LAW REPORTS.

Dominion, Volume 6, Issue 1629, 21 December 1912, Page 11

LAW REPORTS.

LOWER COURT, - (Before Sr. W. G. Rlddell, S.M.) TUB TRAFFIC IN CULL CATTLE. ' FOR CANNING. CRUELTY QUESTION COMES*' UP. Alexander James-Cooper, a stock agent, of Hasterton, was before tho Magistrates Court yesterday on a charge of having conveyed cattle in a manner which caused them suffering. . Mr. V. R. Meredith appeared for .the Socioty for the Prevention of Cruelty to Animals, who laid the information, j and Mr. A. Blair appeared for the defen- j dent. _ „ „ Mr. Meredith said that the S.P.C.A. wished to stop "the traffio in culls. Culls were cattle whioh were tho-rejects of farms, and they were sent to Ngahauranga • for canning purposes. Evidence would show that these cattle, 21 in number, were in such a Condition that it was cruelty to put them on the train. . Mr. Blair here objected that Mr. dith's addrws contained irrelevant matter. , The oharge said nothing about-the condition of the cattle before'their having been entrained. ' "Mr. Meredith' called . Mr. G. Taylor, a State veterinarian, who deposed that he had seen the stock on their arrival at Ngahauranga. . Mr. Meredith: What was the condition of the animals? Mr. Blair: I object to the irrelevanoy of this evidence. His Worship: I think the evidenoe is relevant. ■ : Mr. Blair i Will your Worship note my objection—that this evidence is Irrelevant to a charge of conveying cattle in a cruel manner. Mr. Taylor continued his evidence. He said that only two of the twenty-one might possibly pass for conversion into small goods. Tho others were absolute-

ly no use at all. One beast was practically dying. Another was so very weak that it could hardly stand. . Mr. Meredith : x What was the cause of this cmaciation?—l should say shortage of feed in the winter months. Starvation?— Yes; and'old age. the canse o^>their'.condition a, recent one?—Oh, no.. :Not'',within a week,, or a fortnight, or'; 1 (perhaps);-a : ;month., ■ Well, what: would' : : be ;:their ;'condition three days J previously P—Practically.; the eame. '.- i 1 • .... You are sure of that?— Quito 'positive. As a veterinarian you . have seen' poor istock before?— Yes. _ . > . How do these compaTe with them?—l have never seen such a collection before. Was there any flesh'on (hem?— Very, very little. Simply muscular tissue'.' No. fat or anything of that- kind.' Any bones showing —Well, they were ' not... showing, but they, .were very prominent. ' ;.' ' V - '••_ ; y ' What did the examination after death disclose?—lt showed ,that. six j'wei-e.■ con-; domned for extreme'.emaciation',' nine,suffering' from tuberculo,''four;/from..septio. . metritis,., and .two. from. emaciation. .. One -had cancer of,the eye. I think you. allowed them to be killed at the abattoirs?— Yes. What was your reason?— Because I.did not like to order them to be put on tho.road 'again, *. : 1 -Have-you any . idea, as.'to the 'age : of the cattle ?—No;. when cattle get beyond a'certain age they ,are beyond' gne'ssing. •I" say '.tw<s; were' from' twelve' 'to fourteen. . Some- had; ho- teeth, and some only one or two teeth. '• All had bad; mouths, except one;or two-. ... - The witness' added that patches of' hair •were. off. some of., the beasts. They: were unfiHo travel,. l and. a.train journey, would cause 'them. "Mr: „ isend staff' •.proper way, ..lu'tely necessary ?—One cbnld'do/it in two •ways.; ' The' : preferable'',way ;would- be;.to put. 'only three: or four"in; d truck,' and put straw on the floor,'.* and. the other vway 'would; beHo-pack-'them -tight in: a •truck;--;; It-would entail• suffering either .way. ■„ .... Mr. Blair: Do you know anything about, the railway regulations?— No. • Would it astonish you to know that the New Zealand, Government will not allow you to put straw in a truck?— No. A journey of six hours by rail would not add or detract from their emaciation? —Not appreciably. W. C. Quiiinell. veterinarian, stated in evidence that he had inspected the 6tock. They'were in a deplorable; condition, and trucking them in. railway train ..would cause them suffering.' ->.If-.-if; waii absolutely necessary to • send them by- rail so ■many should .not .have .been put .in one truck. y

To Mr. Blair: .The most.' humane'; wav to carry cattle was to pack' tKem well, so that there was no . room for any to get knocked down. Samuel Thomas Ebbett, who,has been 20 years in the Stook Department and is now an inspector of meat, said that the cattle were in a very poor condition, and very weak. Three showed signs of having tuberculosis, and one had a cancerous eye. He had declined to take the responsibility of having them killed with out referring to a higher authority. He had never seon n lino of cattle so poor. Had he seen them at Masterton he would, if acting as a stock inspector, have had thom condemned. They were :not fit to be handled, and unfit to do a train journey. One would not need to bo an expert to 'know that they were in bad condition. The defendant Cooper said, in evidence, that the ruling price for old cows for canning had .been .£2 10s. to £3; £2 10s. or £2 10s. 6'd. was paid for the cattlo in the line in question:'-. -Three or four of the twenty-one -were' .only- worth -boiling down. There'.'was nothing particularly wrong with thei cattle; ordinary low-conditioned -' Hundreds of "canners" as rough ; as these had been sent to Ngahauranga. Decision was'reserved, and other charges concerning, the same line of cattle were adjoiirned. ■ OTHER CASES. Lilian Jukes was gent to the Salvation/j Army Home for six months on.a charge of importuning. . For insobriety, David Thomas Dick and Thomas Barry were each fined 10s. "' -j John Ritchie was convicted on. a charge of his being a rogue and a vagabond, and •was ordered to appear for sentence when called on. ' . j

Ellen -Nightingale, a second-hand• dealer, was ordered to pay 7s. costs-f<Jr having failed to .enter particulars,-of a tranfaction. ' ; A fine of 10s., with 7s. costs, was entered against William .Fill-ford for having boarded a moving train. For having broken prohibition orders, William. Howan was fined Jl, and Patrick. Kuddy .£l,. v - , William Trilford, • who , rode a bioycle on, a' footpath, was ordered to pay 7s.* ■costs; -, i Joe Chung was fined .£lO for having had opium itf his possession, and- iiljfor hiiv--.•faffmanufactured opium. -~ Patrick SpenCer Taylor was fined. 55., with costs 75., for having failed to. giye a lx>y a certain statutory holiday. . .. ...' On. a charge of- having ' disobeyed a maintenance order, 'Charles Mercer was finwl £2, in default seven';days*. imprison-' ment. . _i . , David Duncan was fined .£l, with costs, for -'having- failed to. drive;amotor-car on the left sido of.a, thoroughfare,. V CIVIL ACTION. . Mr.- W.-' G. Riddell,. . S.Mv 'delivered judgment in a case in which James Smith; Ltd., sued James O'Sullivah for «£4 9s. 6d., for a costumo sold ,to ,-defendant's, j.wifo. _. - - Decision was in favour of- the' plaintiff for the amount claime'd with costs.