New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-19
TURTLES FIND A FRIEND.
Magistrate FreSChi Says Cruelty
to Animals Law Applies to Them.
HOLDS SHIPPER FOR TRIAL
Ship Captain Was Charged with
Allowing Flippers To Be Tied
to Prevent Escape.

Within the law the turtle is an animal
but outside its bars he's still a reptile was
ONLY one OF the things Magistrate Frescni
made public about the turtle. cooter. terra
pin-caH him what YOU within Jefferson
Market court Yesterday afternoon. in de-
Gliding a case brought by the Society for the
Prevention Of Cruelty 20 Animals against
Captain Cleveland r. Downs Of the Ward
liner Saratoga. He was accused of allowing
the Aippers Of the sixty-ive turtles wnich
were large. green. phlegmatic-looking Cd
iects. each measuring about three teet' 20
he tied. in order 10 prevent their slow out
none the less determined attempts 70 go
over the side Of the Saratoga into the wa
ter
Captain Downs's scheme was an ingeni-
GUS one. but the magistrate thought It was
sufficiently cruel for him to hold the SKIP
per in $500 bail for Special Sessions. cap
tain Downs was not present. being on MS
shin. but viii appear in court when he gets
back from Havana nor were the turtles
present. They are now soup. Superintend-
ent Thomas F. Freel Of the Society for the
Prevention of Cruelty 10 Animals repre-
scented them.
The same charge Of cruelty was Hlaue
against Walter T Smith. who sells many
Of the large green turtles devoured on the
Great White Way He was charged spe-
officially with carrying the turtles from the
saratoga.s pier 20 his place Of business, al
No PTS Front street. standing on the cages
OF their shells. Magistrate Freschl dls-
charged him. on the ground that the society
failed to make out a case against him. ana
that while on the wagon the fippers OF the
turtle party we're not tied.
The last time any one brought a prosecu-
ton for cruelty 20 turtles was thirty-hNe
years ago. and at that time the exact legal
status Of the marine denizen was not de-
termined. Magistrate Freschi remedied the
omission yesterday.
First. he advised William s. MONTGOMERY
counsel for captain Downs. 10 get out
writ Of habeas corpus. as there seemed 10
be a conflict I'm the meaning Of the law
since the state can have no authority over
foreign commerce. which Is regulated ny
The. federal courts. Then he delved into the
law books and announced that the statute
relating 10 transportation Of animals IN
cruel or inhuman manner included the tur-
tie lust as it does the beasts Of the field
and the birds Of the air section in the
penal laws reads
The word animal used in this article
does not include the human race but IN
cIudes every other living creature.
The magistrate held that, while the pierre
Ing Of the turtles fins was painful. testl-
mony showed that carrying them on their
sides merely caused them some discomfort
The torture that would justify a criminal
prosecution must be Of some mode infict-
ing bodily pain that is unjusuhable and
unnecessary, said the magistrate. He later
said:
Man is superior 70 animals. and some Of
-l-err- he rIses for food and is permitted 10
slaughter them Many are the means he
employs for such purpose. and in sucn
cases. the Incidental pain and suffering Is
treated as necessary and justnanle
It must have come 90 the ATTENTION OF
many that the treatment OF animals 70
be used for food while ln transit 90 a stock
ward or 20 market Is -Ometlmes not snort
o. cruel and ln some instances iortlrd6ie'
Hogs have their masses perforated. ana a
ring placed in it. ears Of calves are SINH
larry treated, chickens are crowded INTO
freight cars Goldfish is taken out or the
water and thrown into barrels or ice ana
sold IN the market as live cod eels nave
been known 20 squirm in the frying pay
and snails. Holsters and crabs are thrown
into boiling water irrespective OF the
devious means that might be- adopted 10
destroy life before these cruelties are per
petrated upon them. still no one has
raised q voice I'm protest. These practices
have been tolerated on the theory ! as
sumo that boo the cases where there living
dull and cold organisms are for food con-
sumption the pain. II any would be classed
as unsuitable and necessary.
The question as 70 whether the pain
caused 10 sucn creatures. often classed as
dun. nervous organisms ls 'jusunable' or
not cannot be easily answered. Public
opinion qt different times among different
races has SWING from one extreme 20 the
other The Emperor Augustus nearly eX-
terminated peacocks 70 regale himself IN
Rome with their brains To-day the world
would hold their death uniustifahle Then.
again iuries and magistrates of different
/ localities races or education, with VARYING
ideals Of taste and cuisine may hold widely
divergent ideas as 70 whether the improved
flavor Of q lobster boiled alive makes such
torture 'iustinable.
Magistrate Freschi said the questions in
volved should be reviewed in a federal
tribunal.
! cIN0Avc NEW YORK TRIBUNE