The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-17
Sailing TEE STREETS.
The Contest Between Bergh and the
Street Salters q Drawn Battle-Dis-
agreement OF the Jury.

! The Contest Between Bergh and the
Street Salters q Drawn Battle-Dis-
agreement OF the Jury.
Berghs legal onslaught on the six street salters
OF the Third Avenue Railroad Company was con-
tnued yesterday In the Court Of Oyer and Ter
miner, before Judge Brady. Again the court room
was thronged and the interest in the proceedings
continued until the final result-a drawn battle.
This was a singular conclusion, considering that
Bergh's brigade. supported by colossal columbiads,
fought against Quaker guns; but then the latter
had such a formidable look and the volume OF fiery
name pouring forth from their monster muZzles
was SO tremendous that the eject was demoraiz-
ing. While Mr.. Gerry fought with downright
earnestness, hts dexterous opponent Mr.. A.
Oakley Hall, with seeming gravity. which was
as irresistible as 1t was magnetic, gayly repulsed
him at every point Of attack.
The remaining testimony Tor the defence given
yesterday went simply to show the extent OF the
sailing. The testimony showed IL to have "this
extent and no MORE" reaching only the switches
and curves. Having brought the facts OF the case
down to this limited compass. and with this closed
his side OF the case Mr. Hall proceeded to sum up
lie showed apower Of expansion here strikingly
in contrast to the narrow limits within which he
had brought the case ITSELF The good uses OF salt
including the conversion OF LOTS wife into pillar
of salt, he amplihed with a wonderfully
I
force OF Illustration. He went into the
stability OF salt as shown in the bold and
intrepid character OF st. Peter, which was only a
contraction of salt Peter. He went into the poetry
of salt, as shown in It's connection with 1.-THE sad
4 displaying an amount Of erudltion that would
crown a professional chemist with the glowing
spiendor OF mperisnab.l.e renown; he now kept
/ and then he came down to plain matters Of fact,
and gave citations from the dullest imaginable
statutes. The ideal and the real were mingled in
happier or more pleasing combination. His
euogy OF the great humanitarian prosecutor far
exceeded the most glowing specimens OF tomb
stone encomiums. 1t was touching, tender, con-
siderate, grave and, II not altogether real really
SONS suAs were-and these he urged with ' eIo
quent force upon the jury-that the melting
OF snow by salt was good thing In any case, and
that no injury or nuisance had been proven In
connection with 1t. such speech, take 1t ali In
all, is only rarely heard in our courts. But 1t IS
due TO Bergh. No one but Bergh and one OF his
charges could draw out such a speech. Bergh
looked on and listened. hose Jour words OF
Webster describe him, "Grand, gloomy and pecu
Mr.. Gerry in his summing up came up to the
fun measure Of his ability and the general e *
that this was grave charge; tnat in this mat
ter Mr.. Bergh,. having the public In.
terest and general health at heart, had come
into that court solitary and single handed to
fight against q great monopoly and see whether 1t
ruin its horses by the scores and scatter broadcast
He dwelt upon the secrecy with WIN Oh they ala
I
thelr s6duittal OF the six men on trial would be
license to the railroad companies OK the city TO 90
openly what they now do secretly lie spoke
nearly an hour, and. considering the side Of Of the
subject be had TO deal with, acquitted nimseu as
Well as advocate could. 1t seemed little, though,
| IKE shooting at nies with thifty-two pounders
Judge Brady gave brief but most dlscriminat-
ing charge, He was not forensic. or learned, or
argumentatlve, because he did not choose 10 be- he
came down TO tue hard pan OF the main fact AZ
issue, which he charged was simply to decide
whether sprinklng the railroad tracks with SAT-
was nuisance.
AT two r NJ the Jury retired, at Eve O'Clock
tneY came Dack They had not agreed. The lore
man SAID they could not possibly come to an agree
menl. Tue opposing counsel looked amazed. The
Judge looked amazement There was a general
look OF amazement on the faces or all
the crowd whispered consultation took
place between the Judge aud the coun :
expressed his regret at the inability OF the Jury TO
agree, as 1t would probably involve the trouble and
expense OF new trial. lie then asked each Juror
In turn II he thought there was no possibility OF
their agreement. Each one answered, mo posi-
| bility." On further inquiry 1t turned out they
stood about one.haif tor conviction and one.nalf
for acquittal. "You are discharged said Judge
Brady. EXIT Berph.