Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-11-24
Overlooking Street Cars.


Overlooking street Cars.
a Test Cass-Hr RjkeT. President If TIE VasSiso-
t0a and Gs0Tgst0irH Railroad C0Hiprns, on Trial
for Cruelty % AHiHaais-He Thinks One Horse
sGa DsGtr ll.2jO PoHsds Vp Steep Grad, t,ifk
EOsC-Ths Justice DJa't IAfak so anil F,ae,
HIM so end Costs.
An interesting case, involving the liability of
street railway companies for Overlooking their
ears and for the acts of their employees in NAL
treating the animals in their charge, came
before Justice Mills last evening, ON complaint
81 hT. IheOi"re r Gatehell, president OF the
Society for the Prevention OF Cruelty to AMI
mails. who charged Mr.. Riker, president of the
Washington and Georgetown railway, through
his 6mplOyGs-the conductor and driver of street
ear No G-Wlth having cruelty beaten the
horses attached 70 the ear named and with over
Eading said car, which, at the time the arrest
,. -"C,-oIl niohuaY morning last-cOHtained
IOttH seven Passe myers. The arrest was made
nnGer the provisions of the bill entitled ga bill
Tor the more efteCtual prevention of cruelty to
ANNALS" &c, passed by the Legislative As
sembIy at its first session, and which provides
that the words OEner,n '.peTsOn." and sswhO-
ever" named in the act shall be held to include
corporations as well a. individuals.
Mr.. Richard Harrington. Assistant District
Attorney. and Mr.. A. h Browne appeared in
Iehalf OF the prosecution, and Mr.. Joseph H.
Bradley, il, for the railway company.
Nj Gatchell was sworn. and detailed the facts
tn connection with the stopping of car No. 6,D in
front OF odd Fellows Hail, on 7th street on
monday last When the car was Just above ID
street. the driver struck one horse with a heavy
tiaC a whip. four times. and the other morse five
hints DOM horses then stopped, being appar-
emily unable to draw the car any further
mp the hill. Witness then mounted the front
platform and arrested the driver, at the same
time asking him 10 count the number of passen-
gers on the car. This the driver refused To do
and he (witness) counted them, and found there
were fOrty-seyen, without the conductor OF
driver The latter admitted that the horses
could not pull the car, loaded as it was up the
hill They were very much exhausted; one horse
was IN good condition, and the other was rather
thin.
Nr. Bradley here arose and argued that the act
complained OF was penal in its character, and,
as criminal charge against a corporation,
could not be tried before a Justice of tbs. peace
but must be taken to a higher court.
After argument by counsel on the question of
jurisdiction, Justice Mills stated that IL was not
IN his province 10 decide as To the validity of the
law He should, therefore, 90 on with tie case
and Mr.. Bradley might appeal.
joseph Luckett, the conductor of car No. 81,
ttsOhed a. 20 the number of passengers he car
RED at the time OF the arrest. which CORE
TOnded with the number given by MIR. GatcheIl;
M Ciders from the railway company are To carry
all the passengers he can get, regardless OF the
number OF condition of the horses.
VIM 1iSer, the driver OF car No. 60, testified
denying that he struck the horses at all. Just
before the arrest he told the conductor that he
had better not take any more PASSENGERS, a. he
Mas afraid he couldn't get up the hill with what
much load was; there i no limit 20 the num-
her of passengers; the general orders are to take
al who apply for transportation.
MI Harrington asked the conductor how many
pass myers he usually carried, and he replied,
all the way from - to %. He 1.-THE condnctorl
had seen cart horse haul 2 100 pounds of coal
up 9Th street. ton il ordinary load.
VIM Gessiord, lad employed a. a messenger
M the Republican Office. who was on the front
Platform OF the car when the driver was arrest
ed, swOre that he did not see the driver strike
The horse.
Mr.. Riker, president Of the Washington and
Georgetown Railroad Company was sworn He
testified as To the number usually carried every
Gip- MI Bradley said il had been stated that
mere were u persons (ayeraging 40 pounds
eaeh) on the car at the time, which would make
q total weight OF 7,OJO pounds; or, with the
weight of the ear, (i,4a pounds) of II $50
pounds, He askedithe witness If he considered
that a heavy load. Mr.. Riker replied that he
did not; that, in his opinion, one horse would
pull such load up eth street with ease. I'm New
York be had rode in street cars which Frequently
sarrld 80 or 20 passengers.
barOus."
AT the conclusion of Mr.. Riker's testimony,
the material part of which is given above, Mr.
Browne said il seemed to him 4 very clear case
HE witnesses for the defence had corroborated
IN almost every particular the statements OF Mr.
GatcheI. The law in regard TO cruelty to ami
mails is explicit in its terms; il was intended to
be 80, in order TO reach Just such cases as this.
Mr.. Bradley contended that the charge against
his client was not for Overlooking a street car
but for cruelty beating the horses attached To IN
DIS charge had not been sustained by the evil
deLee, and he therefore, expected a verdict of
acquittal.
Dir. Harrington closed for the defence. He
insisted that overlooking WAS a part of the
charge, as shown by the terms OF the warrant
The allegations of the prosecuting witness had
been fully proven, and no man of common sense
would dare TO deny that IL 900 rounds or i've
TONS and half. is too heavy a load for two poor
horses, especially when the pavements are wet
and slippery. The application of the lash al
such time l. a horrible aggravatiOn Of the cru
city Of overlooking, and should subject there
STonSibie party 10 severe punishment. The
drivers and conductors ought not to be held re-
SpOnslble for overlooking their cars, for the
reason that the company orders them to take
every passenger they can get, no matter what
The condition Of their horses. The COMPANY il
alone responsible, and should therefore he made
20 suffer.
The Court briefly reviewed the evidence and
concluded that the charge had been fully SUI
tanned The defendant would therefore be fined
80 and costs.
Mr. Bradley gave notice OF appeal.