CRUELTY TO ANIMALS.

Gisborne Times, Volume XXVI, Issue 2278, 25 August 1908, Page 2

CRUELTY TO ANIMALS.

HORSE UNMERCIFULLY BEATEN

CUNELICTJNO EVIDENCE,

At tlio Magistrate’s Court yesterday morning His Worship Hie S.M. (Mr. \V. A. Barton) investigated a charge of cruelty to » horse preferred again-1 one Walter llarliek. Sorgt. Hutton conducted the prosecution and defendant, who elected to he dealt with summarily and pleaded not guilty, was defended hy Mr lllnir. „ Mary Emma Kernel stated that on Saturday night; Juno Gtli she saw tlio defendant driving a hor.se and dray into the yard of Mr. Gordon s house. The dray was heavily loaded and the horse looked very exhausted and she saw the defendant thrashing the horse with a large piece of wood, folio was onlv two or three yards away at tlio time. Witness called out ‘You dirty deg to heat the horse like that, alu shortly afterwards the horse roared like a hull. She went away lor a time and on coming hack to tie scone in about ton minutes, saw tlio horse lying with the harness oil and groaning very much. About an houi afterwards the horse died. Defendant thrashed the horse for about twenty minutes with a him]) of wood. To Mr. Blair: It was between 7 p.m. and 7.30 p.m. when the alleged thrashing took place, and she was standing at the door, and her liouso was on the opposite side of the street. She crossed over because sbo heard tlio thrashing taking place, and although it was between 7 p.m. and 7.30 p.m. she was able to see what was taking jilace. She did not know if any of the harness broke after tho horse got into the yard. Tho horse referred to was in the shafts of the drav and there were two others in the lead. When she went over she did not know if tlio horso was off its feet, hut there were two or three sacks on tho ground. Two men, named McPherson and Raymond, were in the vicinity hut did not cross to speak to defendant.

William John McPherson said that on the night in question ho was near the house of tho previous witness and he heard a noise as of a horse kicking. On looking across tho road lie saw the dray with one horso in tho shafts and another in tho lead. It was a clear night, and the dray appeared to be hogged. Witness -remained on the scene for nearly ton minutes and saw defendant beat the shaft horse with a heavy piece of stick. The horso was most unduly beaten and defendant thrashed it on three occasions. He had a good deal of experience amongst horses and he considered that tlio horse was cruelly treated. To Mr. Blair: All the blows were on

lie horso in the shafts. The horse was standing on the ground, not with its four feet off tho ground. Ho heard afterwards there was an accident, and ho understood that the load had slipped back and swung the horse up, choking it. To the Bench : He was six or seven chains away when ho first heard the sound of the blows.

Peter Raven gave similar evidence, but could not identify the defendant as tlio man lie saw beating tho horso. In liis opinion the man was cruelly beating the horse. To Mr. Blair: He thought the horse was being beaten to make it pull out of the bog but lie thought the punishment was unnecessarily severe.

William Gordon, carrier of To Hapara, said that defendant was in liis employ on.the date in question carting chaff from Matawhero. To Mr. Blair: It was his liorso and ho was present when the cart was loaded. He heard through the telephone that there had been an accident and the belly-hand he found looked as if it had been cut with a knife.

This concluded tho case for the prosecution, and Mr. Blair addressed the Court for the defence and called defendant. -

Walter Harlic'k stated that he left Matawhero on the evening in question with a load of chaff and got to town about 7.15 when it was quite dark. He unhooked the leaders and tried to. back the cart into the shed, but failed. He then hooked tile leaders on again and tried to pull the dray out of a soft place. After getting a few yards the horses stopped. The load swung and the belly-band broke, tho cart tipping hack and carrying the shatter with it. He then cut the ropes that held the load on to try and make it slip off, but to no avail. Other means failed, and in order to let tho tip- of the dray go he got a stick to lever it off, and succeeded, then tlio horse came down but it was dead. He did not beat the shaft horse at . all but did use the whip on the leaders. The death of the horse was an accident.

To Sergt. Hutton: He never either saw or heard Airs. Ivernot. It was not a fact that he lost his temper and violently beat the horse

His Worship said that ho was perfectly satisfied that defendant had unnecessarily and cruelly beaten the horse, and it was also evident that ho had continued to do so for the space of ten minutes. Such offences, should be adequately punished, as if there was one thing to be abhorred more than another it was cruelty to dumb animals. Defendant would be convicted and fined £5 and costs £2 ss, in default 30 days’ hard labor. On the application of defendant’s solicitor a day was allowed in which to pay the fine.