The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-20
The Jury Find No Cruelty in the
docking" Process.
MR.. BERGH ON THE STAND.
How Ex-Mayor Hall Explains the Motive
OF fhe Prosecution.

N
mails having on the 27tn OF May last shocked" the
a, OF horse belonging Mr. Harry oelrichs. OF tho
weslchester Polo Club. Tho lovers OF horsefesh
were deeply Interested in the proceedings and were
largely represented but there wore also many others
In attendance who attracted by the novelty OF
The well as the genuine humor INFUSED into u
BY Mr. A. Oakley Hail. who defended the accused, and
whose frequent sailies provoked tho heartiest n'er-
rmert Mr.. Hall assisted by Mr.. Perry
Belmont. Assistant District Attorney Herring APP
pcared Tor the prosecutiou,~ and beside MIN sat
Mr.. Henry Bergh, who throug bout tho day was Often
times compelled vince al the surcasm Of which he
the object Those passing INTO the court
did not tail TO notice the pony whose tail had been
rut aud which being led up aud down in front OF
me entrance tina. jurors could inspect II II neces
Iary II Is fne, healthy animal, light bay, about
thirteen aud half hands nigh and between nine and
years old, and seemed TO be in the best possible
sondtion. The amcnteL General Custer formerly
owned H. and tue pony Is known as "Custer's mare"
Passers by stopped and admired the animal, which
ald not appear any the tor the docking" oper
alton.
AT the opening OF the court Mr. Herring nounced
that desired TO call as witnesses Two veterinary
surgeons but as they absent he would rest the
case Tor the prosecution with privilege Of recall
ing them should they appear. This Mr.. Hall agreed
10 ana the defence began.
In opening Tor Ine defence Mr. Hall observed ihat he
could say, said 10 Desdemona, according to
the count Joannes, Il will plain unvarnished tale
deliver because the tail ne about TO unfold there
counsel held before the jury the dried and var
bone Of the part locked from the pony tail,
was plain, but varnished.n (Laugher) III the
jury Fraser they would make 100 700 OF their
fellow iabe he stripes BlackwelPs
Island Tue Keynote OF the defence would be that the
nv NJ n a scha
groom the vanity Of The President of the Society
Tor The Prevention OF Cruelty to Animals wis.,"
continued Mr. Hall, ITO detail my defence II l am
not curtailed by the Court" (Laughter) IL
gorry / have not MIR. Darwin upon my list OF wilt
nesses, for might show by him that-l Will not say
tue progeniors OF the President Of the Society for
the Prevention OF Cruelty 20 Animsls, but to be
polte-my own in the pre-Shemitic age had such
appendage as this" (iers Mr.. Han exhibited the
bone OF the tail amid general lausnter) .And that
deprived OF IL for own advantage.
might get testimony from him to the original
Fraser wro cut IL on" Laughter ~ do not say that
woua accept IN is testimony. A. religious mau would
BOY, ana probably when tho jurors were boys, not
Dny JOINTS but joints taken Oh the tail
D. nearly every horse that was used under saddle
the for this That In the last
rcatsry the sudden death oil very noble English
lady Resulted from u horse having long tai. Sue
riding day with her husband when the
horse Threw his tail over the line, ana, becoming
away. rue lady was thrown and killed. Witnin
lhs tho youngest reporter at tue reporters
table the newspapers OF this country have cLroncied
rountloAs similar accidents.
CRUKLTY
sMr Bersn has president OF the Society Tor the
Prevention Of Cruelty 10 Animals Tor Twelve years,
and during this period Manhattan Island and Long
Island have been fun ot locked horses; but Mr..
Bcign kes when has opportunity OF
sending tue groom oil some rich gentlemen, VINO do
tue Pcnilentiary Tor one year. Tho eutomoiosist
catches insects ana pms them to the walls OF his
hurarses He Is not called crus but il We seq BOY
Scxing pins wantoniy into butterfly We are in
grocm 10 'dock' his pony's tail to make
the pony moro symmetrical, useful and
vaiuabic, aud me groom who skiilaiy iuhs
either Of them mad nscdiessy locked tnc tail, then,
~ The meaning OF the statute DC would DC guilty OF
desired 10 warn The Jury against the intended effect Of
tns appearance OF Dr. Coisman, tue veterinary sur
geon society Tor the Prevention OF Cruelty 10
Animals, upon the St. nd He sat there with norse's
nand. rhe edge held toward the
jury II was not even averrea that this tail had any
tnlng do wilh the Case. IL either tail that
be- freshly cur on or purpose or ta'i that had
would say, though Herring was near him iu tho
leo % nios Bereh, and We Know ina! the best her
rlugs found IN Lhis proximity" (Laughtor.)
Alter Icy thrust Mr. Bersh sft his seat but sub
bsqueutiy resumed u.
Mr. Hall here ,ntimaied that owing the illness Of
Mr. Harry Oelrchs he PEELED stitutc
THE GAME on roLo.
The nrst witness called was MIR. August Belmont, |
Jr. He was asked whether Mr.. Harry OeIricns had |
aoesn .ns pony's tail. auornsy herring Objected
"wby, Your Honor" said Mr. Haii 'tns Is the very |
marrow Vi my defence. Mr. BeImonts ansA or viii |
snow that the docking was neithor wanlon necd
Less
Belmont said that Mr. Harry Oelricns requested him |
10 tel Fraser that wished nave the pohys tail
"doc~ " and he twisDessl told Fraser this. He did
not Tue .uockiDg;" Mr.. Harry Ociricns rode the
pony III paying the game OF POLO the ponys long tail
was regarded oUstruction IN the OF the NAL
healthful exercise anu amusc ment, and was now IN
vogue IA the Brush army, win tho strong approval
In iopiy % Mr. nerriag tho witness gave inter-
cstIng absorption OF the game 81 POLO He sdued
10 The poniss. the fore feet o the ponies ban
daped anu they could not be hurt but mo riders
times Tell or were thrown Oh anu injured
'D0cKEh"
George W. Bishop was tieD summoned 10 the wit
Tor nail century ne testified that docking" haa
been done throughout tDat period; the Old inethOd
iScomparaOly moro cruel than that when had boon
used wtnin the last thirty years; no himself nad ne
thought introduced the modern method; ~ this the
ouy instrument used was tie ''pinking" kniie,
ANAL, Keen blade, then tho loose SKIN WINS sewed ~
over the end o. the remainder o. hs tai; y was his
opinlon that there wss not much pain, a. the opera
lion might be ormed within twenty seconds he
haa dockcd the tails 10000 norses.
Here MI bcrgn took n small, giit-cdgcd note book
und made au entry there, wnen Mr. Hall exclaimed,
"hr Bisnop, u you arc prosecuted nereaitor Tor
whatever you have csined hers to-day III defend
you. Al you satisfied with my legal services
IN, nlre the beet that can be cptapsd."
Mr Bishop went 10 state that tue principal OBJ
1vct OF sdookiDg'' horses tail keen OF
tie way OF the rens wben driving OF 10 save the
rider from being besmirched with me sweepings OF
the road.
OPINIONS
Dr. Caltnacb, a veterinary surgeon testified that
Shocking" Increases the vaiue OF nofse, because
tends 10 show on Tho symmetry oi hts quarters.
Alter recess william Downing. a stable boy OF the
Poo Club, VINO had charge OF the pony OUTSIDE the
building, was called 70 tue witness stand He tes-
MOI thai he nold the pony's head while Fraser
ss4a EptB mar nd ON iuxl Ffnear
nnlsAed the operation; aitcrwara she led as usual
James A. Cong, graduate of the Royai College OF
Veterinary Surgeons OF Edinburgh, testined that
sduckingn was we-recognzed, operation IN the
veterinary science
CorroDorativo testimony wss gwen by Thomas
Clark, veterinary surgeon OF tbirty-nine years.
stsndng.
William u. Reilly, formerly stable helper tor the
adj kru IN tba