Evening journal., 1913-10-07
CITY LOSES
MARKET SUITS
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 we're 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 I by occupying stands in
King street market. they being neith-
or truckers or farmers. Il being al
legged. They were dish 'ssed 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
Palcses case was the first called
/ Clerk of the Market William parri.
testified that palese had hucksters
stands along the sidewalk at Fourtl
and King streets on October 4. Hl
did not collect twenty-five cent fel
from palese on October /. but OF
previous market days he colecte,
fees amounting TO S4.25 he said HI
had not returned those fees q
palcsc
Harry S Pogue. who has a stor
] "a d d frr ufr fauffTf.I
that PalCse's stand was on Fourtl
street and not on King street
PatrOlman William Ward testifie
that the stands were on Fourtl
street. on the cobblestones, and no
along the sidewalk
Mr. Heuld. after Assistant Cit
Solicitor Lynn had finished his case
moved for palesos dismissal on On
ground that the information allege
that palescs stands were I'm the maj
ket along the sidewalk. while the cv
= dencc was that they we're on Fouri
street He also argued that the IA
that the Clerk of the market issued
permit. collected fees and had not r
turned them 10 palesc. acted as
estOppal OF proceedings again
Palcse, unless the fees should be
|NNNANN N' ANAAiIt NiNI ~ III iiIiII|N Ut
y the points raised by Mr. Head d
not affect the case. as The city cou
not be held responsible for the acti'
Of Paris In collecting or not rofur
ing fees under color OF his offic
Judge Churchman then announced ]
would hold the case under adyisemei
r. for a week
i, Councilman Zimmerman and Ware
then were airaigned on charge of vie
lating the market ordinance on Octob,
;, I, hv occupying stands. although the
. were not truckers or fnrmers NJ
4, Speakman for Warren pleaded "form,
acquiital." basing II on the prcYior
case IN which Warren was dismisse
p last week ON the original information
E after new information was filed Al
ter a brief argument. Judge Churchma
n declared 90 entertain the plea on tl
b. ground that the original procecdinc
/ werc annulled. the general understau,
q ing being that the case would be trio
q on the second Information
{ Judge Churchmau declined to cntc
i tain Mr. Speakman's motion TO ent'
r. the plea of formal acquittal ON the re-
o ords and Warren then pleaded nj
guilty
- II was agreed that Zimmerman cal
CContinued on Page Two).