The New York herald., 1867-03-15
TIE swILL MILK CASE.

ExamiuatIon az the City Hall Police Court.
Broohlyu-ConcIusion Of the Testimony for
the Defence. &c.
The case of Norris Phean indicted at the instance OF
Of the Society for the Prevention Of Cruelty to Animals
for cruely and inhumanly torurng large number Of
cows by keeping the said animals confined IN certain
stable occupied by him without proper ventilation and
In such manner as to cause disease and death among
said cattle was continued yesterday, at the City Hall
Police Cour, Brooklyn before Justice Cornell The fol-
lowing evidence taken In behalf Of the deence:-
Charles Pilgrim, sworn:-was a veterinary surgeon;
had visited the stables OF the defendant, Mr. Phean.
yesterday morning. the s,sbles might be amply venti.
lated by means or the doors and windows; there were
plenty OF openings In the stables to properly ventiiafe
them; cows needed pure air and IL was also necessary
ness examined the of Phelan they were in very
good condition and exhibited all the Indications
they were ted to the post by the neck with rope or
strap and chain attached IL the rope in some cases
animals were able to turn their head round and lick
their Sides II they chose to do the manner In which
Pnelan kept his cows not in thepopnon of witness
painful or injurious IL the ordinary manner or
Keeping them In ctes he had seen cows tied much
coser 70 the post and In more cruel manner; the ab.
sence ~ proper light and ventilation IN stable would
ne productive OF disease in the animal wheo he visited
Phelans stable the DOORS and windows were open; it
months the animal would be as comfortable as II It
running loose In lot hut did not think
would result from confinement alone. IT they had
proper air and light; had attended professionally
Pheians horses but not his cows
Mr. Connor, recaed-Remembered the condition of
the stables when Mr. Bergh visited them and also when
Mr. Pilgrim was there; the animals kept in tho
same manner on both OCCASIONS there was no difference
was there might have been coder the ventlators
Mr. Fletcher, sworn-Had frequently visited the STA
hles OF Phelau had made lately special examination
of the sabe a the request OF the defendant the st
bles OF brick two stories high, about sixty feet in
width and hundred feet deep there were five ventila-
tors in the roof there were eleven doors on the first
noor in front OF the stable and five the second story
there eleven windows the opposite
side. and six windows on the west side; the
allowed about three feet between them to lie down; that
what they were generally allowed when fed from
from the dsery; in the country stall fed cattle
allowed about four feet the stables OF defendant had
always been we'll ventilated when he visited them
far he could judge the deprivation of ventilation
light would increase the quantity of milk given;
the disease which ragged here among COWS few years
ago originated in diseased COW which was imported
from England in 1S4S; this disease peuro pneumonia
was contagious; bad never known cows to DO diseased
with that maady from confinement simply; COWS kept
in the country suffered equally from 1t as cows in
the city; the effect of feeding brewers grain
Sy cao arers was vauabs aes Of eed
Phean's got all the hay they could eat in his
door and window should be eft OPEN the ventator in
the roof always open during the last three
pleuro pneumonia had decreased about ninety per cent
the disease was dying out and was no longer so conta
gious and Infectious as before had seen stump tailed
in Mr. Pheans stables five six years ago; he be-
eved milkmen in the city did not generally vaccinate
their cows; the first indication that mkman had that
the cow was suffering from pleuro pneumonia was the
stoppage the flow of milk witness had sold defendant
disiillery grams or what commonly called swi;
the nutment in the grain was not taken out by the pro-
of fermentation, else the cows would not faen
upon It,; IL impossible to get all the sac.
charine matter out Of grain; two barrels OF
swil would feed three cows; had not sold Phean any
swi during the last three months; witness was EN-,
ployed to superintend these stables, though he had
nothing to do with the cows he collected the rent and
the money for the grain.
M De witt then read extracts from the report OF the
Massachusetts Cattle Commission OF 1852, showing
that after due investigation and inquiry they had
rived at the conclusion that pleuro-pneumona was an
infect disease, and did not originate In bad vena
lion confinement
DR. Van Ness, sworn-Lived within block Of the sta
bes occupied by Phelan the nature Of that locality
generally healthy; had never been in the stables. bn
had the once when the stab es were burned
about three years ago; from what he had
ample facilities for ventilating II properly; had
in his practice known any children TO die from
using Phelans milk; the milk from diseased cows
milk from those stables; the absence Of daylight dur ng
considerable portion Of the day would not create phys
cal disease In animal or be injurious to health; he
meant light separate from heat; moonlight was un-
healthy; reflected light always unhealthy; 1t
supposed that this in consequence OF the absence OF
heat; stables kept warm by the exclusion Of daylight
were more healthy tor cattle in winter than ,f they
had light accompanied with cold; ventilation was indie
pensabe in sickness but light shut out to ccnsd
cradle extent heat essential for animals than
light; II more important TO have the ven lator In
roof large than to place Of inercss the win
large ventiator 10 the roof, single open window
would b, sufficient that would give abundant circu
he fed her grains.
Mr. Fletcher recalled-Ihe of swill did not rot the
tosh Of cows the sw Vas poured ~ the trough & very
never became able, by use, to drink the swi nearly
boiling hot
This closed the evidence for the defence The case
was then adjourned until Saturday, at two o'clock when
the arguments Of counsel will be- heard and decision
arrived at