The New York herald., 1870-08-27

Disposition Of tho Case Before the Kayor-An
Occupation That is dons-ATest
Case Preparing.

Case Preparing.
The Mayors Court, In the City Hail. is fast bec0-
ing an institution Of the metropolis. where all sorta
VI odo cases falling outside the ordinary routlnS
ana experience Of the police courts ind hesr1ng1
Inc tneatre ticket speculation trouble fell witniH
the category OF curious litigation and accordingly
found It's way to the Mayors Court where 1t wa4 4.
heard yesterday for the last time ana disposed OF t
inc satisfaction, as 1t would appear of both partlea
concerned. The excitement hich this ticket spec1
ulation has caused may be attributed to the preva
lent Impression among the public that the theatre
people acted in rather high-handed manner In
turning away anybody who purchased ticket Id,
good faith, even though 1t might have been from
and by ticket specuator.
The young men who put In an appearance the lass
day the up before the Mayor mustered less
numerously yesterday. Those VINO gave their at
tention to the case from beknd the high counter,
which extends across the chamber, were all, with
one or two exceptions, Irozen-out ticket speculaH
tors. Theirs is an idle time Just now; but, nots
withstanding that their occupations gone and
that Cfibuation has come upon them, they maintain.
serene air In spite OF all
Ticket speculation must have been paying
business, judging by the fashionable styld
in which the representatives OF this now
exploded occupation rig themselves out.
The defendant Mr.. Apeley might have
been taken Tor the aniuent and adlpose Jim Fisk;
and the young men outside the mahogany bar where
municipal justice is dispensed might have been
taken, In their lavender.colorcd pantaloons and
gloves, for members OF the Corporation ring. They
naturally showed sympathy and interest In the
iae OF their business embodied in the person Of
the defendant and believed they were not mistaken
in supposng that his Honor the Mayor had the dis
In hQn nda
AT one O'Clock precisely Mayor Hall made his ap-
pearance' fresh and sprightly as usual and shortly
after Mr.. Davis, counsel or the defendant, In,
took a seat aud cas-. che shadow Of his majestlG
form across the notebook or an industrious reporter
behind him. His partner, Mr. Brewer, was absent.
There were very lew spectators present at this
time, but In q little while a couple Of dozen sharp
eyes and noses were projected over the high, nar-
row ledge which separates Marshal Hart from hia
| fellow citizens.
THE PROCEEDINGS.
The Mayor Ore9ea TIE proceedings by Observing
to the counsel for speaking,
unless you waive. should lead these deposilons or
| examine the Witnesses over agaln
Mr. Dayis--There Is no occasion.
| The Mayor asked Mr MagonigIe II he had any
witnesses TO which he replied In the negative.
Mr.. DAVIS then called upon his Honor to discharge
the defendant on The ground that he had no juris+
| The Mayor replied that he had to differ from the
counsel, and read from the statutes OF the state ia
magistrate extended TO these cases. Under the act
OF 1928. the Revised Statutes, ne had the powers
| Mr. Davis cOntcnded that the special powers for
merly vested In the Mayor were transferred to tla
! police justices by the act Of ls4S.
The Mayor made note OF the points raised by Mr..
Davis and observed that day before yesterday au
| Alderman entertained a complaint against mate
| for abandoning Ills mother-ln-law.
Mr. Mag0ngle, cr0sS-examined BY Mr.. Davis,
| said.-I am business manager OF Booths theatre3
| am unaware OF the defendants business; WaA
standing inside the railing in the vestbule when the
defendant presented his ticket for admtssiOn l. haH
w % eoT er m me & h
wasa ticket specuator; defendant on presenting
the ticket was refused admission; he asked
why he was refused; he spoke very loudly, and
told him that unless lie relrained from speaking I'M
that tone should have him remoyed had him
removed by policeman named Greer my bu-
siness kept me in the theatre told our janitOr, who
overheard part OF tue proceeding, to go TO the sta
tlon house and make The charge; but he was uns
able TO give an account Of the whole occurrence
was sent for and made the charge al the station
house, and also next morn,ng before Judge Cox, aa
sir. DAVIS said he detred to show by the Witness
that it was on this p ecise charge the defendant was
previously discharged by Justice Cox. !
The Mayor observed that the case was altered.
The statement made beOre Justice Cox by the com.
plalnaat was not sworn one.
Counsel continued the crOss-examinatiOn-I could
not identity the ticket II 1t were shown me. there
are 80 many hundreds alike.
The Mayor-I don't think this Is necessary. am
willing assume for the purposes OF this examinaI
tins gentleman's ticket. He had right to 10 III
with the ticket he held, but that not the Ques.
was, did the defendant. in seeking admission, be-
nave III such manner aS was calculated to lead to
q breach OF the peace? es..s
William Moore examIned-Said he told the defend.-
ant that he had orders TO refuse him admlssion de
fendant said the ticket was proper One and ne
was bound to go In on 1t; Mr. Magonigle observed
that unless he kept quiet he should hare him rc-
moved; quite number OF people were standing by
at the time OF the occurrence.
Charles Keil cr0ss-examtned, said his recOcctiOn
OF the occurrence was the same that OF the door,
keeper.
The defendant, George Apeley, was then sworn
and saldl was at Booths theatre on the night of
the 18th OF August; got ticket Of admission from
u specuatOr; told MI. MagOnigle when he reruse0
me admission that he should let me In as the ticket
was regular, legitimate one; he turned round and
called to an officer ''RemOve this man;n used no
threatening language to Mr.. Magonige. \
To the Mayor bought the ticket with no idea OK
being refused admission; never was inside the
theatre before since the first night It opened.
Counsel made brief appeal In behalf Of hts client
holding that he did no more than what his Honor or
he (the counsell would 90 under similar clrcum1
purpose Of seeking controversy with Mr. MagoniglS
which might lead TO breach OF the peace, then he
was amenabe to punishment, but nothing OF the
kind mad been proved. The Mayor held that ha
could not resist the testimony OF two OF the wit
nesses that the defendant acted In such manner
conclusion he said:-I shall ask you to send your
client here with sureties IN $500 to keep the peace
for twelve months. If not sooner discharged. Hero
the proceedings terminated. Counset ann0unced
privately the intention OF his client to bring suif
some day next week against Mr. Mag0nigle for ma
iciOus prosecution and then truly test case is ex-
pected to be made out OF this troublesome subject Of
ticket speculation.
THE TENEMENT HOUSE TRAGEDY.
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