Evening journal., 1913-10-09
THREE MARKET
LAW VIOLATORS
DRAW FINES


not speak for itself Mr. Lynn init
mated that he desired to show that
the permit had not been legally Sc
cured.
Witness emphaticaily denied that
the permit was given to him in sa-
Loom
The court decided that the law did
not specify any particular place at
which to deliver permits.
Judge Churchman asked Mr.. Zim-
mermann II he had not been asked by
the former clerk or the present clerk
OF the market to vacate the space
he now occupied Mr.. Zimmerman
sad he had not received such a no.
For the purpose Of contradiction,
Mr.. Lynn asked Mr., zimmerman if he
had not. on October 4. been notified
By Clerk Of the Market Paris TO va
cate the stand
Mr. zimmerman testified that he
never had received such notice
Mr. Paris was recalled and tosti-
fled that on October e. he asked Mr.
Mr.. Zimmerman 10 vacate.
Former Market Clerk Victor Gael
testified that as clerk Of the market.
on April g. 1913. he issued to Jacob
Zimmerman a permit.
Did you know tho duties OF your
officeY asked Mr.. Lynn.
Objection was raised by Mr.. Har-
man. who said that the matter was a
question OF law
The question was allowed and Wit
ness said he knew The duties Of his
office, aud that he had known MT
Zimmerman for a great many years.
and knew at the time he issued the
permit that Mr.. zimmerman was a
caterer.
When the record OF the permit was
brought up for discussion. Mr. Har-
man objected 10 this because ,fr. Lynn
had closed his case and had failed tol
Offer the book In evidence Mr.. Lynn
declared that II was admissible in
showing that the permit was fraudu-
leuily issued tfe also said he would
show that No. II, the number Of the
permit. would not correspond with
stub No. n in tho clerks book.
The stub was road and IT. showed
thar II was a record Of a permit to F. /
a. Wier. for spaces t3 and rs q, in /
King Street Market
Upon cross examination Mr. Gael said /
he issued a permit TO Mr. Zimmerman ]
IT, turned over tho money 10 the city /
and never had retu cd the money 10
Mr.. Zimmerman.
Mr.. Gael explained that il was cleri-
raj error made by an assistant who
placed the record upon the wrong stub
The stub bearing the record was found
Identified and real
Mr.. Lynn closed his case and began /
at once TO argue the law governing the /
spaces in the farmers and truckers /
market. He declared that there was
statute setting forth that the street J
markets were for the exclusive use of !
farmers aud truckers. He also cited
ordinances providing similar conditions.
Mr.. Zimmerman. he said. had vio-
lated the law by exposing goods for sale
in this market. he being neither q far
mer nor trucker. he having been warn
ed 20 vacate the space
Mr. Harman. IN defense. said there IA
NJ power given the clerk of the market
10 revoke permits. Il could only be
done upon special authority given the
clerk by City Council This. he said.
could not have bccu done while il still
held Mr.. Zimmermann's money.
Mr.. Harman's contention was that
when the City Council found out that
Mr.. zimmerman was using this stand
and was not a farmer or trucker, il
should have gone to Mr.. zimmerman.
given his money back and revoked the
permit This has not been done, he
said.
Mr.. Harman said the city knew MIR.
was not a farmer, but
took his money. The money should
have been returned and the license re-
yoked would be proper
Judge Churchman announced that
he would give his decision in the case
In week.
Michael Palese was arraigned for
selling horse radish at northwest cor
ner OF Fourth and King streets, he
not being a farmer nor a trucker. AS
his counsel could not be present this
he was granted a contin-
uance until next Thursday.
James Rocco was given a hearing
on The charge of selling peanuts in
the King street truckers market.
Clerk of the Market Paris testified
that Ricco had a peanut roaster in
the gutter in front of his place at
Sixth and King streets. It was shown
that some Of the peanuts we're in bags
and exposed for sale. II was shown
that he was notified 10 move the ma
chine st 7.15 O'Clock yesterday morn
ing. and as II had not been removed
at S.45, he was arrested
The defense was the roaster was
only there while he was making room
FOR Il close 10 the building line. The
Court fned him So and costs.
Nathan Bernstein pleaded not guilty |
10 exposing vegetables for sale al No
Sll King street. n was explained
that the defendant was employed by
Catharine Celia. another defendant.
lie at Arst asked for continuance.
because W. r. Smalley her lawyer.
could not be home for two weeks. lie
decided 10 let the case proceed The
charge was ohstructing the sidewalk
Mr.. Paris testified that the defendant
nad about dozen baskets of potatoes
and other goods upon the pavement
along the curb.
Ohioer Lewis testified that he saw
a barrel Of spinach. basket of cab
page some potatoes and peppers set
ting upon the sidewalk.
Bernstein was fined 81 and costs.
Mrs. Catherine Celia was arraiened
for Illegally operating stand AT
Fourth and King streets, and pleaded
not guilty Clerk Paris testified
that certain produce was on the curb
Mrs. Celia told the Court that she
had given her help orders to keen the
goods off the sidewalk
she was fined So and costs.
DAN CRAWFORD TO rFcTupr