The New York herald., 1877-07-12
SWILL DEALERS
The Trial of Gaf, Fleischman
& Go. Begun.
Mr.. BERGH ON THE WITNESS STAND.
What He Saw in the Stables and the
Condition OF the Cows.


and treating animals with cruelty would be tried, q
large crowd assembled at the Queens County Court
House, Long Island yesterday. watch the progress
Of the cause In addition TO the spectators num-
bcring about hundred and nfty, therc were
in attendance about twenty million flies in all stages
OF development, from the size OF pin head to tho
average proportion OF fully matured Colorado potato
bug. Gentlemen in court, who engaged much OF their
lime In preventing these pests from coonizng on
Ihcr noses, accused Of holding conversations Ia
pantomme with witnesses aud oil otherwise attempting
10 bul-doze justice The early arrivals at the Court
House we're doomed 10 disappointment for the OF
Gan Fleischman 4 Co not reached until after the
noon recess. Finally when the called both sides
announced that tney were ready to proceed and the
was begun.
IMpASELLISo JURY.
II was expected that finding or jury to try the
case would occupy much time. and the anticipation
was not disapponted Tor when the twelfth man took
his seat the day was nearly spent The hrst
name drawn from the box was that OF Philip
Ncht, a German gentleman from Hampstead
slight examination convinced both sides
that Mr. Ncht upprcjudlced man
and he was accepted. This expeditions proceeding
awakened the hope that jury would easily be iound'
but when Mr. Singleton Brewer, the next nominee
for jury honors took The stand the happy hope in.
Mr. Brewer was examined al length de hau mol reau
any Of paper comments on swil milk; hc hau
given the subject but little attention.
.'Dd you ever keep cows" asked Mr. Covert oi
counsel for Gail, Ficischmann Co
.sYcs sir, kept two COWS tor my own ise."
Counse-Dl you ever give your cows grains or
nswiil, AS IL is cailcdY
NO, sir, never did; always fed them on dry
feed"
Counsel TO tho Courtl--We will excuse Mr.. Brewer
from serving on the jury, and thus the second man
WIS rejected on challenge from the defence
Anderson.
brought to the stand. IL had read much OF tho mat
ter published on the subject OF swll mix; kept sew
oral COWS; had done so Tor many years, but never
'Did understand you to say that you nevor used
grains iced your cattle with y? asked counsel Tor
Inc defence.
Mr. Anderson-l SO stnted
Counsel guess We will excuse you.
DID NOT KNOW ENOUGH.
The next man called was remarkably benishted in
have been common talk ol41 ears, that the proseca-
tion icit natural mis.rust. Victor schenck
was the title Of the gentleman in question.
but had heard OF the American Society
Tor the Prevention OF Cruelty 10 Animals; did
not know Mr. Bereh by name or reputation; In fact he
did not know anything HIS mind was as virgin
page, and lust such mind as proper Juryman
should have. Alter Mr. schcrck had nnsned his pro-
testations OF ignorance. District-Attorney Downing
said, 'You excused, Mr.. Schenck;' and Mr.
Schcnck stepped down and out.
Mr.. John A. Remscn, oil Oyster Bay, was next
called. He had not read the articles IN the HERALD
and IN fact, did not know anything about cows or COW
given cattle or their Keeping any attention. Mr.
Rcmscn was accepted as the second juror
Mr.. V0orhs Mount, farmer, SAID that he had kept
cows, not Tor his but for public use; that Is,
he produced milk Tor tie New York market, the most
induecut in the world He never aid any particular
to where he got the feed or these COVE,
the milk ior New YORK He used swhl al 40.
Thought It was good enough food Tor cows producing
milk for New York; IN iact was sure 1t was good
enough
Dsirlct Attorney Downing-I submit to the Court
hat TINS is an incomp petent juryman He has openly
gcsta he The Court did not the matter
a. tnc attorney or the peopc oid ana the point
uccided well takeI. owing To this decision the
prosecution wns obliged to use u challenge, and Mr.
Mount WIS cxcused
all prejudice, was accepted us the third juror.
Mr.. Wli,iam Smith, OF Oyster Bay, Is an owner o;
cows and has used swil' 10 lecd the ANIMALS las no
special theory about feeding cattle, but was of the
opinion that Doied sprouts were not good thought he
rouid give fair verdict on facts presented. He was
accepted as the fourth juror.
PalricK Drisley, ol Hunters Point, did not know
anything about leeding cattle, and was accepted as
Mr. Nicholas Van Colt, OF Hampstead, had read tho
HERALD articles on swi milk, but the reading ol them
had not leli lasting impression He had used
swiii Tor feeding and thought good enough or
the purpose The District Attorney OBJ ccted TO IN
man as incompetent uut the Court as in q prt tvious
ease, objection and allowed ption
Mr.. Van Cott was challenged and excused
Mr. William Beatty had read The papers, but formed
no opinion; SO he was accepted as the sixth juror
Mr. Junn Welsh OF GreeupOint, had not read the
papers and had no prejudice against Mr. Bcrgh or the
Mr. William McComb said he had prejudice against
Mr. Bergh or his course IN arrcstng men Tor driving
lame ana inlirm horses He was excused.
Dir. William Lorry, OF Oyster Bay, was accepted as
the eighth juror.
The i've challenges allowed to each sldc had now
been exhausted aud the nding OF tho remaining four
jurors was easy task. Mr. Thomas Ciopham was
the ninth man IN the box. Mr. John Bunder lmnc-
diatey followed him, anu Petcr Wright and John Ford
competed The jury. Tho defendants pleaded not
guilty aud the contest opened.
POINTS
IL II. iur do mt m
lresscd the Court aud asked that the District AT
,orney be ordered 10 eject which OF the five
n The Indictment the TO DC tried. The irst
Ave counts IN tho instrument, he said, covered
oy the law OF 1854, IN reference to the
the staute OF 1874 relating TO cruelty to The
case oil The People vs. Austin was quoted to show that
10 try the cause The motion Tor an immediate cleo
lion denied, and the Court held that alter
Hence was in the prosecution could elect.
THE DISTRICT ATTORNEY
The preliminary motion being disposed Of District
Attorney Downing addressed the Court and jury. lie
sad the issue between the people men of
great wealth. The defendants have violated certain
statutes OF the State, and tor such offence iabe
under the iaw. ..You come into the Jury box sid
the prosecutor to the jury"or, least such is the
presumption--wth minds Tree from all prejudice aud
bus You are required as ciiizens 10 enforce
the laws the State which grants protccto
rebuke and punish all arrangements on H. You may
have your Individual views or special laws IN the
0Ook. even At liberty 10 object to their adop-
tlon out sinco they are there voc are in duty bound
10 enforce ana vndicatc them"
BeIorc proceeding The prosecutor said no wished 10
call attention to the Inv involved n the o,
and TO thal end he read IRON book tho ioIow W
excerpt
Vol I Law; LAM Of ,sSa saaptss % "a page osAny Per
ing the same for safe exchange. shall keep cows
tor the production OF milk for or
la acrowded ana unhealthy condition. feed the
TODD that produces diseased milk
shall be deemed guilty OF misdem amor ana on convc
tOn shall be punished by IRE o exceeding
each and every offence.
Mr. 8crgb here handed another book to the District
Attorney, from which he read the following extract
irom the Laws OF 1876
The addition OF water any substance other than a
yunccnt quantity oi ice 20 the milk while Ia
transit 20 market hereby declared Any
milk that is obtained roa animals fed disery waste
usually called sw, any substance In Of putrc
ictiun or fermentation is hereby declared mpufe ana
unwholesomc
With these quotations the District Attorney asked
She jury to listen uttentivey to the evidence to be
elected
TIE EVIDENCE
The first witness called WAS Mr. Alonzo Wright
Dtpnty Collector OF the First district THIS gentle.
Dun called TO prove who were The members Of the