The New York herald., 1870-03-19
CRUELTY TO BERGH.
Tho Sunday Courier Libel suit-A Fanfaronade
Of Ridiosle and Rubbish Against tho Hu-
manitarians-The Thin and Tall Thin
Skinned Mantle Herald ~
an Authority on Libel.

mE. JutuCs La SIuitu uuu q. Vs VUuC, cubOIb VI
the New York Courier, appeared before Judge Dow
ling yesterday to answer the summons Issued upon
the afidavlt OF Mr.. Henry Bereh, President OF the
Society for the Prevention OF Cruelty to Animals,
which alleged that an article that appeared IN the
Courier OF Sunday last, under the heading OF "Th<
Hum0rs OF the Town." was wickedly and mlschie-
vousy llbeous and calculated to bring Mr.. Bergh
INTO ridicule.
The defendants pleaded not guilty. They were re-
presented by Mr.. Henry Bishop as counsel.
An objection was taken that the defendants were
not sufficiently identified as the publishers OF the
libel, but It was overruled by Judge Bowling, VINO
said that they had answered to the warrant and
that was prtla Iacie evidence that they W ere the
defendants. Alter considerable fencing with the
questions put BY Mr. Bergh as to this identity,
assistant commissioner OF jurors but that the name
spencer W. cone printed Is the imprint OF the
editors was '.the way he speiC hts NAME"
Mr.. Cone was then examined by his counsel, and
he uisav0wed any intention TO cast rIdcuie on Mr..
Bergh, whose endeavors mitigate the sufrerlngs
OF dumb animals ne thoroughly appreciated; he
denied taat the article was loeilous; contained
familiar enough TO the readers OF city newspapers,
and was knd OF criticism that was current
enough IN newspaper literature, and TO which Gil
public men were more or less sube cted; they were
quite willing to insert m the next issue OF the
Courier as lofty panegyric as Mr.. Bergh could
uesire.
Judge Dowlng-T would suggest that the Courier
do that or something else Dy way OF atonement.
Both parties might agree upon sufficient apology
perhaps.
Mr. Bergh-I should dislike the panegyrlc as much
as the libel That Is not what want. Ii were like
some men should have sought redress In more
speedy way; had been OF belligerent character
should have taken vengeance upon these lloellers
very summariy. This article IS gross libel, and
very unfairly critclses me and my work. Even the
proportions OF my body held up to ridicule MR.
nereh then read the following personal references
In the artcle:-
nose" ~ ~
thin and by inference am charged with drunken
ness for II Is said that my nose s very red Is not
my fault tnas am tai ana cannot nelp being tnn;
as handsome a. other gentlemen, or been In the
happy possession OF the goodly proportions your
Honor has the good fortune to possess Then follow
extracts from an alleged note book of mine, In
which the most Infamous language 70 attributed to
p s 10
black ana tan Bitea sRyut To litter Visited Central
PARK geological COLLECTION. Left mixture for piles
good FUN III Se SeeSdans but It was run IN shs
same way as that which was spoken Of In the cele.
Era'ed a. ia9e pie 81 o. ',hs boy and the frogs"
at the frogs, but It was not fun for the
frogs. There was another extract which was
towards ridicule and which, II your Honor will per-
nit me, VIII read:-"FrIday, March 1I.--Had long
and earnest talk with Mr. Gould who keeps'a res
taurant Nassau street, the Post ONCE about
green turtle lying on his back in the sun. Mr.
Gould promised to have waiter hold parasOl over
the SAD turtle till the got out Of range; also to
raise his head three inches higher with q brick
wrapped In nannel." Now, have, ss your Honor
Knows spent long life in this city, ana have es-
tabshed character that Ia bey0nQ the reach OF the
caiumnies OF the defendants. Tney cannot ridcule
me, and care as little for that as do for last years
clouds; but IT II the cause TO which have dedicated
my lie that Will suffer from this rtdicule ana when
that cause Is injured am injured. l could have
brought here dozens Of connseiors who offered their
services but / trusted the loahQ
efforts, certain that It would be heard before Judge
OF great perception OF character ana love OF justice
who would fully supply any shortcomings on my
fasehood; they say that live In q brown stone
house. That lS not So Mr. Bergh concluded by q
further reference to the great cause with which he
was Identified, ana during the delivery Of MS ad-
dress his voice was very frequently broken with
emotion.
Mr. Bishop replied aud urged that this article
was not likely 10 bring Mr.. Bergh into ridlcule.
In proof OF this he read an article from the
.Bergn Too Tnin- Skinned" now, the herald was
distinguished for its independence and for the great
extent OF Its circulation, and might be and was re-
garded as the representative OF public opinion. He
ence to the remarks made BY Mr.. Bergh as to the
fairness OF Judge bowling he said, "Mr. Bergh was
not always OF tn2t opinion" In proof OF TINS he
read extracts rom the last OF the $50
which MIR. Bergh spoke rather severely OF Judge
D0wing's recent decisions.
Mr. Bergh, IN reply 10 this, stated that representa-
tions had been made TO Judge Bowling which leo to
more disposed TO do justice TO himself and oil Others
than the Judge whom he had the honor to address.
Mr.. Bergh lntimated also that there might be mode
Of settlement which would meet an his require
ments.
The Judge adjourned his decision in order to afIord
that opportunity.