVen minutes did
he utter one loud word. All he did
was to whisper to his counsel.
Had Real Hearing.
Patrolnen Hennessey and Skillman
and Carl Bannwaft We're the witnesses
Tor the city and stated their case
clearly and logically. The two officers
told about Leschzips ar counting arrest
and how, after put ng three dents into
the tree with a dull axe, he asked to be
locked up. They old how they re-
manned on the spot patiently until the
decd was did" and not until the tree
WAS fifteen feet below tho level OF the
street did they arrest their man. Not
until they had him right" did they ask
him or order him to march to the
First Precinct. Counsel Frazer tried to
disconcert the two officers, but, nothing
doing, they held their ground.
carl Bannwart. too, WAS not only
calm, but acted more like a barrister
than the shade tree expert that he is.
Mr.. Bannwart told Of the laws under
Nhish the Shade Tree Commission
qaerated in a manner that demonstrat-
e bis knowledge.
MIR. Frazer, who is a youngish look
ing man, with a swaying personality
no. swaying bod. and a deep, clear
voice, produced a letter written by Mr..
Bannwart on February IA, 1911, in
which Frazer said that Bannwart gave
permission to plant the trees. Wrong
again; the letter did not say so.
Some Questioning.
At one time Bannwart thought that
the serious young lawyer was through
with him. This time he was mistaken,
but he remained cheerful even after
the mistake.
But since this is a Leschziner story
we ought to talk about MIN. We viii.
Mr.. Leschziner during the argument
by his counsel leaned against the rail-
ing In from of the bench, thought of
salient points to put into his ~counsel's
mouth n did so.
When tie city's case was completed
Mr.. Frazer asked that 1t be dismissed
on the ground that the city had no
case. John p. Manning, representing
the city, was not of the same opinion.
lie thought 1t was a clear case of VIC
lation. And most surprising thing of
all, Judge Hahn thought so, too.
This is what the judge said: ut
seems to me that after listening to the
evidence carefully I see a clear ease Of
violation. Under the ordinance, before
any person can remove a tree, he must
have a written permit from the Shade
Tree Commission,
1.-THE evidence shows not only VIOLA
ton, but gross violation. The 'pris-
oner' wilfully and maliciously disre-
garded an order from the secretary
and ~disobeyed a law
I'm melting out punishment, l do so
with the thought in mind that I do not
want to establish a dangerous prece-
dent. I fine Leschziner $50. the limit
of the law, and he must stand commit
ted until the fine is paid"
Gee. but this made Frazer mad
Frazer, understand, not Leschziner.
Frazer asked, as he did at the begin
ming Of the case. that he be permitted
to file q brief questioning the legality
of the ordinance violated, and the
legality of the shade tree commission
Judge Hahn told him he could do so
after paying the fine. Here is where
Laeschziner enters. Here is where he
speaks for the first time.
Can ! pay by check?P
No." said the court, you stand CONE
mitted until you pay $50 in cash"
That did not seem to please the mod
ern George Washington, but he was
forced to send Eugene McMurray
around the corner TO cash h check
he made out.
This ended the proceedings for the
day. But wait, 1t is going to a higher
court now. The next mayor" pays
$780, 900 a year In taxes and he wants
his rights" Will he get them? We
cannot tell lust now.