MAGISTERIAL

Gisborne Times, Volume XXVII, Issue 2490, 1 May 1909, Page 2

MAGISTERIAL

FRIDAY, APRIL 30

(Before Mr. W. A. Barton, S-M.)

ALLEGED CRUELTY TO ANIMALS. ' Robert Thelwal!, inspector to the Society for the Prevention of Cruelty to Animals, proceeded against William Allen Stevens for failing to provide six horses at Wharekopae with proper ’food and water while in his charge, between December 1908 and March 1909. Mr’. Stock prosecuted and Mr. 'Coleman appeared for the defendant,, who pleaded not guilty. Alexander C. Steele, sheepfarmer at Tahunga, said that-he knew the defendant and in December last gave him six horses to break in. He did not see the horses again until March 1909. He sent two rinen to bring them home from a haddock. The horses were in a very low condition. The defendant did not send any word as to when he put the horses in the paddock. He was informed by telephone that the horses were in the paddock. The paddock was used for yarding stock and these was practically no feed there. To provide stock with water it had to be pumped . To. Mr. Coleman: Mr. Herbert White gave him the} telephone message. He got a message from Mr. Watson the same evening that he heard from. Mr. White. Mr. Watson told him when the horses liadj been left and that Mr. Stevens was on his wav back to town. Harry May Truckman, employed by the last witness, said that on March loth lie; went with his brother to a paddock to get six horses. The horses were in a very low condition and were hungry. There was water for the horses in the trough, but no food about. Thomas Williams said he also saw the horses in the paddock. They were in a low condition. There was a little grass in the paddock. To leave horses in there all night would not do them any harm. ' George Morice. sheepfarmer, said he saw the horses when they were brought to Mr. Steele’s farm and five were in low condition. Mr. Coleman submitted that as the charge involved two offences there was no case to answer. He quoted the Police Offences Act to show that the charges should be separated, and could not be joined. He was prepared to call evidence to show that the accused took all reasonable precautions for the comfort of the animals. The question was whether there was wilful neglect to provide for the animals. The defendant, sworn, stated that he broke in the horses tor Mr. Steele and took them to Wharekopae on March 12tli last. He had arranged to deliver them to the paddock ho took them from. He was told there was a stock paddock near Steele’s farm and he took the horses near the paddock. He tried to ring Steel up on the telephone at Bruce’s store, but could not. He asked a man named Watson to let Steele know thel horses were in, the stock paddock. He put the horses in the paddock on Friday and sent the message on Sunday. He saw there wns- -plenty of water for the horses. There ,was enough grass in the paddock for the horses for two or three days. •He had sent word to Mr. Steele that he was bringing the horses back. . To Mr. Stock: He went to Wharekopae sports after putting the horses in the paddock. | He tried to get a message to Mr. Steele. Thomas Ivain, drover, said he saw the defendant put the horses in the paddock. There "was enough food to last for three or four days.' The water trough was full. The horses were- in good condition. His Worship said that while there was evidence of negligence there was no evidence of wilful neglect. The information would be dismissed without costs. , ’ v • , . CLAIM FOR DAMAGES.

In a ease arising out of the previous charge, Alexander Steele (Mr. Bright) sued William Allan Stevens (Mr.' Coleman) for £25 damages sustained through the defendant negligently breaking in six horses and returning them in poor condition. There was a counter claim for £l4 10s by Stevens for breaking in the horses. The plaintiff, Alexander Steele, said in December last he gave defendant some horses to break in. He said lie had plenty of feed for the horses. He arranged that the horses should be returned in March, but a reasonable time to break in the horses was a month or five weeks. He saw defendant in Gisborne early in March, and asked him to return the horses. The horses were good-tempered. When the horses were returned they Were in low condition and were not properly broken in. Harry May . Truckman said that in December last lie left the six -horses An a paddock ; at Wharekopae to be broken in. On March 15th he saw the horses and they were in a bad condition. Ho saw 'the horses handled and he did not think they had been properly broken in. He had broken horses in many tims, but never in New Zealand.

George Hamilton Morice. sheepfarmer, Tali ora, said he saw t-lie horses before Stevens took them to break them in. They were in good condition. He saw them on their return and five were in low condition. He had tested them and found them were not properly broken in. The fact that they had been out of the hand of the breaker for a week would not make the difference. The horses wanted to be again broken in. " Mr. Coleman said lie would call evidence to show that when the horses left the defendant they were easy to catch, handle and ride. If there was any complaint it should have been made at the time. Defendant ,sworn, said lie was an ex■perieneed horse breaker. He had broken in horses for .a number of well-known residents of the district and had never had any complaints. While lie was breaking in Mr. Steele’s horses they had plenty of feed. He handled, mouthed, and rode the horses. Before lie returned the horses lie met the plaintiff in Gisborne and told him the horses were doing-all right. Witness.said he would deliver them at the end of the following week. Nothing was said at any time regarding the return of the horses to Tahunga. He put the horses in the stock paddock at Wharokopap. There was plenty of feed for the homes and they were in fit condition to go into steady woifk. Gaiiie Carrington, coach proprietor, said lie knew the defendant to be an efficient horse breaker. George Bannister, -blacksmith, said ho sliod five of the six horses in question. He had no trouble to shoe them and they were in fair condition. John Murray said lie helped defendant to break in Mil Stoe’e’s horses. He rode the horses and they wore properly broken in. Rartello Wall said he knew the lioisrs in . onpatiop. and -rmsidered they wore properly broken in. ilis Worship reserved his deecsion.