Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-02-27

cOmmodations In the east wing; for new bed
and replanking of the coal wharf, $4,000 For
continuation Of the wall enclosing the grounds
OF the hospital, $4,000. For removing and re.
new cottages for the occupation OF the en-
ployees Of the hospitals having families, So COO
Patent OGce-For expenses Of receiving, Ar
ranging and taking care OF copyright books,
charts al d other copyright matter, $500. For
preparing illustrations and descriptions for re-
ports, $4,000. For finishing the saloon in the
nof,n wing OF the Patent Once building, and
for furnishing the same with suitable accom-
modations for the reception and con yenient ex-
hibition OF models, Sl5.OCO = - 80
Bota.ac Garden For grading, draining, pro
curing manure, tools. fuel, and repair pur-
chasing trees and shrubs, under the direction
Of the Library Committee of Congress. "a 500
For pay Of superintendent of botanic garden,
andass ST. ANTS in the botanic garden and green :
OF the Library Committee OF Congress, 81, rs so
Co!ambia1 Institution for the Deaf and Dtrsb
AID the Blind-For salaries and incidentaf e1-
penses, including $500 for the purchase of
books ard illustrative apparatus, Sl2,5O0 For
the erection, furnishing and fitting up of the
two extensions to the buildings, TO provide en- =
larged accommodations fer the male depart
ment, and TO furnish rooms for the instruction
OF the pupils IN useful labor, $50, 1881. For
the proper enclosure, grading and improve
melt OF the grounds of the institution, So, 500
The METROPOLITAN RAILROAD CoMPANY
vs. THE OMNIBUS DRIVER, JOHN ByRNR
The hearing of the case of John Byrne,,
charged with having twice ohStructed the Me-
uopohtan railway, in front OF the Baltimore
and washington depot, on Wednesday last,
was had before Justice Thompson Saturday
afternoon
Mr.. Wilson appeared In behalf of the prose
cunon and Mr. Davidge On the part OF the de-
feDse.
Mr.. A. c. Richaras, Superintendent OF the
Metropolitan Police, was first sworn, and tes-
tISed that Mr.. Emmert. the superintendent OF
the Metropolitan railway, had called a. his
house, day or two previous 10 the 22d inst,
and desired him TO go 10 the depot, when con-
venient, AID witness the manner iii which the
railway was obstructed by the hackmen and
omnibus drivers. On the 32d at about y 10 =,
Mr.. Emmert again called and desired witness
10 60 with him and see for himself how the
hackmen were misbehaving. Witness got into
the buggy with Mr.. Emmert and went 20 the
depot. Witness and RIr. Emmert were con-
yersing about the privileges of the hackmen,
when an omnibus driver, John by rne, drove
up and stopped his vehicle on the track. He
had been there minute or two, when witness
told him TO drive away there. Byrne replied
that he would when he got ready. Witness
told him again 10 move away, when Byrne
asked him who he was. Witness then told hlm
be was the Superintendent OF Police. Byrne
replied, with an oath that he did not care who
he was; that he would go when he got ready
Witness then took hold OF the front horses,
and told Byrne that he wonid arrest him
Byrne then piled the wheel horses with the
whip, drove around over the pavement and
again stopped on the track. Witness then
whom Byrne said, with an oath, that, il he
came up there, he would knock him down
and did strike him with the butt end OF q load
ed whip. About this time Mr.. Emmert and
officer Howard came 10 the assistance OF wit
ness, and Byrne was arrested and taken 70 the
station house. While the omnibus was first
on the track car came along and coilidsd
with II. Witness thinks the hind end Of the
omnibus was about a foot over the track. There
was sufficient space for him 10 drive aud dts
charge passengers between the railway track
and the curb. An arrangement had been m ade
some time previously, (Which was agreed 20 by
both the hackmen and the ra lway company
that the hackmenshould occupy the south end
OF the platform and the cars the north end: and
the platform had been marked of, designating
the limits each were TO occupy. Witness said
complaints had been several times made 20 him
that the hackmen and omnibus drivers were
infringing on the rights of the Metropolitan
Railway company, and he had nstruc cted Of
ficer Howard TO see that the respective parties
keep within their prescribed limits.
hr. ". Emmert was sworn, and testified,
among other things, that when Mr.. Richards
was about TO mount Byrne's omnibus, for the
purpose of making the arrest, Byrne said,
don't you come up here (using an oath), III
kill vou." The driver had stopped still on the
track, and had dropped his reins. When the
street car came along, the hind wheels OF the
omnibus struck the dash board of the car
Witness thought the omnibus was about a foot
on the track at the time. There was about
eleven feet and nine inches space between the
curbstone and the inner rail OF the track, and
there was plenty OF room there for four
horse omnibus TO drive through and diseh eharge
or receive passengers. About one-half OF the
platform was allotted to the hackmen and om-
Dibus drivers.
Samuel b. Clements. car conductor, was
sworn, and testified that the car he was on
was going from the Capitol toward the depot
and when near the depot he heard the driver
OF the car call out 10 some one to get out OF the
way. Witness then looked ahead Of the car to
see what was wrong, and heard MIR. Richards
tell Byrne 10 drive away, when Byrne, with
an oath, said he would do so when he got
ready. Mr.. Richards then told the driver that
he was The Superintendent Of Police, and az
trrward proceeded 10 arrest him, when Byrpe
said, with an oath, " Ion get up here. III kill
you and when Mr.. Richards attempted TO
mount the omnibus, Byrne struck at him and
missed him; struck again and hit Mr. Richards
on the head. The hind end OF the car was
about foot over tie track. No one was in
the omnibus after the collision There was
plenty Of room between the curb and the inner
rail for omniDusses and hacks to stop and let
out and take in passengers, without danger ts
either cars or hacks.
CFcer No,gara testified that he had seen
Eyrne on the track On several occasions, and
that he, on one occasion, spoke to him about
II.
H. L. Gordon was sworn for defence. and
testified that he was part owner, with Mr A.
Il. Kease, OF the omnibus and horses which
John Byrne had charge or, and that he was at
the depot when Byrne drove up; that he col
lecied the fare OF two passengers brought from
Wiiiards' Hotel: that when MIR. Richards or
dered Ryrne 10 drive off, one Of the passen-
gers had not yet succeeded in getting ont orthe
omnlbusi die net think the omnibus was on the
track, but would not be- positive; the omnibus
was on The end OF the platform next to the
Capitol; bad always been in the habit OF start
ing the driver away as soon as the passengers
would alight, and did SO at the time In Ques-
ton; did not recoIlect telling his drivers to do
as they pleased about their positions in front of
the depot; would not swear positively.
John By ne. driver OF the omnibus, was sworn.
and testified that he had no intention OF OBJ
structing the track; did not drive away when
told, because his retns were disarranged, and
man was vet in the omnibus, besides a boy,
W no WAS on the frsnt W heel irving to get down
Witness denied that Mr. Richards said he was
Superintendent Of the Police; but that, when
he asked who he was, he said, sI'Il soon let
you know who l am " Did not intend to drive
on the pavement, but MIR. Richards held the
front horses, and in that manner he was drawn
over or the pavement when he attempted to
drive away; and that when he got On the track
again, could get no further without running
into an express wagon, and was therefore cem-