The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1920-01-20
ANIMALS IN LAW DECISIONS.
Elbridge T. Gerry Traced Legal Cogni-
zance to Biblical Times.

During the early days of the American
Society for the Prevention of Cruelty
to Animals, firm of wealthy butchers
in New York city sought to restrain the
society from enforcing the laws against
cruelty, especially as it dealt with the
mode of Strengthening hogs. The firm OBJ
tanned temporary injunction, known to
the society as the Hog Slaughters' In
Junction" and endeayored to have it made
perpetual, in order to prevent the arrest
of their employees while engaged in
Strengthening animals.
The preliminary injunction was dis
solved and an appeal taken by the plain
tiffs to the highest court of the state.
Eldridge T. Gerry, then counsel to the
society, presented most powerful and
interesting argument in opposition bear
ing upon the legal rights of animals
AT an early period of history" said
Mr.. Gerry, animals became the subject
of legal cognizances and in various coun-
tries were both protected and punished
III like form of law as human beings. The
ass lying under his burden was to be
helped Rest on the Sabbath was en-.
joined for cattle as well as man, and no
work on that day was to be done by
either
by the ancient law of Egypt, to kill
beast willfully was punished with
death; accidentally, it was Unable Ami
mails were prosecuted in courts of JUS
tlce, between the thirteenth and seven.
teenth centuries, for injuries done by
them to human beings or private prop
erty; and We're subjected in due from OF
law to trial, judgment and sentence
| the latter, often that of death in cruel
manner. Where the animal was capable
of physical seizure it was formally ar
rested and brought before the court and
then imprisoned in the ordinary prison
of the place. The public prosecutor pre-
pared formal accusation. Witnesses
were then examined and their dispositions
taken as to the truth of the charge. The
Judge thereupon rendered Judgment anC
passed the sentence of death. which wa.
executed in public with great formality
the animal being often dressed in tn,
clothes of "a man. The mode of deatl
was various according to the nature O
the offense committed
About the beginning of the seven
teenth century, cases of capital condem
nation of cattle and hogs appeared t,
have ceased. The procedure for damage
against the owner of the animal offend
ing was instituted. Where physical sci
zure OF the animal was impracticable e
e., OF flies, locusts, caterpillars, etc. wht
injured crops of the country, so as a
times to create a faminel, recourse wa
had to the ecclesiastical courts, bv whom
judgment of anathema and maledictio
was Illuminated against the offending in
sects. Here again legal forms were oil
served and counsel often appointed to de
fend the insects. The plea of Chasser
ouz in 1910. in behalf of some rats, VIII
were prosecuted for eating the barle
in certain locality, is still preserved
Counsel insisted that the animals had
legal right to return whence they came
that there was no way open for thel
where cats were not waiting for then
j and he urged many arguments from hol
writ in favor of his clients. He wa
successful Another case is reporte
where a complaint was urged agains