The New York herald., 1868-05-17

AMERICAN SOCIETY FOR THE PREVENTION 0E3
CRUELTY TO ANIMALS,
OFFICE 500 BROADWAY,
NEW YORK, April 13, 1858.
Justice CONNOLLY:-
slR-Saturday evening man named James Della
ney was arrested and taken before you at court for
violating the fifth section of the law OF 1857, for the
prevention OF cruelty to animals. This man had o
goat crammed into BARREL its feet tightly bound by
cords, and the owner was carrying 1t, among other
These facts to, and yet you dismissed the
case under what seems to me a most extraordinary
s to to ae for mon a6s
Now, sir, we supposed to be living in land Of
law and neither magistrate nor any other citizen
has night to disregard that supreme authority IL
is quite evident to me that you are determined
not to enforce the laws In favor OF mercy
to dumb animals, and would therefore earnestly
entreat Of you to state this publicly and whenever
such cases come before you that you will refer them
to another magistrate. 1t is simply folly to brlng
them for your consideration have no knowledge
of any one ever yet having been entertained by you.
intend to Discharge @ my duty faithfully and Inre-
assigned to me- and it is as Well that the fact be
recognized that the work undertaken by the society
men and women, and when the laws are denied tneir
operation, by no matter whom, It Is done with fun
low. Yours, &C. HENRY BERGH, President.
JUSTICE TO PHILANTHROPY.
POLICE COURT, FOURTH DISTRrCT,(
NEW YORK, May 1S, 1885, !
SIR-The extraordinary Illumination you addressed
to me on the 18th u was received in due course but
subjects Of greater importance have since claimed
nay attention, and as reply to one OF the instnua
tiOns 1t conveys involved the necessity OF q retro
specton Of my ofical minutes for some years past,
have hitherto neglected to notice 1t.
The inslnuation to which allude Is made in the
covert and oOwardly assertion that you have
knowledge that any complaint for cruelty to animals
has been entertained by me- when such a know
memory, was at least easily accessible to you.
Since the organization Of the society yon represent
legged "cruelty to animals" have been brought to my
notice. 0f that number eighteen were held 70
the Court OF Special Sessions Ave to the Court Of
General Sessions, two were committed to prison 70
await trial in default OF bail and In two cases, the
offence being OF trivial character, the prisoners
were summarily convicted and fined i've dollars each.
or the remaining thirteen cases eight dismissed
for want OF any evidence whatever, for the
that the charge was too utterly frivolous to be enter
tanned; for example the case Of the old lady who
had boy arrested because his dog had worried her
cat. The remaining four cases were dismissed after
full and careful examination OF their merits; and
yonrse course against tntee Citizens Of the rst respectS
biity and Of elevated moral as well as mate
rial worth. This complaint you followed up
point where the Assistant District Attorney, whose
aid you had obtained, was impelled by his sense Of
the charge. The only remaining case Is the ono
which forms the ostensibe pretext for the ebuiti0n
unpleasant duty Of replying; and that case disposed
Of in one OF the modes specifically prescribed by law
ssee Laws N n Y, 1888 chap II, , sec g. Your
rantly, at variance with the testimony. The ex-
tremey forcble II not elegant language in which
you assert that "this man had goat crammed into.
barrel, It's feet tightly bound by Cords" &C.. Is
warranted by the real evidence which was to the
effect that q kid mot goat was placed In barrel
sufficiently confined to restrain its agile
limbs from bounding away in obedience 70.
within the receptacle provided for its comfort ana
safely the unwitting object OF sympathetic grief
ture could DESIRE Indeed the only cruelty apparent
that OF compulsivey subordinating the propen-
stiles OF the brute to the Will OF man.
Since the receipt OF your last missive have had
the temerty to dismiss two more complaints for so
called cruelty to animals" IN one OF those instances
ri1ed by the popular apprehension OF future suffer-
ing from hydrophobia by his offspring than by tho
fear OF immediate punishment to himself from tho
rabies Of benevolence mad the father OF the child
with the consent Of the owner OF the dog, put the
ferocious beast to death In the most expeditions
and mercifu manner possible, by knocking IL IN
the head with an axe. The man was. OF course,
Immediately arrested for "cruelty to animals.n IN
the other instance a man was arrested for en-
couraging his dog to fight another dog; but the evi
dence showed that the prisoner had only endeavored
to separate the belligerent animals, and thar tho
accusation emanated from a long standing grudge
held by the complainant against the defendant.
before me, shall "refer them to some other mags-
trate though made with such exquisite nd,uete ana
80 reirGerent an sndaety am am compelled to ses;ss
myself, setray my constituents shirk my responsi-
bilities abandon my trust and perlure my soul even
At the behest OF the exalted individual whom have
now the honor to address.
few words In reference to the correlative situa-
tons in which we are placed, and have done. You,
as the sefapponted representative OF benefcent
organization entitled to the cooperation Of the
ministers OF the law and Of every good citizen In car
ryng out the legitimate objects Of your society. Ny
best endeavors oftlcally and personally have been
ever at your service. Though you have heretofore
furtively ntmated that my course has been In
fiuenced py aiiiistion with 'sporting men," have
but 10 point, for Its refutation 10 the record OF my
life. have never countenanced by my presence one
Of those brutal scenes where men or beasts or Drds
were combatants: nor have ever seen the interior
OF gaming house except IN my official capacity ana
for the suppression OF crime.
have, at times submitted % some acts OF oinclous
interference by you which proper een-re-
spect and regard for the position i occupy
would have prompted me TO rebuke had not
deemed some allowance due TO the eccentrictes OF
| a well meaning man whose modicum OF int9lect ID
| absorbed by one predominating Idea. But II such
indulgence has led you to suppose that am to DO
controlled in the performance OF the duties Of my Of
nce by any other power than the requirements Of tho
law the light OF my reason and the dictates OF my
| conscience, YOU are most gravely mistaken. To me
is delegated, by the choice Of the people, the solemn
| dnty OF administering the law lin its incpent
phases and In inferior capacity IL is true and
| icng as magisteria functions are vested In my
| hands so long will continue 10 hear and determine
/ each and every cause that may be brought before
me according 10 the evidence" and precisely as
the embodiment OF all the Christian virtues In the
person Of Mr.. Henry Bergh had never q corporeai
| existence. Yours, &C.,
MICHAEL CONNOLLY, Police Justice.
| potrcr RECORD pop THE wrrw Thu follovtng