Evening journal., 1913-10-07
CITY LOSES
MARKET SUITS
Il SECOND TIME
Prosecution Fails to Show
: That Defendants Actually
Violated Law
Mr.. LYNN WILL SUE
ON THIRD WARRANTS

City Councilman Jacob Zimmerman
and William Warren were dismissed
for second time in City Court by
Judge Churchman this morning after
a hearing on charges that they had
violated the city market ordinance
on October by occupying stands In
King street market. they being neith-
er truckers or farmers. It being al
legged. They were disn-,ss on the
ground that the evidence did not con-
meet them with an actual violation of
the law. although IL had been shown
they had obtained permits for stands
In the markets. Michael Palese also
was arraigned on a similar charge.
and his case was continued one week,
after argument had been made for
his dismissal on the ground that the
evidence offered did not connect him
with the charge all ged In the IN
formation. Robert G. Harman repre-
sented Zimmerman. Frank l.. Speak
man represented Warren and former
Congressman William n. Heald rep
resented Palese.
Palese's case was the first called
Clerk Of the Market William Parril
testified that Palese had huckstera
stands along the sidewalk at Fourtl
and King streets on October 4. HI
did not collect twenty-five cent fel
from Palese on October 1. but OF
previous market days he collected
fees amounting TO S4.25. he said HI
had not returned those fees 4
Palese.
Harry S. Pogue. who has a stor
at Fourth and King streets. testified
that Palese's stand was on Fourtl
street and not on King street
Patrolman William Ward testlfiei
that the stands were on Fourtl
street, on the cobhlestones. and no
along the sidewalk
Mr.. Heald. after Assistant CT
Solicitor Lynn had finished his cas-,
moved for palescs dismissal on III
ground that the information allege
that Palese's stands were in the MAJ
ket along the sidewalk. while the ev
E dence was that they were on Fouri
street He also argued that the IA
that the Clerk of the market issued
permit. collected fees and had not 7
turned them 10 Palese. acted as
estoppal of proceedings agaii
Palese. unless the fees should be
turned 20 him Mr. Lynn replied q
~ the points raised by Mr. Heald
y not affect the case, as the city COZ
4 not be held responsible for the acti
of Paris in collecting or not retui
hing fees under color OF his Off
Judge Churchman then announced
n would hold the case under adviseme
,r for a week
Councilman Zimmerman and Warn
then we're arraigncd on a charge OF vi
s lating the market ordinance on Octob
5, J. bv occupying stands, although the
!. were not truckers ar farmers NJ
10 Speakman for Warren pleaded form
acquittal." basing it on the preyio
case in which Warren was dismiss
e last week, on the original informatio
e after a new information was filed A
/. ter a brief argument. Judge Churchm'
le declared TO entertain the plea on q
i. ground that the original proeecdin
II were anuuled, the general understan
,e ing being that the case would be tri
,e on the second information.
n Judge Churchman declined TO ent'
As tain Mr.. Speakmans motion 10 eni
En- the plea of formal acquittal on the II
no ords and Warren then pleaded 7
n. guilty
e. 1t was agreed that zimmerman's ca
CONTINUED on Page Two).