The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-09-20
COURT CF SPECIAL SESSIONS.
Humanity Versus Horsenesh-A Warning to
the Street Railroad Omcials-Bersh viii
Defend Travellers Against Sun0cation.

Humanity Versus HOrsenesh-A Warning to
the Street Railroad Omcials-Bergh viii
Defend Travellers Against sunocation.
Before Judge Bowling.
The question Of overcrowding the street railroad
cars has frequently been discussed but practical
results have ever been arrived at to prevent the city
railroad corporations from carrying more than three
times the legitimate number Of passengers in their
cars much to their own profit. but greatly to the
disgust Of the general public. About two weeks
ago the 1ndOmitabe Bergn, Chief Of the society for
the Prevention Of Cruelty to Animals, saw car be-
longing 70 the FOry-second street and CrOsst0wn
line loaded almost to sutfOcatiOn, and IN addition
to the load he saw that the horses were lame. The
latter fact at once called for his services as an off,
Ger OF the society, and he had the car stopped
for the purpose Of releasing the animals. The
crowd stepped Oil the car and Mr.. Bergh
counted the passengers, ascertainlng their num-
Der to be seventy-hve. This struck the
humane Bergn as being mOnstrOus, not SO much
against the horsefesh as against humanity, and he
Immediately arrested the conductor and driver
Thomas Boyle and Peter Mclaughlin.
Generally Mr.. Bergh's arrests are Of minor I'M
portance anu the proceedings in the courts unwor.
thy OF much public comment; but In this case he
maintained that II involved O prlncpe as to
whether human beings should be subjected to treat
ment such as men would scarcely innlct on horses,
without the offence being visited with condign pun
ishment he maintained that to pack
sEvENTY-FIyE PERSONS ON A CAR
made to carry about thirty at the outside was o
gross violation OF every social and humane Law.
The two prisoners were taken before the Court Of
Special Sessions last week, but as the Court wished
to exactly the bearing Of the law upon the
case they were reInanded until yesterday, so that
proper investigation might be Instituted and judy
ment rendered according 70 the statute.
hn Non nf GVnni nln In
before the proceedings commenced by conductors
and Otner railroad oicias, who evinced lively In
Wnen the case was called Boyle only answered,
the other defendant being sIck-at least according
to counsel engaged to defend him-and on this
motion 10 adjourn the case was made and promptly
denied.
Judge DowLNa-It would be useless 10 prolong
case OF THIS SORT involving, as II does so much that
OF general interes. to the travelling public, and
therefore proceed to state my decision in the mat
ter
JUDGE DOwLING's JUDGMENT
The defendants have been convicted for violating
o most humane law. 1t Is true as has been urged
IN their bchal tnat the law does not restrict them
as to the numDer OF passengers to be conveyed IN
single car anu as lar as the Court Is informed, the
from the superintendents others having the man.
agement and control OF the city railroads. But this
latiOn OF law. Their own sense OF what was JUS
and proper and the common feelings OF humanity
most assuredly would have taught them that CON-
pelhng pair OF horses TO draw car containing
over seventy passengers was
MOST UNNECESSARY ACT OF CRUELTY.
or oil animals the horse Is most useful To man, and
wnen men SO far forget themselves as to abuse or
ll-treat them they deserve and should be severely
punished. 1t would be well, II possible, II those
having the management or the city railroads could
regulate the number OF passengers to be carried in
each car, that the conductors and drivers might
act UNDERSTANDINGS, and II orders were then dis
Obeyed they would have no excuse.
> The question OF punishment In these cases Is one
surrounded with embarrassment to the Court. the
conductors and drivers are usually poor men,
almost entirely dependent on their situations iof
the support OF their families, and In nowise inter.
esed In the amount returned 10 their employers rs
the result OF each trip. TO inf1ict punishment
penalty upon them would, 1t seems to Inc, be
great injustice and hardship. But IT, In any case,
Il ne shown the Court that these acts of the
conductors and drivers are
SANCTIONED OR AUTHORIZED BY THE OFFICERS
OF the railroad companies Or II any OF these officers
arc shown to be upon the cars, cOuntenancing q
violation OF the law the Court will visit upon them
the severest penalty prescribed for such offence.
Under the circumstances OF this case, believing That
the defendants did not act wiliully and malicOusy
but heedlessly and without due thought or consid-
Grafton, have concluded not to punish them at
this time, but TO discharge them with the caution
that il again brought for like offence they must
expect no mercy.
judgment Of the Court suspended.