The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-07-17
DELAYING THE HORSE CARS.

AN OFFICER OF THE SOCIETY FOR THE PREvEN-
TON OF CRUELTY TO ANIMALS CHARGED WITH
vIoLATING STATUTE:
Mr.. Henry Bergh, president of the Society for the
Prevention of Cruelty to Animals appeared in the
Jefferson Market Police Court yesterday with all his
myrmidons aud marshalled to oppose them were
no end OF the satellites of the Christopher Street
Railroad Company. 1t test that before
the Court and both parties put forward their best
efforts President Jacob Sharp and Inspector Charles
L. Sweeny were on hand. and represented by Coun.
selior Joseph Stiner. The fight. which is an old one.
to tost tho legality of Mr.. Bergh's men inter-
fering with the horses OF the railroad company
while passing from one terminus to another. It
appeared from the evidence adduced that Officer Lam.
bert of the society noticed that OF the horses OF
a cross-town was limping he reached the
corner OF Fourteenth street and Fifth avenue. He
once signalled the car to stop and proceeded to
examine the ANIMALS hurts. which caused the da-
tention of number or the track. The driver
held that the horse had not gone lame and Supernten
dent Sharp, who examined the animal before 1t left
the stables, corroborated his statement. Inspector
Reilly, who appeared during the alteration, called
on Ofcer Reilly to arrest Lambert tor the violation
of chapter ga the Revised Statutes OF the State
Oficer Lambert testified IN his defence. that
he had his attention called to the horses move
ments. and felt satisfied that the animal was going
lanes he had examined his feet to see II there
nails penetrating his flesh. and then had ordered
him back to the stables as unfit Tor use.
IT,
MIR. Bergh commended that the horse was not mt for
his work aud that the arrest OF Lambert was made
without the shadow OF law to sustain 1t. To de-
fine his views more fully he produced the following
letter. which is supposed to enbody the opinions OF
the Society for the Prevention of Cruelty to AMI
mas:-
The object of this openly asserted by it's advo-
Gates the Assembly to be to prevent the do
of railroad by obstinate trucken refusing
drive OF their tracks thought the language the
bill ought to have been more dehnite and guarded and
wrote the Governor to that effect, lie has
signed the act in its present form, Undoubtedly
in the belief that the word 'wilfully" means
with criminal intent lie is supported by the la
States Revised statutes 39 aud By the of United
States KIRBY q Wallace U. ). r. 4 where tho Court
held that the driver OF the mail not exempted from
criminal charge by such statute. am clearly
OF opinion that this of 1919 does apply
affect the official acts OF the agents of this society
acting within the line Of their duty in the enforce
Attorney Hon II. X Phelps. comedies with this
opinion. The word 'wfuN must be construed to moan
it's provisions intended to affect official and
unless be lawfully running tho act does not apply
any OF obstruction. No car Is lawfully running
either the driver uicer controlling II IN engaged
IN the of running u In vocation of law,
the effect OF running It'll with lame horse
load of passe ngers--will BIO to violate the law.
Justice Morgan pondered the evidence adj
duced and then stated his conviction that Lambert
did not voiate the law, urging at the same timo
that he believed 1t well the society to sink its
differences with the police and work in unison with
them. The contrasting parties still seemed to adhere
to their luminosity, and His Honor said that tho
railroad company should allow a complaint to DO
made against the driver of the car and have tho
higher courts settle the test Mr.. Bergh said
that In the law perverted his efforts would
the Justice deciding to give decision at the next
hearing.