The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-06-19
Commencement of FraSer'S Trial Be-
fore Judge GilderSIeeve.
LAW AND ANATOMY.
DR.. CampbeI's Opinions Dssected by
Ex-Mayor Hail.

at Tho instance OF the Society Tor the Prevention oil
Cruelty TO Animals, with what is generally known as
docking horses tail The horse the property
OF Mr. Harry oelrchs, member OF the W Westminster
Polo Club, and Fraser Is nis groom aud tho 37th
OF May the miscomeanor complained OF was com
mitted Among other things the indictment ayers
that the operation OF "docking'' PAIN to tho
animal, and Mr. Bcrgh, the president Of the society,
stepped TO tho front For days past he has been
on the alert TO have tho case tried. and
happier man ever smad upon jury than he whom
tho twelve good men and true empanecd to test
the question at stake True, many moro IN the court
room smiled well Mr.. Bcrgh but 1t may be said
that tho visibility of the audience was not provoked
by similar senumonts, the difference being that be-
tween the inward chucko OF an individual and the
hearty laughter OF a crowd
II was late IN the afternoon when the case was
called by Assistant District Attorney Herring There
was largo attendance IN court, comprising many
gentlemen interested in horsclcsh and altogether the
proceedings were awaited with about tho same
anxious and plcasurable feelings exhibited by
audience Just before tho curtain new comedy
by popular drama.ist Ex-Mayor Hail. who hai
been specially retained for the defence in
better humor and close in his vicinity sat Mr. August
Belmont Jr, ana Mr.. Herman Oerichs
MIR. Hall opened tho proceedings by asking that the
Indictment might be amended II within the power oi
cluded in the indictment, .Ior, continued counsel,
'hc indictment charges an act Of cruelty which Mr.
Oeirichs authorized. aud he does not ce inclined to
allow an employee to stand III his place"
III must object TO that" said Mr.. Herring, "Mr.
Ocllichs may DO indicted hereafter " ne desires TO
ben tH.5
..Ho desires simply 10 bear the responsibility OF bis
own acts replied Mr.. Hail.
~ must refuse your motion, Mr.. Hail." said Judge
Giderseeve 1T Is rot matter In my discretion,
but you may take an exception"
ssNo, thaok Your Honor" added Mr.. Hall, smiling
81 think we will wal, Tor a better onc.'
In opening tho case the jury Mr.. Herring paid,
high tribute to the efforts Of tho Society for tho Pm
vention Of Cruelty 10 Animals. Under tho impetus
which the Legislature had received from that organ
izaton the law had thrown lis behign influence
especially around the modest OF animals, the horse
and the prisoner ut the bar was charged with
offence relation to that animal. Should the prose-
prove that tho acts OF the prisoner
OF cruelty that his act act OF mutilation then
the kIre atoms tho Indictment would ne sustained
aud y would be an Idle excuse to oder, with full
knowcds &c OF what the law declared be tho duty Of
the citizon and he might the rights Of the horse,
TO fashion fancy or both should produce
in the mind OF any person tho determination
cise this cruelty aud mu.lation ana torture IN
wanton and unnecesbar y manner Tho under
which tho indictment was drawn was very cloar and
could tail to be appreciated setting forth in chip
ter 375 Of Laws of 1867 cruelty to animals
should be held to be msdcmcanor Mr.. Herring OK
hibtod TO tho jury tho picture Of tho skeleton OF
horse wnirn tho spinal vcrtebiB extended,
ndding that 1t was Tor tho mutation OF
tho tail whero the vertebrn terminated that
the prisoner was indicted He said there was no
personal feeling toward tho accused, but any man
no matter how humble he might be disrcg ardcd the
mandates OF the law, he made himself voluntary
victim OF tho operations law and hcnco be was
not Ia position from the TACT that be was ON
ploy6 TO command sympathy.
TuY 10
"wc don't want any sympathy, Mr.. Hcrring," said
Mr. Hall, liitins his eyes from a law book
The first witness to take tho stand anky
young man with s'docked" side whiskers, who suid
no was coachman residing at No "a West Forty
state .hn. on the l6 OF May no was al Jerome PARK
ana he saw Fraser on the polo grounds; he him
cutting apiece OF horses tail OIL
"Describc the horse" said MI Herring
al the Court please suggested Mr.. Hall, al sha II
the pony in front OF the Cours House. 1 cannot
bring hin up stairs because Il would DO bad Tor tho
stairsn
"wo!i, then," added Mr. Herring, "bring up his
whole tall"
'Ycs to give you chance tor a stump speech re-
tortcd the prisoners counsel and tho rang with
pcas OF laughter
mr. Herring then jocularIy suggested the propr,ety
OF an 10 spcctor, wpcn Mr. Hall Responded by saying
ina. IL might LOOK little odd TO SEQ IAN ex Mayor
leading u horse"
HOW 1T WAS posx
These httlo plcasantrics over the TAIL coachman
TO slate that the animal was buy horse;
when he saw Fraser At the Polo grounds he baa
-
stable hrst then he pat strap on each fciiock with
ring on. and got rope through the rings and tied
them, thus bringing the four feet together that n
the animal jumped IL would iaIL The witness, IN re-
spouse 10 juror, stated that the horse did not fa
but kept his position during tho operation. the
tail was raised up. ono OF the men having
bold OF the bottom part; Thea Fraser took
ms kni'e ana started " CUT ~ oen'nd aud
skin up; the tall was cut IN the shape oil the letter W
the cuts made toward tue bottom OF the taii the
horse bicd somewhat; while the cutting goi ng
tho horse stood sti but wncn the sewing commenced
no began to make little notion the horse was IKE
ship AZ sea; there was man named Downing pres
eut during mo operation; netbor Nj. ocrichs nor
Mr.. belmont, Jr., was present at The time
show came ysu 10 be thcrs :" asked Mr. Hall, in
crcss-oxnmiLation
"wol," replied the witness, al was IN Fraioes en-
pioy Tor 1--WE weeks; lie discharged me on Sunday
morning; my month was not when | dts
charged; don't know what l was discharged Tor"
WASN'T II Tor beng drunk and steaiiCga pair OF
the trembling coachman.
"No, sir," replied :hc Witness
well, alter being discharged what did you 10 back
for9n
.swhy, l never lcf,.n
.'You may leave now, said the counsel, and Owens
left the Witness stand
A SURGEONS TESTIMONY.
The veterinary surgeon OF the society, DR.. Coleman,
war next summoned by the prosecution He said ho
bad been a practitioner since 1865, and had boon In
Now YORK for tho pat eighteen months; he had
been familiar with horses since he twelve years
old aud no was now sixty-two; no had seen horses
locked " their taiis; years ago, when lac made
his entry INTO the stables .uockiusn was
quite tue fashion: no called the operation OF
s,dockingn simply amputatioD Of Tho lcshy part OF
the tail he considered II an operation OF great pan
the Of The suffering depending upon
oi part OF the tall that WINS cut. Here piece OF
a horses tail was produced, and tho Doctor, aft
looking Mt II, said that the PAIN inflicted would be
greater the cutting ncared tho thickcst OF tho
iaii the pain Yves caused by DIVISION Of tho nerves
Of sepsation thoro were two classes OF nerves,
being called the pcrves OF motion and the other
tho nerves Of sensation the nerves Of sensation
tcnacd IRON the spinal vcrtcbrm to the horses tail
running tho extrcmc end; tho cutting OF a horsc's
tall must vi necessity cause pain IRON
the nature or the structure OF the tail
sometimes no had seen gangrcno resulting
from cutting on horsc's tai; at olhcr times thcro
was sim Elimination, and bo had seen tails that
had 10 10 tho second time get rid OF the
diseased part: ne had known horses 10 die iron the
operation; when docking was the fashIon long ago II
Ga not uncommon thing for horses die IRON
tho effects OF the operation horscs tail OF
bones, iigamcnts muscles nerves aud blood vessels
some horses mad ntecn bones In thor tail. others
eighteen there four musces-uancly, the cree
tor tho depressor tho curvator aud the coinprcssor
tne tail bad several MINOR functions, among them