We do not think that the acts complained of come within the provisions of section 1459 of the Consolidation Act (Laws of 1882, chap. 410), because they did not tend to a breach of the peace, and, therefore, the conviction of this defendant was not justified.
The judgment must be reversed and the defendant discharged.
Present — Ingraham, P., J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
Judgment reversed and defendant discharged. Order to be settled on notice.