The New York herald., 1872-11-05
BERGH's BoTHERATIoNs.

Application for an Injunction Against
Him by Several OF the City stage Conn
panies-They Charge That His Arrests
are Arbitrary and Unwarranted by
Law-Procecdings in the Court Of Conn
mon Pleas-Case Still On.
| Application was made yesterday before Judge
Joseph +. Daily, holding Special Term OF the Court
OF Common Pleas on behalf OF the owners Of the
Broadway and Fourteenth street. Broadway and
Madison avenue Broadway and Fourth avenue
and Broadway and Twenty-third street lines OF
omnibuses for an injunction against Henry Bergh,
President Of the Society for the Prevention OF
Cruelty to Animals, to restrain him from further
arresting their drivers, taking horses from their
omnibuses or In any way interfering with their
business.
|. THE COMPLAINTS
These are most minutcly ana voluminously drawn
up, and the specifications In each nearly Identical.
1t being conceded that the alega t0ns In each are
about the same and the answers OF similar charac-
ter, the papers-this being brought forward as the
test casc-were only read in the OF the Broad
way and Fourteenth street line. This complaint
sets forth, In the first place, that neither the
original act under which the society was organ
agents the power to arrest at will their drivers, as
1t Is alleged they have been In the habit OF doing.
second ground OF complaint Is compelling
refunding OF fares to passengers consequent
npon the arrest OF q driver and removal
OF horse or horses from an omnibus be-
through his alleged arbitrary interference with
their business, they have sustained at the least
calculation $25,000 Backing up the complaint were
COMPENSATORY AFFIDAvITs.
The frst affidavit read was that OF Mr.. Augustus
Ives, the President Of the company, , position, as
past fourteen years. He says that they employ
only the most careful drivers and that the best
states that they have mon on the route looking
after the horses that they have skilled veterinary
surgeons to look after their horses; that not one Is
! hitched to an omnibus in an unit condition to
work. and that no horse Is driven over i've hours
aeaed 70 have been on the par Of either
Bergh or his agents, who have frequently Kept
their horses exposed ior hours n the heat and sun
| he says, Is o carpenter and knows nothing about
horses except the little he has picked up during
the three months OF his connection with this So
cety. Another strong point in his affidavit Is that
there has not been single conviction oil any OF the
The affidavit OF William Stevens was next read.
| He Is an "od stager" being over thirty years en-
poyed IN the business IN thus city the past SIX qs
states that the drivers do not select the horses, but
drive such as are given them aud therefore should
them. He gives story OF his own arrest last
Summer, when he was driving his team back to the
| another omnibus. He turned the horses back on
account of one being sunstruck; but, though he
locked up ali night ID station on house without the
knowledge and to the great alarm OF his wife and
eight children, living In Williamsburg. The COM
plant was that he was driving "a lame, old, worn
out horse" The magistrate, however, promptly
discharged him. He was sick himself at the time,
and the result was that he was unable for several
days to work.
The afadavit OF Mr. Donohue the superintendent,
was also read. This was merely cOrrObOrative OF
| the statements OF the President OF the company.
MR.. DERGH's ANSWER.
| In his answer he made distinct and positive
denial or all the allegations complained, except as
to tine organization OF the society and his being the
President. 1t alleges that he has been instgated
| by no Ill will against the company; that no arrests
were made without sufficient grounds; that he had
no fear or hope OF reward; that he had no pecu-
mary interest In the society the fines imposed;
] what he did he was only controlled by the most
| humane interests. He took the opportunity af-
fOrded him frOm the windows OF the society rooms
to see the condition Of omnibus horses that In the
last SIX years he had carefully studied the nature
and physical requirements OF horses; that his
agents were selected on account OF their familiarity
with the subject and denied that they had ever
compelled refunding OF fares but said this was the
work OF the passengers. AS to non-convctiOns II
arrested, he declared that their release was in
nearly oil cases, owing to his solicitation In their
behalf
Following Mr.. Bergh's answer was an afndavlt
OF Mr.. McCarty, present superintendent Of the
that the men stationed along the omnibus routes
to look as claimed, alter the horses, were "sp0t-
tersn ~ who were looking to that the drivers did
not knock down in fares and giving moments
thought to the poor horses
THE LAWYERS TALK.
When the reading OF the papers was finished the
lawyers began their talking which lasted several
hours, and then was not finished. The argument
will be finished Tomorrow TO which time the Court
adjourned.