The evening world., 1888-07-26

Major Downs, of the list Regiment.
wearing o smile Of confidence, wnich re-
hecied his feeling of the justice of his cause,
appeared before Justice Ford in the Jefferson
Market Police Court this morning, where his
trial, on the charge of disorderly conduct,
commenced yes erday, was resumed.
Lawyer House. who is fighting the battle
of the Twonty-third Street Railway Company
liant Major, was considerably taken aback
yesterday by Justice Ford.
tie had Uttered the Justices desk with
hooks and deci,ions which he was reasonably
which, in reality. only made the defense
more strong.
The cases cited we're those of assault. in re-
sisting ejectment from a car after failure to
depos fare in the box.
The dictum of the trial Judge aud the
Court of Appeals was to the effect that the
rule requiring passengers to deposit their
fare Is a reasonable on. and that sufficient
force to eject a passen er who refuses 10
obey the regulation may be used.
Not one word in all the decisions, however.
make the nipple refusal to deposit the fare a
breach of peace, or disorderly couduct and
it Is for this that Major Downs was arrested
last Saturday.
Then too the company, through its driver,
had received the Majors fare and forced it
back up n him.
the first witness today. He related the oc-
currence which resulted in the arrest of
Major Towns. He said the Major boarded
the car between Sixth and Seventh avenues.
rang the bell for him to put his fare in
the box and he failed to do 30. Iopepedthe
door and asked him why he didn't put in his
fare.
He said if I wanted it I could come after
it, and he held it up for me. 1 told him that
/ cou, dn't take it, and he said, DO without
1t, them
;pupactnro Won Toccal and n1ov o,a,,aJ
the car and called 10 them,
They came into the car and asked Major
Downs why he didn't pay his fare. He said
that he had offered to. l put my hand on
him to eject him.
HI told me there was no necessity for
force. The inspec or placed h IN under ar
rest and he went with him without Offering
any resistance, after getting the names of
To Mr.. House the witness said that the
Major said that he. the driver, or anybody
else could not put him off the car.
In cross examination Mr.. Nicoli started on
n line to show what the duties of the driver
Mr.. House objected to this method of cross
examination, on the ground that it was imma-
terial t, ethe issue as to whether Major
Downs conduct was disorderly.
Mr.. Nicoll rejoined that he proposed to
show that the rule requiring the placing of
the money in the box is utterly unreasonable,
and that Major Downs was right in refusing
to observe it.
The question of the ~reasonableness Of the
regulations, Mr.. House commended, has been
decided by the Court of Appeals in the af-
Mr.. Nicoll denied that there had been such
q decision, as there never had been any occa-
sion for IT.
Justice Ford admitted Mr.. Nicoirs ques-
tons, and he proceeded to show by the wit
to drive his horse and lock out for passen-
gers without attending to the collection of
fares.
The examination revealed the fact that the
drivers back Is turned to his horse a large
share of the lime while he is making q trip
through crowded thoroughfares:
Driver Morrow SAID that Mr.. Downs made
no disturbance ut any time. He also said
that he might have placed the fare in the box
for Mr.. Downs. but he refused to do SO and
SO did Inspector Corey.
To Mr.. House the witness said, that during
the argument with Major Downs his car was
stopped five minutes and two others blocked
behind 1t.
Thomas Govey, the inspector and special
pc iceman who arrested Major Downs, told
the story of the arrest. He said he refused
to take Downs's fve-cent piece aud put ii in
the box, though there is no rule of the CON-
pany preventing him from dong It,.
IF he had been oil /. lame or feeble I'd
have deposited his fare for him." said the
witness. ~ could have taken his fare, but
as he seemed to want TO make a test case 1
obi ged him by placing him under arrest"
The case for the, railway company was
closed will the evidence Of Inspector Van
Tassel. and Major Mallnce A. Downs, the de-
PENDANT, was asked to take the stand and tell
his story.
mercial traveller for q Greene street house,
who was a passenger in the car, curroborated
Major Downs and 30 did q. A. Esler. a clerk
for the Home In urance Company. residing
at 1926 West Twenty. fourIh street.
The evidence of this witness closed the case
for the defense, and MIR. Eicoll promptly
moved for the discharge OF the Major.
Mr.. Nicoll commended that there is no law
which parnifa tho raiINav copnanv tn rnn