The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-07-13
WILL MIL K.
Gaf, Fleischmann & Co. Acquitted by a
Long Island Jury.
FREE TRADE IN POISON.
The Judges Rulings and Charge
to the Jury.
SWILI4 TRIUMPHANT.
Filth, Disease and Death, bur No Con-
yIcton in Queens County
FREE TRADE IN POISON
,WILL. TRIUMPHANT.


The portals OF the bright Court House OF Queens
county werc thrown open yesterday morning long to
fore tho hour announced for the assembling OF the
tribunal before which the case OF Can. Fieschmann
Co was being tried but too tor many OF tho
sight seers and court ounsers, who had assembled in
force intent on getting troht seats The local inter
est in the case tho Grand Jury found true bill
against the wealthy distlers has been very great and
has intensified Mncc they wors brought 10 iria.
majority OF those in court yesterday were tho retain
ers or sympathizcrs OF the lrm. Scores oil men who
keep cows and feed them upon dlstllcry swil sat in
court and watched with interest the progress OF the
sase and a low CONSCIENTIOUS mon, ANXIOUS TO learn
Tho truth relating 10 the effects OF swl' feed upon
sows found places hero aud there throughout the
sourt room. Among those who watched (party
watched would perhaps be better the progress OF
HE cause were less than seven one-cyed men.
number OF these had been called as jurymcn, but
were excused for various reasons though two onceycd
men found their way TO seats in tho box. The galleries
ana seats outside tho bar we're all taken when MIR.
Bergh, accompanied by several OF his officers, DR..
James, OF the Health Board: DR.. Magncss, and District
Attorney Downing, arrived Shortly after the arrival
OF Mr. Bergh and party Messrs. Wool and Covert, ac
companicd by their clients, Max and Charles Feisch-
mann, appeared, and, from the genial and pleasant
salutation oil sides, locker ON would have sup
posed they were all engaged in the same cause The
contestng parties still chatting whom tho last
juryman, who seemed as If he had oversight himself,
arrived and Justices Armstrong, ChipD aud Baxter,
seeing that all was in readiness instructed tho Clerk
open court Mr.. Darcy, the Clerk, called the jury
roll and tho twelve good men and true answered
s'present'' each in his turn The court loungers
drew nearer to the railing enclosing the
bar, and there was slight commoton
in the galleries, owing 10 the crowdng
for front Seats The party lines inside the bar were
now very marked Messra Wood and Covert had
moved little space from the District Attorney, and
the defendants were quite close 10 them. Mr. Bcrgh
and tho prosecutor, together with DR.. James and
others interested in the suppression Of the sw milk
trade, formed little knot nearer the bench rail- All
tho dramatic proproties were now In form and court
declared open.
MR. pEKans CROSS EXAMINATION
Mr. Bcrah, whose cross.cxamination was interrupted
by the closing OF court on Wednesday evening was
called to the stand by the defence ana testified fol-
follows:-
O. Did you ever make an analysis Of sw or milk9
A. No.
Q. DO you mako report to the Health Board of
New York or BROOKLYN A. l make no report TO any
department, health or police
Q. Did the Health Board send any of the officers
with you the swil milk staoesY A. Yes, sir; they
sent Dr. James
Q. Is DR.. James connected with your society," A.
No.
q. When the Court adjourned last night was about
10 ask you whether you knew II a sick would
would not give milk? A. am unable 10 say
Q. In what stable the which you sdd had
ophthalmia? A. That think makes difference;
tie COW, but not say in what stable; do not
think IL Is pertinent
q What is opnthaimiaP Is 1t specific disease or a
general termS A. | cannot say.
u Have you ever seen II IN animals? A. When |
was in Egypt saw much OF it among human beings
Y. Horses arc your SPECIAL study, are they not, Mr.
BerghY A. NO, SIR; all suffering animals arc my
study, and cows quite as much as horses.
q Did you ever read article swill as food in
Johuson's Encyclopedia" A. No, sir
Mr. Wood, the examining lawyer, asked Mr.. Bergh
his opinion on the nutritious properties OF sw food
Objected 10 on the ground that the statute OF 1864
specifically declares It to be improper food Tor mich
animals. Objection sustained
q VIII the hair OF animal give indication of its
physical condition. should think the HAIR OF an
animal would synpathize with It's general CONDITION.
Y. Which Is the most injurious 10 an animal absence
oil light and Ventilation or bad ioodY A. | think they
would bofh KILL
Mr.. Bergh remained on the stand for some time nm
der severe crosscxamnation but his serious couu-
tcnance betrayed no sign ofirriiaon although he was
asked similar questions dozens ottimcs under different
forms With u polite "ls that all, gentlemen ~, aud
III affirmative response, Mr. liergh stepped GOWN from
tho stand and went back to the SIDE OF District AT
torncy Downing rear the railing enclosing the bar.
TESTIMONY OF DR.. MAGSEss.
District Attorney Downing called DR.. George H.
Magness 10 the stand and ne testified US ioows:--
Know tho distillcry OF Gaf Feischmann n Co., at
Bnssylc; visited the stables ut that place the 3D.
4th, 7h and 23i of May last Tor the purpose oi OK.
aiming Their condition, ON May | ict New York
about haipnst nno A. NJ, and proceeded To the COW
stables nj Bissvllie there saw three buildings or
sheds. low, long structures, OF them smaller than
tho other two; cannot give the measurements OF
the buildings; saw near the sheds what /
supposed Was a disillcry to the east OF the
ItlnHi fran n,I,..J
elevated pipe or trough connected the stables with
the dstilciy, and through these pipes sw WINS con-
Quoted 10 the sheds the internal cn Of the
sheds attracted my particular attention on account of
the crowded condition OF tho cows IN them; the sta.
Dics were DIVIDED INTO stalls; IN each stall were two
rows OF cattle; measured the place and found that
three feet or two feet eight inches tho spac.
hHowed Tor each animal; some OF the ON
ms occasion lying down, some sanding the llth of
Tue place was beyond descr pt0n manure IN some
places Two inches deep covered The ioor, and the
raiters overheard hung ia cobwebs anu
dust the scent OF ammonia was alipcrvadina:
walked all through tho promises and all that was
10 be seen; one while was there: noticed IN
the yard wagon Labelled, ''lure M ik 200 Hilary
street went 10 tho stall doors was tod by ono
oil the attendants, who directed mo to tho Office;
asked MN what ho charged ,or stabiDg cows; SAID
seventy cents per head week hc also told mo that
attendance Was included the prica lie sad thcy led
the cows three times day ioia me IL was probable
thnt some OF the cows would be turned out Tor tho
summer; my informant was writing in "A book headed
Gah Fielschmann Co. :; made an Oh gagcncnt 10 20
10 the stables again. on my visit tao day after
saw Ihifty wagons loaded with milk leaving me stable;
on my next visit, on May l. wagons again Ivadoi
and got the names oi tho parties IN tucsc wagons.
DISGUSTING scENRs,
! also saw the cows fed Win swll outside the
STAB there were great TUBS hlled with mauure tho
COWS also we're thickly coitcd with manure some OF
ihcn had sbor sore tails, ana were ,ootuIess.
saw an officer put a. Thermometer into a va, rom
which cows were feeding ou swirl ana the instrument
registered i02 degrees, the sw ruu along tho OUT
sdc OF the stable IN cutters htlrd VITA traps or succ
yates, ana When these raised tho mn flowed
into the Foughs IN the shed III the watts INTO whcu
The swiiI was thrown Immediately from the dis,iery
Tho heat great as ~ explode mercury In tho
Thermometers TINS swii gives COWS any other aui-
mails feeding upon u diarrhTl tue manure rom tnoso
ANIMALS was OF grccnsh-ycilVw SHADE and a green
isL. Dlack.
CROSS EXAMINATION.
Cross am od--uot my diploma rs "A m cJica doc.
tor from He'll vac Medical Colcgc, from winch iasilu.
ton graduated IN 1876. Hm twentysM years Il age,
mn, = private practitioner; write Tor thc NEW y0nh
HERALD; did not ask any oi The gentlemen VIII, are
here A. witnesses 10 go with me; sho cows
very closely passed IA ffont o about nundrcd vi
tncm: think I passed tIroagh ave OF the g,ngwuys;
ucncd one OF tho short-taicd cows amt know thai