The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-08-17
"CUSSEO" IN JERSEY.
Not Only That, but Berry Chuoked
Girls Under the Chin.
Then hs Was Arrested and Ar.
raigned Bsfo. 0 the Judge.
Escaped Punishment for the Crime
on . Technicality.
Especial to The Evening World

mustn't ''cuss" in New Jersey, for there
Is statute with penalty against that
fault In the books of that State.
Ward G. 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 It's environs
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 a
curiously interested throng.
1t seems that little while ago
Patsy" Burns and "Scrappy" Null
doom started a merry-go-round In a
vacant lot near the railway station.
The town was reused by the unusual
attraction, and the horses, chariots,
camels 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 nelghbor-
hood objected TO the racket. and finally
some one wrote anonymously letter or
compla mt to the Board or Improvement.
Inc Board of Improvement IN Hacken-
sack is the Mayor ana Common council
rolled into one, SO tar as the New ork
mind can grasp its important authority.
Constable Michael Breen was appoint
ed guardian OF the peace at that turbu-
Among the frequent visitors to the
scene or festivity was Mr.. Berry, who Is
only twenty years old, u student OF law,
cient 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 sip OF a fellow dared TO tickle the
necks Of the girls VINO rode on the
fciaiiy demonstrated with for that lib
efty. THIS Is all a matter Of evidence
ana confession. 'N
On the, night Of Aug. IL. which. was 9
Mr.. Berry In the act Of tickling the ex
posed necks of the girls VINO rode or
| tne merry-yo-round and swept by IN
| and finally expelled him from the
grounds occupied by the round
Mr.. Berry swears that Constable Breer
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. a stone;
| there that part OF the case stands, az
the Grand Jury has not met since.
The constable, now thoroughly aroused
and entered far
swore that Berry swore when he put
l. i'm off the grounds occupied by the
| merry-go-round, and this Is the salient
act under which the complaint was
n ade.
The section reads:
Any person drunk or othsrwisel Who shall
Of any city. village. borough or township O.
this State, and shall indulge in and utter loud
1 Ind nF NM ha ahh
or make audible and offensive remarks com
monts upon any persons passing along suci
se per p.r,o sna under % esn sRS
not exceeding $40 nns or thirty days imprison
| Rent
The case was brought up this morning
| before Justice Heath. The rather linn
tied athenaeum over which this distin
gulshed jurist presides, has crowded fal
| beyond its limits, and many stood ~
Patsy Burns and .scrappy" Muldoor
had come all the way from Englewood
eight miles OF to witness the issue ane
Constable Breen was sworn. He wa,
| very moderate in his complaint. Berry
had sworn, II convicted. to push the cast
an army OF influential friends.
Lawyer p. w. Stage. appeared fol
Berry, and was very intimidating In hi
manner towards tie s c9nsta6ie on tn,
1
that he had heard the defendant say
| Damn" Defendant had gone no fur
ther and in the utterance OF that dread
full word, was only audible three fee
Under cross-examination the constabl,
| said that II he had been another yart
further from the defendant he would
not have heard the objurgative. justice
Heath solemnly decided that oftensiy,
Iutterance had not been made in a loud
voice, which Is a very important point
Lawyer stagg said that the whole pro
we're who Ssa fairy
the young feminine patrons OF thu
merry-go-round. All, there. Maud
Where are you going Mamie?" and tn
like - ,
testing the point of venue, and 1t cam
out that the grounds where the merry
go-round was located was private prop
erty. not used for permanent show Pur
poses. and, therefore, not publ
That settled 1t. Since young Berr,
could not have been heard two yard
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
dismiss the case.
He took occasion. however. to remin
young Berry of his prominent positio
In the society of Hackensack, and I
warn him against further indulgence
under his breath though It mignt b.
des ana %PfSRef per ns ears
Young Berry was found at the Count
Clerks ONCE at work upon some Of hi
law business. He was very good HI
mored over the aSen him ana laughed
He denied having tickled the girl,
necks or having said bad word to I'll
constable. and declined TO say whethe
3r nU' haSore The Grand Jury