403 
JURISPRUDENCE. 
Court, if he can—that he did not arrest this man at all. He arrested 
the boy, and took him about three-quarters of a block, when this de¬ 
fendant manfully came forward and asked, “What do you arrest this 
b°y for ? The horse is mine.” I do not see how Mr. Herring can ask 
for the full measure of punishment that the law requires, in view of the 
fact that there was hardly sufficient evidence to convict the accused. 
Mr. Herring : I want to say in reply simply that the plea that this 
prisoner should not be imprisoned because this is the first case that has 
come before this Court under the Sanitary Code is absurd. This Court 
is one of the courts of the people. Case after case has gone to the Court 
of Special Sessions, and prisoners get off with light fines, and are often 
excused through sympathetic interference. I do not want to impugn 
the motives of the Justices sitting at Special Sessions, so far as the ad- 
ministiation of the law is concerned, but I think the time has arrived 
when protection should be afforded to the people by the enforcement 
of this law. 
The prisoner was remanded for sentence until Friday, November 
30th. When the prisoner was called for sentence, Mr. Price stated to 
the Court that he had moved for a new trial, which motion had been 
denied. 
The Court:—And you got your exception. 
Mr. Pi ice : Yes, sir. \our Honor, this is a poor young man, who 
has a wife and four children. He has never been known before to have 
had in his keeping a horse with glanders. The learned District Attorney 
read a great deal as to the evils which result from the spread of the dis¬ 
ease. The cases he has cited are English cases, for I have not heard of 
an American one. 
As this is the first case that has come before your Honor, and from 
the fact that this young man states he ha3 the horse in his possession 
only a little time, and that he was going to send him to the skinner’s, I 
tmst your Honor will not impose imprisonment upon him. Should he, 
however, alter this, continue in this practice, he must expect to be pun¬ 
ished as the law directs. 
Mr. Herring:—I have only, your Honor, to supplement my previous 
remarks by saying this man was-evidently in the horse business, and 
that he knew precisely the nature of the animal he had in charge. 
I here is nothing to show that this man was not willing to take any 
chance to make money, either from glandered horses or not. I am sin¬ 
cere in my conviction that it is your Honor’s duty to imprison this man. 
Mr. Price: He has never been arrested in his life for cruelty to 
