The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-09-10
COURT OF SPECIAL SESSIONS.

stopping the Emitted States Mall in Broad-
way-Wasting the Water at Booths THEATRE
New Version Of the LAW us to Changing
Dollar HiiIs--Inabilty to See In the Dark.
Before Judge bowling.
There was large attendance of spectators at this
court. The calendar was unusually light there
being only twenty Ave entered, fourteen Of
which for assault and battery, nine for petty
larceny, one for malicious mischief and one for
Abandonment
oBsrRUCTING THE UNITED STATES MAIL.
John Byrnes, driver OF an express cart carrying
bags for the United States mail, was charged with
assautng officer woodward. Of the First precinct
The officer stated that he was duty in
Broadway, and in regulating the traGlc of
pull his cart up Byrnes refused to do this
after slight alteration, upon which woodward
mounted the cart to take Byrnes into custody Byrnes
struck the policeman with the end OF the whip. and
as Woodward had some doubts as to whether he
the United States man. he forbore the of his
official authority until Byrnes had deposited his last
then arrested HIM and took him to the station
Upon crossexaminatlon by the prisoners solicitor.
woodward said that Byrnes threatened 10 "mark
him. Mr.. Charles Forester, assistant superintend
ent oil mails in the Post ONCE, New York, gave EVIL
dence as to the duties Of Byrnes and said that
woodward complained to him Of Byrnes' conduct,
upon which witness replied that he could not arrest
Byrnes While in the discharge Of hIs duty deverer
OF mali oags heard bysander tell the officer that
mails were discharged, ana then Byrnes was appre.
hended The instructions to the drivers were to- get
en @ re puhc snei cou consist
The Judge said that the testimony OF two wit.
nesses had proved the prisoner guilty Of ASSAULT.
The law aid not make any difference between the
driver OF cart containing the United States mail OF
anything else belonging to the State and the driver
streets for the purpose Of regulating the traffic and
their orders must be Obeyed. He the Judge) had
express carts generally conducted themselves rs il
every vehicle IN the streets was to make way for
them. This was a delusion. Tho onlcer had eXer-
cised great 1orbearance toward the defendant, aud
had allowed HIM TO go to the Post once and com
pce the delivery OF the mail. The drivers of these
carts must know that they are as amenable to the
law as any other citizen, and do not possess any
privileges over anybody else.
Eyrnes was fined fifty dollars and 70 be confined In
the City Prison for ten days.
AN OVERFLOW AT BOOTHS THEATRE.
Thomas McCready, respectfully dressed middle
aged man. and formerly servant at "BOoths,n
was charged with committing malicious damage Mt
Booths theatre. Mr.. J. Henry Magonigle, the bust.
ton he had received from his Waterman he went on
TO the stage on Sunday last and found that it was
damaged. McCready had been discharged from the
premises about four months since, he having pre-
he was discharged was that he had been endeayor.
Ing to destroy and iniure the working Of The ma
cninery which regulated the scenery. PATRICK
Golden the watchinan, stated that he told the pri-
soner on this occasion TO leave tho premises and
tnat when he saw him turn the water on Witness
went below and stopped the supply OF water or the
damage would have been very serious.
The Judge---What made you do this?
Delcndant-l was Incapable or knowing what
did. was In liquor when went In there.
Iudgo--IJ Ia evident you had some feeling OF ami
mostly against some person IN the theatre. don't
know that you did great deal OF HARM but you In
tended 10 do II. Besides this you wasted the water,
and that, TOO at time when 1t Is eight feet below
the water mark IN the reservoir. shall send You to
tue Penitentiary for four months.
GETTING TIE CHANGE FOR TWENTY DOLLAR BILL.
Antonio Long, an Italian had taken compassion
upon Mrs. Margaret McsGanus, pensioner who mad
entered saloon where Long was drinking, in
state OF great distress and as he said, burilened
with liquor because she could get twenty dol.
lar DiIl changed. Long undertook TO relieve tile
lady OF thai little difficulty, and on her entrustlng
him with the bill he went his way, which proved 10
be dishonest way, for he did not return with tic
sclange.O
Mrs. McManus, on presenting herself before The
has Got low dollars ana that's ali want j said thss
lady. TDe Judge told her it was not oil he wanted.
and askei her To kiss the book which she did after
O slight hesitation.
'Now madam asked the Judge, ''did you give
this man this twenty dollar blr
"Or course did not" replied the complainant ~
gave 1t 70 hun to get changed, or would not have
Tho judge said that was exactly what be expected,
upon which Mr.. Howe, who appeared for the pri.
soner, said II was what he expected, too and pro-
ceedcd to quote law authorities that there was no
larceny, because the prisoner had not stolen the
twenty dollar BILL and that II he had stolen anything
It the change for IT, IL had held In the SUI
property In q specified article which was Intended 10
be changed into something else q charge of lnr-
cepy for that particular article could not be sus-
tanned.
Judge--"well, IL will be sustained here cannot
90 with that authority and 1t certainly won't be us
nnc ~ - reWar for hia kind ,nterferanca m he.
half Of tho lady, was sent 10 the Penitentiary for SIX
MISCELLANEOUS CASES.
Georye Harrlsop, described py the Judge - ~ old