The New York herald., 1874-04-24
coUGT Or SPECIAL SESSIONS.

BOisterous Dergh-The Dignity OF tho
President Of tho 6ociety for the Preven-
tion OF Cruelty To Animals Onended-
scene In Court.
Before Judges Morgan. Murray and Kilbreth.
Mr.. Bergh, the President OF the Society for the
Prevention OF Cruelty to Animals, monopozed the
attention OF this Court yesterday for over hour
with another OF hts peculiar cases. The particu-
lars OF which are a. follows:-On the 21st OF this
month John Phyning, VINO drives for Mr.. Leander
Stone, was arrested at the entrance 20 Hamilton
Park by Mr.. Bergh's chief OF stan, Alonzo @
Evans. Phyning was arraigned at the bar OF
the Special Sessions yesterday and Evans tes .ffed
that on the day above mentioned ne was In Third
avenue, near Slxtysixth street, when he saw three
men trying to force q horse to drag load OF lum.
ber up hill One or them was whipping the horse
across the foreleg5, another across the leg and
Phyning was kicking him In the belly, and the
Witnesses were then called by Mr.. Stewart who
said they were but ten feet rom the alleged beat
Frederick Oassell testined that he was present
ana saw the whole affair. The horse was baky
and refused Ito to pull mp the HUI. and two Of the
wheels; he tCassel) ha0 brought out small dog
whip and snapped II around the h0rse's legs
Counsel-Did you see the prisoner kick the
horse
Cassell-No;. all he did was to slap the horse
with his open hand.
Mr.. Bergh-You say you used whip on this
cassell-As to the whip, Your Honor, it was
saw the man arrested; it looxed so absurd. -
Mr.. Bergh very impresslvely) )-You don't recog.
CasseIl-ies do; / think gooa deal OF horse;
perhaps as much a. any one else.
The two laborers. Charles Repp and Valentine
Hawk, were called and corrobOrated the testl-
mony OF the first witness In nearly every par
ticuIar.
John Phyning the prisoner, was then sworn.
HE. denied beating the morse at ails he said
horse was balky and he tried to coax him along,
and slapped him nve or six times under the belly
Mr. Stewart-It was the slapping Of his hand
against the horse that produced the sound Of
describes, (Nr. stewart lIiustrated by sIapping
hts own hand against the desk.)
Mr.. Bergh-Your Honors would ike to explain
70 you the anatomy OF the horse; tine part struck
by TINS prisoner il perhaps the most vital; 1t Is
very near the region OF the heart; am sorry tnat
the Court. rom all appearance, was evidently
well satisfied that the learned equine expounder
Mr. stewart-Your Honors, now ask for the dis
charge Of the prisoner on the evidence adduced.
Furthermore, ne has been IN the employ OF Mr..
Leander Stone Tor over TWO years, who has always
found him trustworthy, capable and careful and Is
here ready to testify to his character.
MI. Stone, very mild, amiabe looking gentle
man, STOOD up and was coming forward, when the
Court sald Counsel we concede all that as to
Mr.. Bergh then made another elaborate appeal
for justice and the rights OF animals.
The court, alter waiting with wonderful pa
thence for the end 81 the speech. decided upon
Mr.. stewart gave notice of his intention to ap-
on msse q see Sn be-
he said, had rignts as well as horses, and he
thought It high time that these unwarrantable.
arbitrary and absurd arrests on the part or the
officers OF the Society for the Prevention 0 Cruelty
to Animals which had already created o great
ssoud u be Te ne was as Sen psd
protest.