The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-05-23

The Hayes Murder Cause.-The Witness
Rochester Detained as Witness.
Before Recorder Hackett.
Shortly after the opening OF the Court yesterday
Assistant District Attorney Fellows stated that
Lewis C. Rochester was arrested upon bench war
committed the House Of Detention, in default OF
$1,000 bail. His Honor grantee the NOTION ana di-
rected the case OF Michael HAYES, charged with a
murder said to have been committed 1teen years
ago, to be set down for Friday.
Mayhem.
George Leland ,leaded guilty TO the offence of
mayhem, the charge being that on the 18th OF this
month, while in a lager beer saloon In Hudson
piece out of his ear and nose. There de-
fence and The Recorder tentenced the prisoner to
the state Prison for seven years.
A Novel Case--Two Live Turtles i'm Court
AS Witnesses-An Obstinate Juror Pre-
vents an Acquisfal.
Most OF the session was occupied In the trial or
an indictment for misdemeanor preferred by Mr..
Henry Bergh the President OF the Society for tho
Prevention OF Cruelty 20 Animals against Lawrence
Green and Eugene g. Blackboard. II appeared nom
the testimony that Mr.. Blackford is an extensive
dealer IN turtles, and wished 10 make this test
case. The defendant claimed that the turtles must be
TIED and placed upon their backs when transported
TO market but Assistant District Attorney Fellows
commended that the dealers in these animals could
AND ought 70 devise more humane way OF treat.
Ing them, and expressed the hope that Mr.. Bergh
Wouu prosecute these cases until some such method
could be devised.
Mr. Bergh testified that on the 10th OF october,
1911, while passing through Beekman street, he saw
.IDe defendant Green, or employe of Mr.. Backford,
driving wagon la which there was a large.sZed
turtle lying on Its back it's head was damned against
the side or the wagon the blood oozng from its
belly the back crushed in and the bottom Of the
wagon was stained with gore The turtle was alive at
The time, although II seemed 70 be dying. The driver
asked Mr.. Bergh tc 20 to the market and see his
employer, Nj. BlaCkford who said that If he
hwanted to arrest anybody he (Mr Backford) was
the person, for Green was acting according TO his
orders. The parties and the turtle were taken TO
the station house, and subsequently the horse
wagon and turtle were conveyed 10 stable at q
distance.
sergeants Blair and Firth testified as TO the con-
dition of the turtle when brought to the station
house.
Eugene G. Blackford deposed tAat turtles are
drought 10 THIS city in vessels upon tnelr backs,
with their nlppers tied together AZ ;tls Juncture
TWO live turtles were brought into Court and placed
before the Jury which created consdera bic merrl-
ment they were put on their backs, VII ich drew
out the suggestion from the Recorder that In q
court OF justice the Law should not be Violated, and
directed that the turtles be placed on their
bellies. The nippers Of one OF the tIr-
tles were tied, which Ia the usual method
by which they are transported to this city,
ana the other turtle was left united; the back or
this one was almost broken In consequence OF liz
tns belaa loose. Mr.. gIacklo1d Dlnsuated Als evil