Evening journal., 1913-10-09
THREE MARKET
LAW VIOLATORS
DRAW FINES
lcontinued trom First Paeel.

Continued From First Page).
NIT was issued to the defendant, Mr..
Harman objected.
The court asked II tAe permit did
not speak for itself Mr.. Lynn intl-
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 a sa-
loon
The court decided that the law did
not specify any particular place at
which to deliver permits.
Judge Churchman asked Mr.. zim-
mermann If he had not been asked by
the former clerk or the present clerk
Of the market TO vacate the space
I he now occupied. Mr.. Zimmerman
said 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 a notice
Mr. Paris was recalled and testi-
| fled that on October 4. he asked Mr.
Mr. Zimmerman TO vacate.
Former Market Clerk Victor Gael
testified that as clerk of the market,
on April 4, 1913, he issued to Jacob
Zimmerman n permit
Did you know the duties of your
officer 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, and that he had known Mr.
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 to this because -1r. Lynn
I bad closed his case, and had failed TO
offer the book in evidence Mr.. Lynn
declared that II was admissible in
showing that the permit was fraudu-
lently Issued He also said he would
show that No ~, the number OF the
permit. would not correspond with
stub No. n in the clerks book
The stub was read and il showed I
that II was a record of q permit TO f. /
A. Wiers for spaces 13 and rs 3, In /
King Street Market
Upon cross-examination Mr. Gael said /
he issued permit 60 Mr. Zimmerman !
IN good faith, received the money for
n, turned over the money to the city
and never had retu' ed the money to
Mr.. Zimmerman.
Mr. Gael explained that II was cleri-
col 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
OF 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 /
markets were for the exclusive use of /
farmers and truckere. 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 a far
mer nor a trucker, he having been warn
ed TO vacate the space.
Mr. Harman, IN defense. said there il
NJ power given the clerk of the market
TO revoke permits It could only be
done upon special authority given the
clerk by City Council This. he said.
could not have been done while it 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 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 Mr.. |
Zimmerman was not a farmer, but |
took his money. The money should |
have been returned and the license re- |
voked would he proper
Judge Churchman announced that
he would give his decision in the case /
in a week.
Michael Palese was arraigned for
selling horse radish at northwest cor
ner OF Fourth and King streets, he
not being farmer nor a trucker. As
his counsel could not be present this /
morning, 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. II was shown
that some Of the peanuts were in bags
and exposed Tor sale. IL was shown
that he was notified to move the ma
chine at 715 O'Clock yesterday morn
ing, and as It 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 TO the building line. The
Court fined him So and costs.
Nathan Bernstein pleaded not guilty
to exposing vegetables for sale at No.
3ll King street. lt was explained
that the defendant was employed by
Catharine Celia. another defendant.
He at first asked for a continuance.
because w. f. Smalley her lawyer.
could not be home for two weeks. He
decided to let the case proceed. The
charge was obstructing the sidewalk.
Mr. Paris testified that the defendant
had about a dozen baskets of potatoes
and other goods upon the pavement
along the curb.
Ofhcer Lewis testified that he saw
barrel of spinach, a basket of cab
hage, some potatoes and peppers set
ting upon the sidewalk.
Bernstein was fined 81 and costs
Mrs. Catherine Celia was arraigned
Tor Illegally operating a stand at
Fourth and King streets. and pleaded
not guilty Clerk Paris testified
mat certain produce was on the curb.
Mrs. Celia told the Court that She
mad given her help orders to keep the