New-York tribune., 1873-05-29
MR. BERGH NOT IN CONTEMPT.
lcnr rn .nnrsr npIvpps LIMIrEn


Judge j. f. DAILY, in the Court of Common
Pleas has decided favor Of Mr. Bergh in suit brought
against HIM by Johnson and Others, propretors OF the
broadway and Twenty thirdst line Of stages for n
junction to prevent his Society from stopping the stages
aud arrestng the drivers except for plain and patent
viola of the rst Of the act OF 1857 Chap 49,
for the Prevention OF Cruelty to Auimas This was the
result Of Mr.. Bergs action in stopping the stages In
Broadway. without as they claimed, proper under
standing OF the law. The injunction was granted. On
April last. Mr.. Bergh again stopped stage and
rested the driver. because the horse was lame.
A veterinary surgeon. who present when the
arrest was made testified that the horse suffering
pain and limped badly, and not in a Mt condition to
work. On the other hand. 1t was shown that the horse
fit to drive the next day. and bad been driven ever
since. There was dispute as the lameness OF the
borse when the arrest made, and the stopping Of
the stage make the arrest, there being, In the
Judgment Of Mr. Bergh and other experts, grounds for
believing ofeDse 10 have been committed under the
act in question driver acquitted at the special
Sessions. the Judges having doubt AS to his guilt.
The President OF the Stage Company thereupon began
proceedings before ChiefJustice DAILY, to punish Mr.
Bergh contempt In violating the injunction. Chief
cety the matter was transferred to Judge j. F. Daly
audC F. wetmore argned the notion; Elbridee r.
Gerry and Mcneil Zeglo opposed 1t successfully
Judge DAILY having decided that Mr. Bergh was not IN
contempt He says that 1t appeared that at the time
was evidence that day he ft to work. and the
officers OF the Society being charged with enforcing the
was shown further by the fact that the driver had 10
give evidence his defense. He holds therefore, that
Mr. Bergh cannot be punished summaItly, for con
tempt. even though an action might lie against him.
FEDERAL AND OYER AND TERMINER PRACTICE
In the United States Circuit Court, yester-
day. Judge Benedict presiding just exUnted States
Attorney Courtney had closed the evidence for
the defense. and ready to submit it the jury in
the case OF John Kerwn indicted for abstractng letters
from the P0stOice, Assistant United States District
Attorney Pnrdy obtained an adjournment TIL to-day.
The ground that IL had been represented to him by De-
tectiye Gaylor the PostOce that witness for the
prosecution, supposed be in Chicago, had been dis
covered IN Brooklyn. Mr. Courtney expressed great
surprise the dscovery's being made at such time.
on Tuesday June 8, Mr.. Purdy will to have
day set the trial OF Col Blood. Victoria c. Woodruff
and Tennie C. Clan, Jointly indicted for sending OBJ
scene literature through the mail
In the United States Circuit Court before Judge
BatchfOrd the argument III the habeas corpus OF
George MacdOnne the alleged Bank OF England forger
was adjourned till next Monday at IL a.
Charles Henning the keeper OF a sailors boarding
house in Greenwichs charged with boarding the Rus
sian bark Gefon before she had been mOOred held
by Commissioner shields In $500 bail
In the Court Of oyer and Tcrminer yesterday before
Judge Davis, George Zeigler, a German bow not a.
pleaded guilty to larceny aud sent 10 the Peniten
tiary for year. WIN. Peck, q similar plea,
the State Prison for three James Rogers
for petit larceny from the person. given three years
70 the Penitentiary six months James Donnelly.
boy OF 10, tried and convicted OF picking pockets.
sent TO the HOnse OF Refuge The court then adjourned.
Mr.. Russell appeared for the Dstrict-Attorney.