The New York herald., 1867-03-01
CRUELTY TO ANIMALS.

-
Animais-Ts.tin,onv or MIR. Henry BERG
and Others-The Evils Of OvsrcrowdIn,
Cows, &c 7r
The examination OF Morris Phaen for violation O
section two under an act passed April 23 1895 b
prevent tho adulteraion OF milk and tho trafac /,
impure and unwholesome milk took place before Jusic
oornwe'l IN BROOKLYN yesterday morning The abovesc-
with the view of offering the for sale or exchange
OF sns keep COWS for the production mix for narke
dou !. sss ~ hs 10 crowded or unhesy con-
pure diseased or unit for food shall be sAilty OF
misosmeanor and on conviction shall be sed not ess
tnan 700 or be imprisoned for less than lrty days In
the PenitentiaFy or ja,n &c.
Ihs dsfendant Morris Phalen, miltsan, whose COW
soes are situated on Franklin, nes, fiushine avenue
WAS arrested on warrant issued by sce Cornwe, BY
-omcer Jesse Lewis, Of the Fortyourth precinct, in
which no Is charged with scruelly and inhumanly tor
turing large number Of cows bykeepng the said ami
mails confined in certain stable occupied BY him, with
snd and din II as 70 cause
The for the prosecutios briefly opened by Mr.
Charles spencer, counsel or the Society for the Pro-
Mr. Henry Bergh, the rst witness called to the stand
testified that on the 2gi Of February no visited tho
stables Of Mr. Norris PhdeD, the defendant situated
Franklin, near Fushirg avenue taking with him two
dctecyes Of the socleg and police ocor; he visited
the premises In question and made au Inspection Of
ths he looked In and could only those which
were near the door, the rest Of tho premises being very
Csanse ior the prosscuton-wsrs the stables venti-
e. defence.
tected to the question, holding that for the court
% decide that question on the evidence produced.
The counsel waived the question and the examination
Mr. Bcrgh-On looking in at the door saw long lines
or rows Of cows extending into the darkness
tho middle Of the day that visited tho place; could ds
tInguish about thirty feet found that those near
the do9r were chained by chain which was passed
which divides the COWS there is an iron bar placed in an
upright position towhich this chain attached the
Cow could not move Its head more than six Inches from
be m niYnrlc mt and In
dcuar position but could not to the side; ali tas
could see were go confined; about four feet OF space
yard and low building Of brick side of which ronted
on Franklin avenue; the building used stable was
nearly square il was not ventilated by any other means
shan the door he should have been abe to seen
further the atmosphere OF the stable hot e.id and
Counsel for the desence-Did you examine to the
physical condition OF The cowsa
Mr.. Bergh replied thar he had not done so II being
uficent for him TO know that tho place generally
filthy. He stated tina. being anxious know ho lomg
time the had been confined in this natural con
diion he had inquired of Mr. Phalen but c said did
not exactly know. Well said !, II one, three hvs
six seven months? Yes, said he perhaps.
Mr. Bergh being asked by the for the defence
II he had made the subject OF the treatment or catlo
Of special attention remarked that ic had gwen his
attention 10 the subject both in Europe and a. home aud
that his observation Was very extended.
Mr. spencer-what effect would want Of light have
upon n,malsy
Mr. l,cuitt hero rose claimed that in the statute
under which the defendant was nc used cruelty to ami
mails is mot made subject for prosccation unless i Is
shown that the animal was cruelty and micously
tured They must show nal cc In The ACT Tho mere
keeping of animals In barn for the psrposc OF provide
ing milk for the wants OF man, under Shelter IS not
wilful or malicious cruel "
Mr. remarked that the counsel's argument for
the defence unfair yet tho do was guilty
OF nis,emeanor. and he hoped his Honor would delan
him; he violated the statutes OF 1867 1895 and 1866
then he should be held for trial he cited the
Gently tried New York. IN which the party accused OF
leaving hiscae exposed the inclomoncy OF the win
ters storm mad boen convicted. When an act Is
lac
the fAct that the party accused hos number or animas
in such position and I.-used condition. He then de-
ths COVE we're confined in building barely hundred
feet square, without ventilation. hot and fed aos-
kept IN that position for period Of six months He
held thai the accused nmenabe 10 the Law for viola
ioa Of the act Of 1882 and that the magistrate
Mr Dewitt did NOT think that It was fair 10 infer from
the experience OF an expert referring 10 Mr.. Bcrshl
The business OF the defendant Is 10 produce milk
much - possible and not 10 kill COWS, ard f he finds
thas they produce milk in the in which lie
saw moit remunerative, was II a crimcf II was no
crime 10 allow the wocl on the sheep to grow long
alter the sex Of an animal man In bis wrath ~culd
inhumanIy whip horse; Il Is such nets that the law
would reach and punish; but he held there malice
h hs case. and a. to want Of ventilation occasoned by
would cay Il, God pity cows that arc kept at such
sessoa In . stable ventilated In that manner.
Mr.. Spenccr considered that enough OF milk was
squeezed OF such used to poison many, aud
that where an animal by thc act of man was iuhumany
cs r M ana ms s
,ne position they AFFORD TO havc their cattle rot and
ue 10 thai situation lens Of thoussndsof & children
ot beea for the miserable milk which flooded Brooklyn
nd New York
NJ srsncer then put The question, What effect upon
these animals s produced oy the absence OF gh, and
O6iecisd 20. and objection overrulcd by The Court
M Bereh-It diseases the body and the milk that tie
Cross cxsmned-My investigation as regards the treat
hoog, IN fho tnrv
sowp In stables; would judge that X animals vers
tound In the way In which found them IL would
9 show the delo,crious eject Of such treat
pent; am neither farmer nor butcher;
suorcnce; have Frequently seen cows similarly con
ned but this is the rt case OF the kind exam nod by
te there were w'ndo1s in the brdins believe, but
hsv were all closed; the weather winsry, there
sIug some snow on ground; d!i not observe .
taor the premises, noticed the usual gutter N tho
Ar Of tho stalls did not any hav mound ibcre !;
a not observe whether the tails or boots Of the COWS
Dr. A. " Mood, of No. ss4 Esst raerty.fonr;h
Net was tho next witness called to the stand Hc
~ a. MS opinion thai the ecc. Of such treatment
Yuld bo highly dee'crous In encc the close chainns
6the cows round nck would pfcvcnt tie free cir
6aliou cf the blood, wolfe the want OF Ventilation
yuid prevent. a sufficient reception Of oxygen
tim the air, thereby rendering them liable to the
vtous forms Of dscasc which tend 10 liberation, end
eSntuaily ends In death; the general effect would lie
s IL q Absence &c q hs the
nj VIII not give oil Sufficient ca,bcnic acid, while,
6k be considered was one Of the essen ins of lie.
he cross examination Of the doctor was confined 10
geva principals o. ventilation and did not shake his
tetmOny- 81
southwood another witness testified 20 having
tc visited and inspected the premises in question: and
cobborzcd the previous testimony TO their crowd
cotitson and general fithy appearance He stated on
Gre examination that he did not think the sable YVES
cotecSed With the sewer Pho cattle were red with SOFT
fed ground mca or something OF the kind Ho did
n0Aoticc any smell there during bis visit
Il prosecution thcu rested the case upon which Mr..
Debit moved for the discharge Of the defendant in
faiu that the be adjourncd TO enable him to pro-
curestmony. He reiterated his previous statement,
Of rv being entire lack Of that malice shown the
pSrs Of his client which this statute contempls,es
considerable argument then took place, either counsel
cloent In the defence cf his canse, and Mr. Bergh
sedthoueh by means disinterestcd observer watch
ing ID quietly noting progress while the crowd which
nIlcAhe court frequently called order by
crr, the ocssioned BY OF tho witty
saliel made during the Argument The motion for dis.
char 1enicd, and the case adjourned until Thurs
day met st.slcvcn Al w. The OF Charles Rodgera.
20 be eanined on similar charge will also be- tried on