New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1913-03-02
BOROUGH GOSSIP
Jury TangIeS Itself Up and PriS-
Oner Comes to Rescue.

Kings County got into the limelight last
week and almost established a precedent.
The prisoner and his lawyer had to help
in disentangling the situation. The pris-
oncr was Salvatore Genaro, of No. 40
Myrtle avenue. who was charged with
having broken into the home of Anna
Kelly and stealing property valued at
$40 lie was under indictment for bur-
glary in the third degree. Judge j. II.
Herman charged the jury and sent it out.
AT that time no one had noticed anything
unusual about it, After a while the jury
men were escorted back.
Gentlemen, have YOU agreed upon
verdict" demanded Clerk Moore.
The foreman opened his mouth. but no
sound came out He was stagestruck.
He could not remember his lines.
Gentlemen. have you agreed upon
verdict" repeated the clerk.
"W-we have" the foreman managed 10
say. and then an awed silence ensued.
What is your verdict" the clerk de-
manded
"G-gulty of burglary in the third de-
gree" stammered the foreman.
His colleagues Sasped and loked at one
another wildly. but remained silent. The
clerk asked them if that was the verdict
OF al of them. and they silently admitted
IL was y few moments afteTward they
were discharged. Not until they got into
the corridor did they recover their voices.
Then they gathered in an excited knot
and discussed the verdict.
They had decided that Gcnaro was
guilty Of petty larceny and not of bur
glary in the third degree, and even the
foreman remembered then. After an eX-
tended conference they delegated the
foreman to visit the judge in his cham
bers and explain. He did so. There was
nothing that could legally be done by
them at that time. They were no longer
Il jury, and. besides they could not bring
in an amended verdict even if they were
still undischarged However. the judge
had them called together again the fol-
lowing day, and they agreed that the
foreman had made mistake. The only
way out of the dilemma seemed to be
10 give the prisoner q new trlal. IneI
the prisoner came TO the rescue. Al inc
suggestion of his attorney ne agreed 10
plead guilty TO the charge OF petty lar-
ceny His plea was accepted by the
court. and for the second time the jury
was discharged
The driver of the water wagon fell OF
a couple of days ago and for time
there was considerable doubt as to where
the wagon itself was. For the benefit OF
those persons who do not know the driver
il might be said that he is Patrick j.
Burke. Of No. go S9th street. He was ar
raiened before Magistrate Gesmar. in the
Flatbush police court. by Patrolman
Thomas Brady, OF the Grand avenue STA
ton
You have been arrested for intoXica-
ton" said the magistrate. what nave
YOU been doing for living
Il drive a wagon" returned Burke.
What kind of a wagon?
"A water wagon
There was a burst of laughter from the
spectators.
do YOU really mean that?" demanded
the magistrate.
Yes. | am a driver for a water COM
pany. Yesterday was driving my wagon
at Franklin and Atlantic avenues and
fell Off.
The policeman testified that his state
ment was only too true. and said that
Burke's first words, upon recovering c0n-
seriousness, was to ask what had become
of his wagon. The horses had taken it
safely TO the stable, however
IN let you 80 this time. Burke" said
the ma sistrate. but 1 advise YOU TO stick
closer 10 your water wagon. both literally
and fiCuratively, hereafter.
Among those who had listened 10 the
story told by Burke was Michael Talbert.
who lives IN Bedford avenue. he also
had fallen from the water wagon, though
10
raigned he showed the court he mad ohly
one tooth.
Il got a terrible ache in that one tooth,
your honor" explained Talbert. land that
was what drove me to drink.
The magistrate seemed to think Talbert
had shadow OF justification, for he sus-
pended sentence.
The justices of the Supreme Court are
trying to revive interest in the frequently
proposed new courthouse. The one thing
that seems TO stand between the justices
and the realization of their desires is
50 400 900 or Whereabouts. Last week Con-
troller Prendergast was the guest OF the
justices and Justices Crane and Kapper
showed him over the old courthouse ana
pointed out to him its deficiencies. Be
fore returning to Manhattan Mr. Prender-
CAST said:
"There is no question but that = new
courthouse is needed. The city oficlals
have never disputed that. Every one
however. knows that it has been largely
n question OF finances. The site selected
bv the Justices was deemed TO be An ex-
pensive one. and. naturally. TINS inter-
fercd with the progress OF the matter.
am sure we should now use every enort
to SEQ if a start cannot be made toward
now building But the people must under
stand that they cannot have new court
house a new municipal building and all
tho other things they are asking for at
the same time There is one phase OF TINS
cle.tion that / have never been able TO
understand. and that is why better at
tempt has not been made 10 make the
present courthouse more habtable In
my trim through the courthouse I saw
many things that should be changed. ana
will be glad myself TO suggest these de-
tails"
Miss Helen Keller and Mrs John Macy.
her Instructor. will give a joint lecture
before the Brooklyn Institute OF Arts and
Sciences on THURSDAY evening on THE
Heart and the Hand Mrs. Macy Will
tell OF Miss Kellers life and education
and Miss Keller will explain the right use
OF the senses. Herbert ". Gleason viii
begin series of afternoon and evening
illustrated lectures on our Great Ma
tional Parks on Saturday. The topic OF