The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-15

He Is Not Up on Oxen, but is Down ON
OK Beaters-A Curious Trial, but the
Result Not at all Curious.
Bergh, the champion friend OF the brute creation,
Aaa some business on the 18th or January last
which took him to the Forty-second street ferry.
Bergh never goes about except with his eyes open.
On this particular day he saw what any one with
ordinary optics might have seen-two droves Of
oxen in the streets. But his keenly prying visual
organs, peerng through his gold-rimmed eye-
glasses in the special interest," they always do OF
the Society for the Prevention OF Cruelty to AMI
mails" OF which he is the honored head and 'front.'
discovered more. He saw James Dugan, drover.
beating an OK over the head and horns with q
stick. Looked at from his standpoint, President
OF the aforesaid society, that stick magnlied
itself into Brobdignagian proportions, and to his
ears sensitively acute to blows carrying supposit
ttous pain with them, those blows seemed OF that
historic class that "would fell an Ox,' although
the OK, for that matter. stood their infection with
no sign OF ALTERING in his steps. Bergn, his heart
beating for the beabored bovine, demonstrated,
but his circumstances were unheeded. Bergh,
nearly bursting with bile, arrested the defiant
dr0ver, and the latter, upon charge duly preferred
against him OF violating the statute for the pre-
trial yesterday in the Court of oyer and Terminer
Mr.. Berg6 was the first witness called ana, in
response to questions asked by his counsel, MI.
Elbrldge 7. Gerry, told the story in substance.
slough not exactly in the same terms, as given
above. He closed his story by stating that the
beating lasted some time and that he arrested the
man. The so called club, a plain and not particu-
formidable proportions, was handed up to the jury
and carefully examined: and now came the cross
Q. Can you tell the age OF an oxq A. (Adr. Bergh
looking surprised and nesitatng momenD-I
Q. Can you tell the difference between a young
OK and an old one by looking at it 7 A. lAIr.
Bergn. with great promptness)-I cannot say that
q. DO you know anything about oxeni A. nlr.
Bergh looking wise and vet amused)-I think so.
q nd you ever live in the country ? A. lMr.
bergh looking wise and yet smiling)-I did for a
Q. Do you know anything about nature marks ?
A. don't know what you mean.
9. Do you know anything about oxen
Oourt-That is very indefinite question
oxen and old ones as to witness A. suppose
there is difference as there is In men and wo-
Judge Brady-And in the legal profession.
Here everybody laughed and the Court made no
attempt to suppress the merriment.
drove A. Yes, If that can be called managing"
Q. This OK was trying to break into the other
and this man went for him with a hickory club.
@ We're there people theres A. was there.
8. There were people on the street, A. 1t is .
bag street-from North to East River.
2. Are you sure II runs from North to East
1AvCL a. (NIs DCIBA uOuu1uS duAUlyl ILL.,
COuDsel-And we all are.
Mr.. Gerry-And the question was, therefore, un-
necessary.
Q. Can you tell how many cattle were in the
drove A. could give guess.
Judge Brady-He isn't obliged TO guess.
q. Did you ever see an OK break away from
crowd
Judge Brady-Don't answer that question.
Here the defendants counsel, who had evidently
exhausted his repertoire OF questions, gave Mr..
Bergh rest. Thomas w. Hartneld, Superintend-
emit OF the society, and samuel 8. Field, OF It's
Ofncers next gave their testimony, cOrrObOratng
the story OF MI. Bergh, and then Mr. Dugan told
his story. He said that the OK trying to break
into the other herd and he struck it one blow.
On his cross-examlnation he was asked to ''show
them the way" by striking on book. which he
did, giving the book gentle tap. Counsel for the
prisoner facctiously suggested trying the expert
ment on Mr.. Gerry's head. Mr.. Gerry faced around,
and looking at the counsel, said :-"My head is
not quite thick as that OF some other persons in
the room, and think the experiment. had better
be tired on somebody elses head.n The audience
and the Court enjoyed this 'hi.r immensely.
In summing up Mr.. Gerry displayed q vast
amount OF legal erudition, citing statistics from
the Pentateuch down, but his opponent made his
citations from Es0ps fables. and this won over
jury, and they gave verdict for the defendant.
Quite o number OF other witnesses for the de.
fence testified that 1t is usual for drivers to carry
sticks; that they must carry them for sell defence
to drive back unruly oxen, and that the OK in
question was trying to rush after the other herd
and the defendant struck 1t for the purpose OF
driving 1t back, and that the blow was not a hard
one or the OK would have been Knocked down.