The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-07-26
ALL SMOKED UP
CIGARETTES AND A PIPE IN
COURT ROOM.
wealthy South Orange Doctor Charged
Hackman Ball with Beating Horse.
Case Is Adjourned

Because the complainant. DR.. Martin
E. Waldstein. a wealthy new Yorker
residing in Ralston avenue, South
Orange, smoked cigarettes in the South
Orange court room during the hearing
of orville Ball. a South Orange hack
man. who was arrested Wednesday
night for the alleged unnecessary beat
ing of his horse In Scotland road, South
Orange. the latter said he would also
'be in the swim" and sent for a pack
OF high-priced cigarettes and smoked
them during the hearing yesterday
afternoon.
with the complainant to the right
side of him and the defendant to his
left. 10Th putting and blowing smoke
In his face, Police Justice j. Martin
Roll did not get angry, but, on the con-
trary. pulled a pipe from his hip pocket
and Joined in the smokefest himself.
The defendant did not show any ef-
fects of fear at the hearing and danced
a Jig, which he accompanied by whis-
Ting until stopped by Police Marshal
Thomas f. Mcguire.
In testifying DR.. Waldstein said he and
his wife were seated on the piazza Of
Professor John Montleth's home, In Scot
land road, accompanied by Mr.. Montieth's
two daughters, when the hackman drove
past with a passenger in his carriage,
whipping the horse unnecessarily. After
taking the passenger, VIII was George
r T.. Britain, another well-to-do man, to
his home, near by, DR.. Waldstein said he
saw the hackman cut the horse with the
whip, and the animal swerved around
crushing in the spokes of one Of the
wheels on the wagon.
Ball pleaded not guilty to the charge.
= -..fI N.o1t.al Mr. Rriffnn az
a witness, and in not over choice Ian
e,,age called the complainant a "liar."
The Judge told the defendant to use more
refined language and allowed him to tell
his side of the story.
Ball said that after leaving his passenger
at nome he was turning his horse around
when all of a sudden the animal started on
n run. This, he said. was because OF a
part of the harness breaking. He said he
then detached the horse from the vehicle
and had jumped on its back when 1t kicked
and tried to throw him off. He said he
then hit the animal one crack with the
whip, when DIR. Waldstein ran out, saying
he would have him arrested.
II then drove the horse down Scotland
road until 1 reached South Orange avenue,
the complainant following" said Ball.
1--WE met Policeman John Matte, whom
DR.. Waldstein requested to arrest me and
the policeman did
Because of varying testimony, Judge
Roll said he would adjourn the hearing
until this afternoon, and in the meanwhile
he would subpoena Mr.. Britain and the
Misses Montieth to testify in the case.
Ball objected to this, saying that DR..
Waldstein had the time of the hearing
changed from 10 o'clock yesterday morning
until 4 o'clock yesterday afternoon, and he
(BaI) asked that the case be postponed
until Monday, In order that he might
produce another witness, who he was UNI
able to produce today. The Judge con-
CURED in this action, and the hearing was
adjourned until Monday afternoon at 4
o'clock.
On his way out the hackman told the
doctor that he had the wrong pig by the
tail, and the two got into a warm argu-
ment, which Acting Roundsman Frank
Kenny finally quelled.