The evening world. [volume] (New York, N.Y.) 1887-1931, 1894-08-17

THIS is THE roy WHO swoRE.
The pretty little town and Its environa
were very much stirred over MIR.
Berry's prcdicement, and the small
court of Squire Heath, in the back OF Z
his drugstore was packed with .
curiously interested throng.
1t seems that little while ago
Patsy" Burns and "scrappy" Mut
doom started merry-go-round In
vacant lot near the railway station
The town was reused by the unusual
attraction. and the horses. chariotg.
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 noiss.
The sober dwellers in the neighbour
hood objected to the racket. and finally
some one wrote anonymously letter Of
complaint to the Board of Improvement.
The Board OF Improvement in Hacken-
sack is the Mayor and Common Council
rolled into one, so far as the New York
mind can grasp its important authority.
Constable Michael Breen was appointr
ed guardian Of the peace at that turp1ss
Among the frequent visitors TO- thu
scene OF festivity was Mr.. Berry, VINO ~
only twenty years old, student OF law.
and the scion of one Of the. most an
Client and opuient families Of that se0-
ton of New Jersey.
| Instantly disarm the suspicion OF the
most timorous old maid. and yet that
little slip of IA fellow dared to tickle tho
merry go-round, and to swear when Of
| fcially demonstrated with for thai lib
erty. This is all a matter OF evidence
On the night OF Aug II. which. was =
Saturday Constable Breen says he saw
Mr.. Berry In the act of tickling the ex-
p Ss neSks G and swept w By the
offender. According to the constable,S
story. he demonstrated with Mr.. Berry.
and finally esPe hx he hm IRON
Mr.. Berry swears that Constable Breen
kicked him and made complaint before
Squire Heath to that effect: The SQUIRE
over to the Bergen County Grand Jury
in $50 bail. Frank Murray. a stone.
cutter, went on the constable's bond, and
the Grand Jury has not met since.
The constable. now thoroughly aroused
and indignant, entered proceedings
swore that Berry swore when he put
him OF the grounds occupied by the
merry-go-round. and this Is the salient
act aea.u Under er Which which the d complaint was
rade.
Any person drunk otherwise, who shsil
loiter. &c. upon any street or public, rlacs
this State. en-" and shah indulge in and utter loud.
or make audible and offensive remarks or com
mcn,s upon ,, any 20, persons passing along such
adjudged a disorderiy person, under penalty
not exceeding $40 hne or thirty days imprisos-
ment
The case was brought up this morning
before Justice Heath. The rather linn
tied athenaeum over which this dist!n-
beyond It's limits, and many stood In
the backyard with their heads through
| the windows.
Patsy Burns and "Scrappy" Muldoon
eight miles off. TO witness the issue and
testify II need be.
| Constable Breen was sworn. He was
very moderate in his complaint. Berry
had sworn. II convicted. to push the case
before the Grand Jury, and Berry has
an army Of influential friends.
Berry, and was very intimidating in his
manner towards the constable on the
stand. Breen testified after much parley
Damn" Defendant had gone no fur
Their. and in the utterance OF that dread
full word was only audible three fest
Under cross-examination the constable
said that II he had been another yard
further from the defendant he would
Heath H9s aa soiemaiy decide4 that the
utterance had not been made In loud"
voice. which is very important point.
! Lawyer Stage said that the whole pro-
ceedngs were nonsense, as there We're
others there who had fairly shouted at
the young feminine patrons OF the
lmerry-go-round, "Ah, there. Maud
Where are you going, Manner" and the
like.
The Justice, however. insisted on
testing the point OF venue. and 1t came
out that the ground where the merry
go-round was located was private prop
erty not used for permanent show pur-
poses, and. therefore, not a public
place. . ., - ~
could not have been heard two yards
away wheE he employed the terrible
word of which the constable complained.
and the site was not public place, the
magistrate could do nothing more than
, dismiss the case. Mr..
He took occa sion however. to remind
Young Perry of his prominent position
In the society of Hackensack, and to
| warn him against further indulgence.
under his breath though IL might be,
in language improper for the ears OF
ladies and respectable persons.
Young Berry was found ut the County
| Clerks Office at work upon some OF his
law business. He was very good hui
mored over the event and laughed at
He denied having tickled the girls
necks or having said a bad word to the
constable, and declined TO say whether
or not he would press his case against
Breen before the Grand Jury.
A little while ago James II. Van Blair
com known as the Swearing Dominic
was sent 10 jail in Hackensack for two
months. Van Blarcom, who used 20 Dc
( preacher and now runs distiltery'
got mad and swore for twenty minutes.
Justice cummins sent him up. as record-
I'D