The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-02-21
LAW ON LONG ISLAND.

DRIVERS ALLEGED CRUELTy-MR. BERGH
SEEKING JUSTICE IN QUEENS COUNTY
POLICE COURT.
At the Long Island City Police Court in Ferry
street, Justice Michael Delhanty presiding. John
Banning. a driver. appeared yesterday. charged
with cruelty to horse the property OF the Hunters
Point and Astoria Car Company. The complaint
brought at the instance Of Mr.. Henry Bergh. as
president of the Society for the Prevention of Cru
city to Animals. Mr.. Henry Bergh. Jr.. also in
attendance in behalf of the society. When the
plant read to the defendant he pleaded not
guilty and said that he desired TO be tried by jury
Mr.. Bergh objected to the Justice enter
tanning the application for jury trial. in
asnnuch the defendant . previous
occasion had appeared before him for the same
offence had been admitted to bail and had then
elected be tried by the Justice. and that too
late make different disposition of the JUS
tce Dehanty overruled this objection and said that
the defendant had not deprived himself of his
stitutioual right to jury by any preliminary pro-
ceedings. Mr.. Bergh then inquired what DISPOSE
ton of the case would be made II a jury trial
agreed to. Justice Delnanty replied that jury
would be sworn and that he would act as judge.
SOME MAT LITTLE FONTS OF LAW.
long discussion followed this statement, and law
books sent for and referred to, the result of
which was that Mr.. Bcrgh said that as representa-
tive Of the Attorney General he would decide to take
the before the Grand Jury and obtrin indict
ment against the defendant. Justice Deihanty told
Mr.. Bergh that this could only be done by his with
drawing the complaint, and the case would then be
dismissed Mr. Bergh said that he supposed the Justice
a committing magistrate. that certain judicial
proceedings were already before him which he was
bound TO recognize and suggested that if the proceed
ings were dismissed, the Justice would, at least
hold the defendants under the bail bond until 1t
seen wha' disposition the Grand Jury would make
of the case. Justice Delhanty answered that he
could not recognize any bail bond and should not do
so unless Il tried before him either with jury
or without jury. Mr.. Bergh protested against
what he said misinterpretation of the law. and
urged that the people had some rights well the
defendant. He thought II was the duty OF COM
uniting magistrate to recognize those rights espe
cally the defendant would not be deprived of his
liberty thereby.
Justice Dclhanty refused to yield, and gentleman
in the audience. who said that he was lawyer. pro-
ceeded to volunteer advice and instruct the Justice
This example encouraged others to do likewise. and
to the resemblance of u boisterous town meeting
gentleman who appeared friend of the defend
ant said that they were not prepared to go on with
the case as the witnesses for the defence were not
present.
ADJOURNMENT AT LAST.
Mr.. Bergh then applied for an adjournmeDt " the
hearing until Wednesday next He said that the un-
expected course taken by the Justice would necess
tate consultation with counsel.
The defence offered no objection to the adjourn
ment; but this did not seem to please either the
Justice the court officials, and. after some re
marks about people not knowing their own minds
and "outsde' people interfering with the proceed
ings. the adjournment was granted to Wednesday
morning next at ten o'clock tho defendant, in the
meantime, being held under his bail bond.
From the particulars obtainabe from the CON-
plainants it would appear that Banning struck the
horse with his whip until it fell, and when it had
risen took heavy stake from woodpile and again
beat severely until fell to the ground though
1t were dead This stick in court and a
very formidable looking piece OF timber