The New York herald., 1874-09-09
COURT OF SPECIAL SESSIONS.
A Twc.Mfnute Horse-Mr. Bergh De-
feated.


feated.
Before Judges OtterbOurg, Flammer and Smith.
MI Bergh, who has not been in court for some
time, appeared at the bar yesterday to prosecute
two cases OF cruelty to animals. The first COM
plant was that OF Robert Herne against John
Dugan, in which the charge was reckless driving.
Herne who Is negro, swore that he was
going up the Sixth avenue railroad track, and
Dugan, who was coming down the same side at q
furious rate into and disabled his horse.
Herne, IN answer to a question from Counsellor
Hummell. said that Dugan was driving at the rate
OF two minutes and naf to the mile. but when
the Court laughed he corrected himself, and said
II was TWO minute gait. on motion OF counsel
action, ii any, should have been a civil one and
not one for cruelty TO animals, and also on the
around o the lncredibihty OF the complanants
testimony.
Judge Otterbourg ON Rewa rtls for Doing
Duty.
This case having been decided against Mr.. Bergh
he seemed little nettled, and determined TO make
the next stronger case. Kelly's complaint
against Leary next called, and before the com.
plainant, who is an officer OF Mr. Bergh's society,
had taken the stand the worthy presi-
dent began to eXpatia te about the awful atroclty
OF the crime with which Lesry was charged.
The Court called him TO order, and Kelly took the
Stand, Judge Smith conducting the examination.
Alter Kelly had swore that Leary was arrested
by him for driving an overloaded team OF mules up
steep grade, Judge Otteroourg, who had been
dence asked
'.Mr Kelly how much money do you receive as
wages from the society by which you are en-
poyed?"
.'slxty dollars month. sir,n
lis 1t not 1act,n continued the Judge, "that
you receive 81 extra for every man you convict Of
cruety TO animalsY'
Eyes, SIR" said the witness; "and SO do all the
other officers OF the Society.
The Court was rather astOnshed at this tnforma-
ton, and consultation as To the disposition OF the
case had begun when Mr.. Bergn rose anu said he
would Ike TO explain about the 81 premium. 1t
was gwen, he said, TO preserve the morale OF the
men and had been found to work very well. as iI
promoted efficiency IN the force Judge Otter.
Dourg had an opinion different from Mr.. Bergn.
He Thought che 81 premium had the enect OF max
them to arrest men on the nimsiest kind OF
charges, ana then seek while in rhe witness BOX,
10 secure CONVICTIONS not so much on account OF
any good that will be done to the community
the equine race, but rather on account
OF the prospective So which Will be
added to their miserable plttance at the
end OF the month. The Judge became
warm and expressed himself on the policy OF CIV
Ing prizes TO men VINO were hired to do a certain
enough to insure his doing his duty. The fact OF
O1erng prize for efficiency displayed conscious
ness ol weakness on the part OF the society. IL SAL
AIRY snclent TO Justify man In being efficient we're
offered there would be no use OF Offering 81 Tor
! every convection. lOr then good men could be en-
! ployed wao would do their duty honestly. In dis
posing OF the case, Judge Otterbourg sa1d :"fhere
Is testimony OF the guilt OF the prisoner but
offered by the O11cer, and as the accused empnati-
caliy denies the charge, DOUBT has peen raised
III tle mind OF the Court, and the discharge the
prisoner Is the result OF that DOUBT"