The sun. [volume] (New York [N.Y.]) 1833-1916, 1911-10-19
FOR CRUELTY TO TURTLES
MAGISTRATE DEFINES REPTILE
AND HOLDS SHIPS CAPTAIN.
skipper Must Face Charge That He Tor.
tured 8s Flappers Defendant says
Police Court Hasn't jurisdiction
u. =. Supreme Court May Hear Case.

u. .. Supreme Court May Hear Case.
A turtle is an animal.
Police Magistrate Freschi decided off,
cially so yesterday in Jefferson Market
court In decision in which he held Capt
Cleveland H. Downs in $500 bail for trial
on the charge that he had tortured sixty
eight turtles on a trip from Cuba to New
York. Capt Downs is the skipper of the
Ward Line steamer Saratoga
In March last he brought the green
turtles to consig gnee. Walter T. Smith, at
New York One had died OH the trip.
Supt Thomas F. Freel Of the
s p. c. A. declared that cruelty had
been committed because the fiippers or
fins Of the turtles had been pierced and
tied with thongs and the reptiles had
been carried on their backs throughout
the voyage. II took the Magistrate five
months to arrive at an opinion.
Beca use Smith in shipping the turtles
from the ship 10 his warehouse at 2ls
Front street had cut the thongs the Magis-
trate discharged him. but he held the
captain, as he was the carrier from a
foreign to a domestic port. This is a
question that Rihes with foreign COM
merce. and counsel for Downs intimated
that they would bring the case To the
Federal courts. thence to- the United
States supreme Court.
Two charges against Smith. one Of
receiv ing the turtles and the other Of
loading them on end. were brought against
Smith. but the court dismissed both
charges, satisfied that he was not guilty
Of intended cruelty.
Magistrate Freschi in his opinion. de-
fined animal" according To the legisla-
tive definition. viz, that including every
living creature outside Of the human
race. He admitted that this gave "A far
fetched and somewhat strange meaning
because il included all that lives Oh. over
and in the earth. as we'll a. all things that
live in the waters Of the world. Conse
quently n turtle to all intents is an animal
within the meaning of the section
In defining torture h" laid great stress
in his twentyfour page typewriter
whereby un iustifiabl" physical pain. -,if-
f.ring or death was caused or permitted
He also takes into consideration the
testimony of DR. " Reid Blair. the
zoologist. attached To IN" New York
geological Park. who admitted that turtl 10
fippers were of flexible cart ilage connect
ing with other parts of the body which
connect in turn with nervous system
He had often operated on turtles to
ramov. fbrous growths and found that
these operations were painful 10 the
turtle. som" cases requiring tn" Use of
cocaine. Tn. turlle, he conceded however
was cold blooded
capt Downs. through counsel entered
an objection to the trial of his case, saying
that State court could not entertain
jurisdiction Of the alleged offence. since
the shipment of turtles is foreign com
merce. regulated solely 10y Fedora enact -
ment. Magistrate Freschi responds that
Downs suffered tn. turtles 10 he brought
into The port Of New York without reliev-
ing them from their painful condition.
and cites ArtiCl. |. Section Of the Consti-
tution concerning the regulation Of com
merce, which, h. says is used lin his
sense us regards foreign commerce
Because Capt Downs is on the high seas
the Magistrate adjourned his commit
ment until tomorrow week. whereupon.
il is underst ood, the latter's counsel. ter
submitting him to the local jurisdiction
will sue out a writ OF habeas corpus to
bring the skipper before the Fedora
court. 1t is believed that the matter will
20 to the United States Supreme Court