ORDERED OFF.

Dominion, Volume 6, Issue 1695, 11 March 1913, Page 5

ORDERED OFF.

BROOKLYN CAR INCIDENT. I AN OBSTINATE PASSENGER. • DISPUTE AIRED IN COURT. At the Magistrate's Court yesterday, Norman Horace Jury was proceeded against by tho City Tramways Department for failing to leave a Brooklyn traincav when requested to do so by tho conductor, ou tho ground that no seat was available. Mr. O'Shea represented the City Tramways Department and Mr. O'Leary appeared for the defendant. Mr. O'Shea said the charge was laid on Clause' 32, of By-law 2, of (he 'Tramways Act, 190S, which raid:— "When any carriage, in the opinion of the conductor thereof, contains a full number of passengers, no additional person shall enter, mount, or remain in or on any such carriage after being warned by tho conductor that the carriage is full aud not to do so." Ho said that this was a provision niado by the Public Works Department that no more passengers should be allowed on' any car on tho Brooklyn liuo than there wero seats, for, in order to conserve the safety of' tho public travelling on that line. Tho car in question—No. 86—had four compartments, and four people 'could sit with comfort on each seat. Defendant had refused to leave when requested, and was encouraged and incited to slop in the car by.other passengers. Mustn't Sit on Knees, v Thomas Turner, the conductor oil Car S6, said' ill evidenco that on tho date mentioned ho asked tho defendant to leave tho car at Wordsworth Street, as the compartificnt he was ' iu ' was too crowded. There were eleven people in it. The defendant was' not seated, but was sitting on another man's knee. Witness told him ho would have to get off, as he could not sit on knees. Defendant refused to move, and witness said, "All right, we wont go up the hill until yon get off." Defendant still refused to move, and tho car was kept waiting for four or five minutes. Meanwhile a down car had arrived from Brooklyn, and witness then told tho motonuau that there were too many ou tho car, and to return to Manners Street. The motorman counted tlio number of passengers. When tho ear arrived at the New Brunswick Hotel a passenger got out of the compartment in which Jury was in, so witness locked tho door so that no more could get out. On arrival at Manners Street Constable Crowe asked defondant for his lianio and address, find also asked him to leavo the car. Defendant did not have a seat then. To Mr. O'Leary: He had been on the Brooklyn run for some time. At "rush" times only those who can find seats are carried. 'Sometimes ten 'persons were able to secure seats in one compartment. Witness had seen eleven carried in one compartment. When ho asked tho policeman to put tho defendant off tho car that officer replied that it was not within his power to do so. Arthur William larkor,. motorman of Oar 86, sam that 116 was certain that there wore eleven people in the compartment in which Jury To Mr. O'Leary: Witness would swear that defendant was sitting on a man s knee when tho car readied Maimers Toohill, conductor of the car following car BG, stated that lie heard Conductor Turner, tell defendant to leave the car. His car followed Turners to Milliners Street, and when at the >Brunswick Hotel, ho saw a man get off that car. John Currv, a passenger, gave evidenco about tho "deputation" which went to Mr. Jolm Smith's residence. He said that he was asked to go with tho defendant and party, but refused.

Jury's Story. Mr O'Learv called Norman Horace Jury, who said that when ho boarded tho car (here wcro eight persons in the compartment. As lie got in another person followed, and defendant sat: on ft passenger's knee. The conductor then came round and ordered defendant out of the car, as it was overcrowded. The other passengers then moved mid defendant secured a seat. Tho passengers told defendant to keep his seat.. No one got out of "the compartment defendant was in, from Wordsworth Street '.o Manners Street. lie pavo his name and -address- to tho conductor he fore he reached manners Street. F. Arthur Bal;»r could not swear that there were onlv ten in the compartment. Thomas M'liowcll said that when the car arrived at Wordsworth Street three persons got out and two got in—.Tury and another. Defendant sat on witness's knee. A little later defendant secured a seat. There were five persons on c<ich seat. Ho was certain that there, were ten in tho compartment. The conductor locked tho door when leaving Wordsworth Street. Feeling Atiainst Conductors. Mr. O'Shea: There has been considerable ill-feeling towards (lie conductors at Brooklyn hasn't there? Witness: T don't know. We want some, definite arrangement about the carriage of nasscntrers 011 Ilie cars. llr. O'Shea: But the conductors have been unfairly treated by the residents. Witness: Not that 1 know of. _ After further evidence the hearing wns adjourned until this afternoon.