New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-22
STILL MILK.

JUSTICE IN BROOKLYN-MR. BERGTI AFTER THE
JUDICIARY-A JUDGE TO BE INDICTED by
DISTRICT-ATTORNEY MORRlS-A LETTER
FROM MR.. BERGH.
One week ago the owners of the swill milk
stables on First North Fiftlsts, Brooklyn f. d.,
who had been admitted to bail for trial complaint
made by Mr.. Bergh came before Justice Buchly IN
Brooklyn, the day set down for the examination and
their counsel asked have the postponed as he
was not ready for trial.
Accordingly the trials were adjourned over until yes
terday morning. when Justice after the weeks de-
liberation aud coming OF authorities and precedents,
refused recognize Mr. Bergh as prosecutor Tor the
people, although he authorized by the District Attor
ney to appear in their behalf
Mr. Bergh has written the following letter to the Dis
trict Attorney who declares that he Will commence an
action at against Judge Buckly.
OFFICE OF THE AMERICAN SOCIETY PoR THEl
PREVENTION OF Skgk yi TO r ASi "a ls,o
Hon SAMUEL d. MORRIS District itorj,ey hgs County
DEAR SIR: on the 9TH OF February | made COM
plant against the followngnam persons Tor cruelty
10 animals, and combining and feeding on unwholesome
food &C. &C. large number Of cows IN asta6o situated
at First and North Ffthsts WilllamsGnrsI Mane y
Middle Camp, Peter Seymour John h. Bender, Michael
O'Hara.
issued by Justice Buckley, who thereupon demanded an
examination, and day was appointed but, on al tue
parties appearing the defendants counsel demanded an
adjournment until the 2ls Of February on which occa
present, when the Justice arrdlgned
the above persons, and demanded who appeared for
the people.
Mr. BHRGH-I am here for that purpose.
JUSTICE BUCKLY-By what authority, Sri Have you
any written dOcumentt
Mr.. BERGH-I am "A member Of the Bar, President OF a
Society which created by the Legislature 10 prevent
cruelty animals. have acted in such hereto
by permission of DistrctAtorney Morris, ana my
appearance here il sanctioned by him.
JUSTICE BUCKLY-I cannot recognize your right TO
appear, an. shall therefore dismiss the cases.
Mr. BERGH-Wl the Court please defer the disposal OF
the until go To the Office or the DstrlctAt
toruey and procure the written authority OF Mr. Morris
JUSTICE BULKLI-les
ON making report OF the foregoing to you, was I'M
medlately provided with the following paper:
OFFICE or THB DISTRICT ATTORNEY, ]
KINGS COUNTY, BROOKLYN, Feb. 81, 1870.
HENRY BERGH. eSQ-DeT Su: MIl you please be 80
kind represent the people i'll all cases where parties
are arrested the violation OF the statute against
cruelty " animals Yours, &c, s. ID. MORRIS,
Distrct-Attorney.
After procuring the foregoing letter returned With
out delay ~ Justice Bnckly's Court which .was still IN
session. read and presented the same to the Justice
who replied:
JUSTICE BUCKLEY-I still do not recognize your right
Mr. BERGH-It is by virtue of the paper which have
Just submitted
JUSTICE BucKLr-There is no public prosecutor
present.
Mr. BERGH-That authority is delegated to me, and |
claim that all intents aud purposes OF the case the
District Attorney present III person Does inc
Court dispute authority OF the submitted, and
he signature OF the District-AttOrney
JUSTICE BUCKLY-NO, Sir. But do not recognize
such authority. | shall discharge the defendants.
ThereupOn the parties were seYeray called by name
and discharged. | have the honor 10 be- your most
ODedent servant, HENRY DEkIli