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
ed as the first witr ess, and Assistant
City Solicitor Lynn sought to prove by
him that Warren occupied a stand on
King street between Fifth and Sixth
streets on October l. lie asked Mir.
Paris if he knew that Mr. Warren oc.
cipied 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 note
book produced by Clerk Paris that
Warren rented stand Paris said he
had received the book from former
Clerk Gael Mr. Speakman and Mr..
Haman objected that il was INSULT
oient, as the law required the clerk of
the market TO keep record of market
stands, fees, ETC., in book provided by
City Council. The case WIS DELAYED a
few minutes while Clerk Paris went TO
his office and got hi, record book En-
tries were read from the book showing
that Warren and Zimmerman rented
stands Nos SOB and 50l on King street
between Fifth and Sixth streets, ON
Waron's stand smoked fish were eN-
posed for sale. and on Zimmerman
stand tripe was offered.
In examination by Mr. Speak
man, Clerk Paris said he could not
say positively that the fish were
smoked. but he supposed they were.
lie 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?1 asked Mr. Harman.
"li was being sold as tripe" re-
piled Paris
"What is tripe?'
- know it when see it, replied
Paris
patrolman Daniel Eakin, next call
ed as a Witness testified that TO the
best of his knowledge Jacob thinner
man rs not a farmer or trucker. Mr..
Warren. he said was In the fish and
oyster business, and ws not far
NOR 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 y Lewis testified that
Is in TIE business of
selling tripe. sauerkraut and deviled
crabs. and Is not a farme- or trucker
he also testified that Warren rs i'm
the oyster business. and is not a
farmer or trucker Zimmerman and
Warren had stands I'm King street
market but Zimmerman was not |
here on October l.
When Solicitor Lynn concluded. Mr. |
;peakman moved for a dismissal Of |
he cases on the ground that neither
nor Warren had been con-
lected in any way with the alleged
of the ordinance. and II had
lot been proved that they were IN
<ig street market on October 1. and
il had not been proved that their agents
we're there and also that there waH
no evidence that "smoked fish, as
alleged in the ip15ss~,~tion. we're ex-
i,3SR foyS ssi9i A. Warren's stand. Mr..
Harman supplemented this by saying
there was no proof that Warren, zim-
norman or their agents were there -
October l. as had been alleged, or
that they had exposed goods for sale
Some squattor 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
Warrens stand. he said. and he was
surprised when he changed his testi-
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 in charge OF thinner
mans and Warren's stands, II they
were in the market on the next mar