Evening journal., 1913-10-07
CITY LOSES
MARKET SUITS
SECOND TIME
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Continued From First Pagel
should be tried at the same time, and
Zimmerman pleaded not guilty, also.
Clerk of the Market Paris was cali
cd as the first witross, and Assistant
city Solicitor Lynn sought to prove by
him that Warren occupied stand on
King street between Fifth and Sixth
streets on October l. lie asked Mr..
Paris ii he know that Mr. Warren oc-
cupied the stand on that Jay, and Par
ris replied that his agents did He did
not know the name of the agent. Mr.
Lynn then sought to show by a note
book produced by Clerk Paris that
Warren rented a stand. Paris said he
had received the book from former
Clerk Gael Mr.. speakman and Mr..
Harman objected that it was INSULT
cicnt, as thc law required the clerk Of
the market to keep record of market
stands, fees, etc, in a book provided by
City Council. The case was delayed a
few minutes while Clerk Paris went to-
his office and got his record book En-
tries were read from the book showing
that Warren and Zimmerman rented
stands Nos. 5O3 and sol on King street
between Fifth and Sixth streets On
Warren's stand smoked fish were eN-
posed for sale, and on Zimmerman
stand tripe was offered.
In cross-examination by Mr. Speak
man. Clerk Paris said he could not
say positively that the FISH were
smoked. but he supposed they were.
He could not say they had been salt
ed down or had been near a fire or
had been dried out in the sun. Paris
said they were smoked or cured.
How do you know what YOU saw
there was tripe?" asked Mr.. fIarman.
"lt was being sold as trlpe,' re-
piled Paris
What is tripe?'
~ know It when see it' replied
Paris
Patrolman Daniel Eakin. next call
ed as witness. testified that TO the
best OF his knowledge Jacob. thinner
man Is not a farmer or trucker. Mr..
Warren. he said. was in the FISH and
oyster business, and wcs not far
mer or trucker He didn't see War
rem In the market on October 1.
Clerk Of Council Clarence NJ. Dill
Ion was called and by the minutes OF
Council proved that William Paris
was elected clerk of the market
Patrolman Lewis testified that
Zimmerman is In the business OF
selling tripe. sauerkraut and deviled
crabs. and Is not a farmer or trucker.
He also testified that Warren Is In
the oyster business, and is not
farmer or trucker. Zimmerman and
Warren had stands I'm King street
market. but Zimmerman was not
there on October l.
When Solicitor Lynn concluded. Mr.
Speakman moved for dismissal of
the cases on the ground that neither
Zimmerman nor Warren had been con-
nected in any way with the alleged
violation OF the ordinance. and II had
not been proved that they were in
Kig street market on October 1 and
Il had not been proved that their agents
were there; and also that there was
no evidence that smoked fish," as
alleged in the information, were ex-
posed for sale at Warren's stand. Mr.
Hartman supplemented this by saying
there was no proof that Warren. Zlm-
lmerman or their agents were there "
October /. as had been alleged, or
that they had. exposed goods for sale.
"Some squattcr might have taken
their stands for that day." Mr.. Har-
man said.
Mr.. Lynn argued that the permits
showed the defendants occupied the
stands IN question. The clerk of the
market had informed him that
smoked fish were offered for sale on
Warren's stand. he said. and he was
surprised when he changed his iesti-
mony. Mr. Lynn remarked that the
way out seemed TO be that he should
arrest the men actually in charge of
the stands, too.
Judge Churchman dismissed the
cases of Warren and Zimmerman on
the points raised by Mr.. Harman and
Mr. Speakman that there was no proof
actually connecting the two with a
violation of the ordinance.
After Court. Assistant Solicitor
Lynn said he would cause the arrest
Of all persons I'm charge of thinner
mans and Warren's stands, If they
were in the market on the next mar
hot dnv