Evening star., 1897-01-05
LIEUTENANT BARBER FINED
The Charge Of Cruelty to Animals Sus-
tanned.
Outcome of the BrOadsword Contest
at Brfghtwood Park-The Evi-
dence and Arxunents.


Brishtwood Driving Park. with Sergt. .Davie
of the 9th Cavalry, occurred today in the
Police Court before Judge Kimbali. 1t will
be remembered that broadsword contest
was the feature of an athletic exhibition at
the driving park on the day In question.
Lieut.. Barber was on foot and Sergt Davie
on horseback. During the contest the horse
received a cut above the right eye, and by
direction of Prosecuting Attorney James L.
Pugh, jr., who happened to be one of the
audience. Sergt. Slatterly and Policeman
Mitchell placed Lieut.. Barber under ar
rest. Because Of this interference the crowd
was greatly disappointed and considerable
comment resulted.
The Case Called.
When the case was called today Attorney
w. Classic. who appeared for Barber. ex-
planned that he had summoned several
witnesses from Fort Myer, including Lieut.
Short in order to supply expert testimony
in regard to sword contests. They had
not complied however. SO it had been de-
cided to continue without them.
Sergt. Slatterly, the first witness, testi-
hed that during the contest the horse re-
ceived cash over the right eye and be-
came unmanageable. The combatants had
shields, but the horse was entirely unpro-
tected.
The horse was expected to furnish the
blood to appease the audience?' asked Mr..
Pugh.
You were in the audience and you ought
to know?' interjected Attorney Classic
Il was" admitted Mr.. Pugh with spirit,
land 1 was thoroughly appeased.'
Continuing sergt. Slatterly characterized
some Of the blows struck as terrific
IF the cavalry at Fort Myer in regular
exercise should accidently hit a horse that
would not be cruelty" Judge Kimball took
occasion to state. But an exhibition Of
this sort for pay is an entirely different
matte"
Policeman Mitchell substantiated the
statements of Sergt. Slatteriy. II heard
parties in the crowd shout" Policeman
Mitchell said further. that it was a shame
to treat the horse in the manner that it
had been treated. They declared that the
horse was hit for the purpose of covering
the animal
The Defense.
Prosecuting Attorney Pugh at this point
announced the case Of the District to be
closed, and the defense called as it's first
witness Second Lieut.. Edwin H. Pillsbury
of Troop A, District National Guard. After
stating that he was referee of the contest
New Year day, Lieut.. Pillsbury explained
the points of broadsword engagement
He conld not swear, he said, who hit the
horse, but to the best of his knowledge
it was done by the man who was mounted.
Did you hear any protests from the
spectators?' asked Mr.. Pugh.
L heard some one say, Don't fight the
horse fight the man." was the reply
Capt Duncan c. Ross, who explained
that he has engaged in thousands of such
contests, stated that in not more than
TOUR instances was the horse injured Such
q result Is most unusual occurrence In
the opinion OF the witness the animal in
the recent contest was cut by the rider and
not by Lieut.. Barber
The defendant testified that he has been
engaged IN broadsword contests since 1865,
ana was for six months engaged at the
worlds fair. He was for eighteen years
IN the British army, he said. and received
daily training in that line. Lieutenant
Barber declared that he did not know
whether the horse was cut by Davie or
himself. He did not believe that any
cruelty had been perpetrated.
That closed the testimony.
The Arguments.
In his opening argument Prosecuting At
torney Pugh declared that it was utterly
immaterial which combatant cut the horse.
The law, he says, holds every man who
took steps to further the contest The
swordsmen were protected by shields,
willie the horse was entirely unprotected.
1T is not necessary to bodily injure the
animal, argued Mr.. Pugh. The horse
was injured through mental suffering and
torture. Why, they had a green horse
there. and 1t was made TO undergo agonlz-
ing treatment.
Il do not care who cut the horse" con-
tinued Mr.. Pugh. "All connected with the
affair are clearly guilty of violation of
the statute. They were all principals.
The statute is as broad as any in the
United States. and l have examined all Of
them. The courts have held that the
stringing of fish is an act of torment;
that the trap shooting of pigeons, even
when the birds are not hit: that the car
rying Of chickens with their heads sus-
pended are also acts Of cruelty.
whether such exercises are carried or"
Mr.. Pugh went or to say, 'at Fort Myer
or by the District militia-and 1 take ex-
ception to the latter
From his seat in the audience Lient
Pillsbury began to make angry denial Of
the last statement of the prosecuting at
torney.
Your honor" almost shouted Mr.. Pugh,
facing Lieut.. Pillsbury, II ask that quiet
this manner again 1 shall insist that the
party be fined for contempt.
Resumng. Mr.. Pugh stated that all the
parties who testified for the defense were
ne asked, "are the disinterested witnesses?
The other side claims that Davie cut the
horse, while your honor knows that a man
seated on the back of the animal could not
character. They say that the cut was only
skin deep. I'll concede that, for it could
not have been deeper without penetrating
the BRAIN"
Attorney Classic set forth that If the
horse used in the contest was cruelty treat
ed, the same would apply to fire engine
horses, and othef animals that are daily
frightened by steam locomotives and BIZ
cycles. Mr.. Classic attempted to show that
Davie, and not Barber, cut the horse, when
the court interrupted to say:
You need not argue that point. If the
horse was cruelty treated, l agree with
Mr.. Pugh that both men were equally
guilty
In discussing cruelty, Attorney Classic
said: TN the Bible we hear of persons
being put on the gridiron and roasted"
WHAT'S that?" inquired the court "If
such statement as that Is to be found in
the Bible. have certainly overlooked it."
When quiet was restored, Mr.. Classic
corrected himself by saying he meant the
history of the martyrs.
In closing the case Prosecuting Attorney
Pugh set forth that the contest Of Friday
was Of as serious a nature as prize fight
or a bull fight, and almost as bloody
Why" he continued, 1.-The law looks upon
contests of that character as q peniten-
tiary Offer Sc. i want to say right here
that so long as l am assistant district at
torney in this court l shall suppress all
cruelty to animals in the District of Co.
lumbia.'
The court ruled that the fact that the
horse was urged into the contest several
times after being wounded was sufficient