The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-25
BERGH AND THE DOGS.

Examination OF Captain Marri0tt's
Case-Conniet OF Testimony Between
the Police and tho Officers 81 MT.
Bergh's Society. ef
The case OF Captain Marriott, the poundmaster,
who was arrested on Saturday night at the in
stance Of Mr.. Henry Bergh, came up for examine
ton yesterday at the Jefferson Market Court. The
charge against Captain Marriott was violation Of
the law for the prevention Of cruelty to animals
on June 10, 1874. when ninety dogs were put In the
tank and asphy xiated.
Mr.. Bergh himself appeared for the prosecution,
and placed OF his onicers. Mr.. Fields, on the
stand. Mr.. Fields testified that he was present
on the day mentioned, saw the, dogs put in and
considered that it took half an hour to get them
Gil In; that they were piled in one on top Of the
other. P 3a34n
"How high y, asked Mr.. Bergh. $50
about dog and half nigh," he answered.
He further said that he saw the gas, which was
carbonic acid gas. turned on from two different
retorts. The gas was on orty-eight minutes. For
the first eleven minutes he could hear the dogs
bowling very plainly. and twas an hour before all
signs OF lite had disappeared. They were In the
tank one hour and SIX minutes before they were
taken ont.
Mr.. Bergh-Dld any gas escape from the tank
during this timer #f H4M
"Either gas or air escaped from either side Of
the tank"
Mr.. Bergh-wnat are the dimensions Of this
tankp ..'-..'.I
'TweWe feet inches long, 8 feet inches wide
and feet inches high.n a.
Mr.. Bergh-According to my calculation, then,
the tank can contain ZIG cubic feet Of gas and Mr.
Marriott has informed me that he furnished only
$50 feet. n v<f.tt n. @n
Counsellor McCleliand-But you forge. about the
ninety dogs. They certainly occupy some space.
superintendent fairfield was tho next witness
He was present on the 10th Of June and noticed
that the tanK vas LEAKING ana much much Is twelve
dogs no owing. He had seen dogs killed in twenty
seconds by means OF prussic acid.
Captain Marriott called Captain Charles Mcdonnell
or the Twentieth Precinct. as
variance with that Of Mr.. Bergns officers in regard
to the bowling or the dogs he said he was present
pnt MS tnres s% tines 70
AFTER the gas was turned on and everything was
IN the ws he door was
ana the dogs were not piled on each other There
was plenty OF room for them, nearly all being small
p ponnsas. ''n'poun' 00s'' ''o'n 'nA' '"sn"
Mr. Berg as you sure you did not hear any
Captain McDonnell-Yes, Mr.. Bergh, am sure;
and Ideiy any man on this earth 70 distinguish
from it, on account oi the barKing and nowiin9
and yeping Of the 300 dogs that were outside.
Air. Bergh Fsther angrJ)-Are you police
Captain McDonuell--Yes, sir. sa
Mr.. Bergh-DO you know 1t is your duty to do
iawY Here Mr.. Bergn read the section In refer
ence to the assistance OF the policel .ft
Captain McDonneil-Yes. sir; and always try
Mr.; Bereh. Have you ever made an arrest for
, Captain MISUNDERSTANDING OF the kind has ever
como under my observation or would certainly
have done so, Mr.. Bergh. ara
Mr.. L. Richardson was called. He said he was a
reporter on the tribune and was present on the
occasion mentioned MI Richardson cOrroborated
se o the
Twentieth precinct were then examined. Their
testimony was substantially the same as Captain
McDonnels, and, Notwithstanding Mr.. .Bergh's
severe cross-exanination, they were positive as to
not having heard the dogs howl. nor did they see
them piled one on top OF the other. IL
Oncer Haggerty, In response TO q question from
the counsel said-''I listened at both ends or the
were put IN, and sung out to one Of Mr.. Bereh's
men, don't hear any noise and he said, don't
Counsellor McCleliand then called Captain Mar
riOtt The Captain stated that he was familiar
with dogs for twenty or thirty years; that he re-
ceived hts appointment as captain OF the pound
from the Mayor, and disposed OF the dogs sent
there according to Instructions received from
Alderman Morris and Inspector Waling.
Mr. Bergh--What Is your business?
Captain Marriott am an arinorer.
Mr.. Bergh--Were you ever In the dog lighting
Captain Marriott was, sir.
Mr.. Bergh-How ongS sR t
have been fighting dogs
Mr.. Bergh kept plying the witness with ques
tons In regard TO the length OF time ne was thus
any further. atiu Hs..ar Fn4 e
Mr.. Murray. who supplies the carbonic acid gas
was put upon the stand by Mr.. Bergh and exam
ined a. to the quantity Of Ras he put into tho
tank, It's quality and how 1t was made. His
answers showed q thorough acquaintance with MS
business. Counsellor McCelland ana Mr. Bergn
then summed up, and, after having listened to
both gentlemen Tor over half an hour, His Honor
said he would reserve hts decision. @fA Ns
THE DEATH ROLL.