The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-13

enough. and that is The language Of the statute
cOrxrs QrAslEn
Judge Armstrong, after consuming with his col
leagues SAID that was The opinion OF the Court hat
under the rs second. third and fourth counts there
prosecution Of the case, but that under inc
as Ss.a sssss % SeI .Sn,.6 wsiS ,,r ,ss
the ufy acqut the FIRST tour counts ana only
tnko cognizauce Of She facts coming within the pur'
view Of the duh count.
THE DEFENCE
Sir. Covert opened the FOR the Defence and
after some rhetorical! Aourishes OF introductory
character proceeded pay respects to Mr.. Bergh
and the New YORK HERALD. He said:-
'Mr Bergh, who IL n hts way benevolent gente-
man. has evidently effected IN arrangement with the
NEW YoRE HERALD. That great journal despatched
It's reporters here TO Queens county Tor the pur
pose OF making an investigation and writing up me
results o! the same You have seen one OF It's repre-
septativcs on the witness stand, and ! am irnnk
to say thai he is representative as well Of YOUNG
he haa 20. and was getting ana aoubtiess though, be
had fallen Oh big bonanza The TurKo Russian war
was growing dun, the temperance question was no.
IN ns decline, politics were too mixed or
general reading and SO the correspondent came over
here 10 lind fresh held Of battls among inc COWS;
He went &c Blissvo and dishcd Up breakfast OF
horrors. M Bergh's kindly eye and hcari
to erec, Junction with the NKw YonS HERALD,
the New York Board OF Health ard the society !or ne
and sat IN SOLEMN conclave Perhaps you
have seen company o. old ad,es ' sssnoDeS
Of AZ immense amount Of investigation
right rhon ana there. This male old tea party did
member his ,cstimony--iollowing in the wake OF Mr.
Bereh, looked at the cows, and every sentiment OF
breast Of my bcnignart friend Everything IN
his judgment was IN bad condition. But, gentlemen
o. the jury, when Dr. Jayne gets ON The witness stand
or the condition OF the cows. When questioned In ref
erence To The doors aud Windows the nay loft for tho
reception OF hay and how much air was ad-
United In tho building, he was unable 10 throw
single ray OF light upon the subject. But this
mass OF testimony has been thrown out by the
ruling Of tho Court aud tho question 10 what
these defendants are liable under the dith sec
The Court here suggested that without further en-
largcmeut OF this OF the casc counsel for do
fencs would facilitate matters by putting In thor evil
dencc.
Counsel replied that he desired 10 discuss tho
stlutonay OF tho act OF 1864 and tho right oil the
Legislature to say what constituted impure milk, for
that body mad me power TO cssase IN this direction
they might with equal effect enact TINT man who
sold lobster salad liable TO lne and Imprisonment
because IL caused tho cole
THE JUpGE SAID.
Several authorities were quoted on the subject,
which IT is unnecessary TO reproduce hcre, ns the
judge promptly decided that the Legislature was per-
iecily competent In the DISCHARGE OF IT'S
coss ao% the ns and
While the act might be arbitrary II was
not unconstitutional It is entirely competent for tho
Legislature 10 prohibit the sale oi certain articles,
and IL ID within the province Of that body u
declare what articles come within a certain
II the defendants have been selling swii It Is
o question OF iact for the jury to determine.
Did tho defcntants' feed these catcf IL were the
cattle fed what IS known as swift These points
being conceded, then, az u question OF law, they
brought within the prohibory clauses OF tho law
concerning the use OF impure or unwh0lesOme food
H. SAID the judge you are dissatisfied with this ruling
you must 30 10 the Legislature anu ask them to
change the law.
WHAT THE OFFENCE EXPECTED TO PROVE.
Counsel concluded his opening for tho defence by
saying that the claim oil the defendants Is that these
taA ain thnft
slightest degree detrimental to their health. We shall
provo this to you, no Observed by men OF science
and earnest " study We snsii prove again that
our clients had no part or share in The administration
OF this food but that all OF the cattle were ca their
lar any OF the agents OF these defendants con
cerncd not single act, either OF omission or commis.
siOp was done by them IN violation even OF this
fourth section oil the statute of 1864. We shall
further demonstrate that there was an arrangement
oil lrougns in connection with a kind OF miniature
flood gate, outside and not in tho stable, through
which the product OF the dIstlery passed. and That
the owner OF individual COW, who desired this
Mr. Bcrgh (s0tto roce)-Yes; but you won't tell tho
jury where this stream OF swirl comes IRON and who
gets paid for IT..
TESTIMONY FOR TIM pIyENcE.
Mr. Max Flcischmann, one of tue defendants, was
now sworn. Max IS young gentleman Of about
thirty round headed, full laced. wesrs an Auburn
short, thick set and dresses as u be might be re
tired member Of some yacht club His evidence was
=
per. Being sworn he testified MS follows:-
O. Who compose the firm OF Gan, freshman Coz
A. James W. Gan, Charles Flcischmann and Macmillan
O. None othcrsS A. None.
q Are you the OF the real estate Of the dis
teryY A. NO, sir, only lcsseeA
q Do you sublc any part Of the premises rs stabcsY
A. Yes SIR; we sublet them in stalls TO any body who
O. To whom and NJ what price? A. To owners Of
cattle, and at from nifty 10 sevcnty-0ve cents week
per STALL
&c Yes sir; we let the stall ana have no further
conuol over H.
@ Docs that end your connection with It? A. That
10 about all We have to do with 1t; We employ no
hands At all, and we don't know what cnre the cattle
hvc every owner IL expected to take care OF his own
stock.
Witness shown a dingram OF tho premises and
explained tho manner in which the Iroughs ran from
tho dIslillcry TO the stables
@ Have you any ncrsonal knowledge Of tho guam
tny OF the swIll or hay that Is IcdY A. have not.
CRoas.ExAMiNArfoN.
q Who is the owner OF these premscs2
Objected to but overruled
A. A certain Mr. Bernneimer, a New York man;
rent the place IRON HIM and pay MIN my rent
q. Whore does he 1--we; what does he do? A. His
office is No. 800 Broadway do not know that he does
anything.
O. is ho in the brewery business a. Idon't know
Ho is IN old gentlemen, and, think, not doing any,
thing
Z. Then you subct these premises A. Yes, sir.
q. Don't you receive the cows to iced mt SO much
week A. No. sir; only lot tho stalls, ana mako
no special arrangement for any cows.
u ! a.
Tor the stable and whatever they choose TO take.
q. Who owns the feed that is IN the ccntrc OF the
Get that has been spoken OF IN tho tesmcnyg A.
The sw in the tanks belongs to u.s. and anybody can
have 1t who pays Tor IL 1t Is there 10 be sold
Q. Then II runs from your tanks into pipe that
crosses the public highway A. The tank Is connected
with the disllery by an open trough.
O. Whom II leaves the tanks'and gets INTO tho trough
on the other side, whose swill is 1t thcnY A. Any
body who pays Tor II; when people want to feed
with Il they take II.
O. Who has the ownership OF this sw9 A. IL be-
longs To us.
a. Az what time DO you to be ownors? A.
When leaves the distiery. When leaves tho tanks
II belongs 10 whoever purchased IT..
q. WHO opens tho point At which tho sw Is dcliv-
erci? A. The parties who own tho cows.
O. How do you soil II 4. | believe, at SO much
barrel; | don't remember the exact figure.
q Does the seventy or seventy tive cents week In
Guide or only lodging? A. have nothing TO do
with the icedng the owners iced with any, hing they
please the seventy five cents includes whatever they
help themselves TO-
O. Then you don't feed these anmals2 A. No, sir,
neither directly nor Indirectly
q 10 you provide hayY A. No, cir, wc provide
nothing.