The evening world., 1894-08-17
"CUSSEO" IN JERSEY,
Not Only That, but Berry Ohucked
Girls Under the Chin.
-
Then Hs Was Arrested and Ar.
raignsd Befo The Judge.
EAcAned Buniahme ni To-. liz I.i...-
Escaped Punishment for the Crime,
on = Technicality.

HACkENSACK, n. j., Aug. 17.-You
mustn't "cuss" in New Jersey, for there
Is a statute with penalty against that
fault in the books of that State.
Ward @. Berry, one of the eminent
young residents of Hackensack, escaped
punishment to-day for that offense.
upon a very slender technicality.
The pretty little town and Its envrons
were very much stirred over Mr..
Berry's predicament. and the small
court of Squire Heath in the back of
his drugstore was packed with IA
curiously interested throng.
1t seems that little while ago
Patsy" Burns and "Scrappy" Null
doom started merry-go-round in IA
vacant lot near the railway station.
The town was reused by the unusual
attraction, and the horses, chariots,
can,els and elephants spun around until
far in the night. The patronage being
heavy, and the patrons being there for
fun, there consequently WAS some noise
The sober jewellers in the neighbor
hood objected to the racket, and finally
some one wrote anonymously letter or
complaint TO the Board OF Improvement
The Board OF Improvement III Hacken-
sack Is the Mayor and Common Council
rolled into one, so far az the New YORK
mind can grasp its important authority
Constable Michael Breen was appoint
ed guardian OF the peace at that lurbu-
lent spot.
Among the frequent visitors to- the
scene OF festivity was Mr.. Berry, who IL
only twenty years old, a student of law,
and the scion of one OF the most an
Client and opulent families OF that sec
ton of New Jersey.
One glance at young Mr.. Berry would
instantly disarm the suspicion of the
most timorous old maid, and yet that
little slip Of fellow dared to tickle the
merry-go-round. and to swear when Of
fcially demonstrated with for that lib
erty. This is all matter OF evidence
On the night of Aug. IL, which was a
Saturday, Constable Breen says he saw
Mr.. Berry in the act OF ,iclSling tine eA'
the merry-go-round and swept by III.
| offender. According to the constable I
story, he demonstrated with MIR. Berry,
and finally expelled him from the
Mr.. Berry swears that Constable Breen
kicked him and made a complaint before
Squire Heath to that effect. The Squire
heard the case and bound the constable
over to the Bergen County Grand Jury
| in $50 bail Frank Murray. stone
cutter, went on the constable's bond. and
there that part Of the case stands as
the Grand Jury has not met since.
and Indignant, entered proceedings
against Mr.. Berry for swearing. lie
T. i'm off the grounds occupied by the
| merry-go-round, and this Is the salient
feature OF Section of the Disorderly
act under which The complaint was
nade.
The section reads:
Any person drunk or oherwiseJ who shall
GS upon any ,o.G Gss} or PSSls pass
| this State. and shall indulge in and utter loud
indecent or offensive Language or shall address
| or make audible and offensive remarks or com
street or public place, &c. shall be deemed AND
not exceeding $50 hne or thirty days imprison
ment
The case was brought up this morning
JIstss Heath bns rather tbh linn
guished turist presides has crowded fal
beyond Its limits, and many stood IL
the backyard with their heads through
Patsy Burns and "scrappy" Muldoor
had come all the way from Englewood
eight miles off, to witness the issue ant
Constable Breen was sworn He was
very moderate In his complaint. Berr!
had sworn, II convicted, to push the CASE
before the Grand Jury; .,s and Berry has
Lawyer p. w. Stage. appeared fol
Berry, and was very illuminating in hi'
manner towards the constable on the
Stanu. BTeen testlIeu alleT pdTlty
that he had heard the defendant say
Damn" Defendant had gone NO FUR
Their. and in the utterance OF that dread
full word. was only audible three fee
away.
Under cross-examination the constable
said that II he had been another yarc
further from the defendant he would
mot have heard the objurgative. Justice
Heath solemnly decided that offensiv,
lutterance had not been made in a loud
voice. which is u very important point
Lawyer STACY said that the whole pro
sers he %eFe who saa fairly Should
the young feminine patrons OF tn
merry -go-round. All. there, Maud
Where are you going Mamie?" and tn
The Justice. however, insisted OF
testing the point OF Venue, and 1t cam
, out that the grounds where the merry
go-round was located vas private prop
erty, not used for permanent show pul
poses, and, therefore, not publ
That settled it. Since young Berr;
/ could not have been heard two yard
j away when he, employed the terribl
word OF which the constable complained
and the site was not public place, tn
magistrate could do nothing more tina
. He took occasion. however. to remin
/. young Berry OF his prominent posiuo
/ in the society OF Hackensack. and I
, warn him AGAINST further mdHigenS,
in language improper for the ears c
. ladies and respectabel persons.
. Young Berry was found at the Count
Clerks ONCE at work upon some Of hi
/ law business. He was very, good HI
mored oyer the event and laughed a
the charges against him,
He denied having tiekied the gir,,
constable. and declined to say whetht
or not he would press his case agains
Bresn before the Grand Jury.