Evening journal., 1913-10-03
CITY LOSES
FIRST MARKET
STAND CASES
PaIeSe Didn't Have Farmers
Space; Others Free on a
TeChniCaIity
FAILED TO ARRAIGN
ON NEW INFORMATION

Jacob Zimmerman, Councilman from
the First ward, who was arrested on
Wednesday for alleged violation of the
ordinance pertaining to the street mar
kets, and William Warren, a fish dealer
charged with like offense, were given
hearing before Judge Churchman this
morning. The two were dismissed. how
ever, after an hour and a half had been
devoted to hearing the cases, when it
was discovered that the two defendants
had not been arraigned on the charge
as set forth in the second information
which was filed today In place of the
one to which they had pleaded not gull
ty yesterday.
1t was announced after court that the
two men as well as Michael Palese, ac.
cused of a like charge, would be rear
rested. This morning Palese was dis
missed, it not being proved that he oc-
cupied a space set aside for a farmers
stand in King street market. Palest
was represented by former Congressman
William H. Heald, while Robert G. Har
man represented Councilman Zimmer
man, and Frank L. Speakman was coun
sci for Warren.
When the cases were called Assistant
City Solicitor Lynn stated he would like
to file a second information in the cases
This was granted by the court and the
first informations on which the arrests
had been made were dropped. The three
men were not arraigned however, al
though no reference was made to thi:
fact at that time.
William Paris, clerk of the market
was called and said that Zimmerman or
Wednesday last occupied space No 50l
in King street market as place to sci
sauerkraut and tripe. Mr.. Zimmerman
showed a permit issued TO him by for
mer Clerk of Market Gael, as we'll as (
State license. Mr.. Lynn objected to this
saying the permit was issued illegally
and as for the State license, it could no
take away the rights of the city in let
ting out the stands in the street mar
kets.
Officer McGillion was called and sale
that Zimmerman was not a trucker, a.
did Officer Serson. Attorney Harmar
asked Officer Serson if he could sa,
under oath that Mr.. Zimmerman was no
a raiser of tripe. Judge Churchman saiC
this was a foolish question, and thinner
mans attorney then asked the witness
if he could say that Mr.. Zimmerman die
/. not have a farm worked on shares wher
the souerkraut was raised The cour
objected to this, saying that sauerkrou
was not raised" or grown, but mad
from cabbage.
Warren's case was then taken VI
and it was admitted that he was nc
at his stand on Wednesday. Cler
Paris said that Warren had a stan
I next to Zimmerman in the market.
Palese was then given a hearin
, and It was admitted by his attorne
that he had no permit by his attorns
the market, but paid % cents eac
3 market day for the privilege. Pales
= II was shown did not stand in th
market, but had a stand on the col
+ ner Of Fourth and King street
r against a telephone pole
n Ii was after the three men had bee
: given a hearing that Palese was di
I missed, his attorney contending that u
information did not show that he occl
e pied a space set aside for farmers. A
o torney Speakman then asked that h
e client be dismissed as he had not pleas
ed to the second information Tn
J. was found to be correct, and Zimme
= man and Warren were dismissed.
s While the case was being aired, man
a fruit dealers who have stands in Kin
! and Madison street markets and Com
Gilman Weller f. Stover were in cour